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1988-1552491L NO~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A FEE TO BE CHARGED FOR ANY APPLICATION FOR ANY BUILDING OR PARKING LOT PERMIT FOR ANY PROPERTY TO WHICH THE PROVISIONS OF ARTICLE III OF APPENDIX C OF THE CODE OF ORDINANCES APPLY, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I As provided for in Appendix C (Denton Landscape Code o t e ode of Ordinances, a fee in the amount of $30 00 is hereby established and shall be charged for an application for a building or parking lot permit for any property to which the provisions of Article III of Appendix C apply The fee herein established shall be in addition to any other fee established by any other ordinance SECTION II That this ordinance shall become effective imme atd-ee y upon its passage and approval PASSED AND APPROVED this the,&O~dday of jr;~~ 1988 RAY TE EN , Y ATTEST f7IFERf'WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY z 2444L COMMUNICATION LINE SERVICES AGREEMENT - Administrative Information Contract No 5001 Name of Customer Dave Krause Billing Address 1610 W Un ve Number of Available Pairs i0o Charge Per Month $135 34 Date Installed P U E D # 36 - Agreement made between the City of Denton (City), a municipal corporation of the State of Texas, and Customer named above In consideration of the mutual promises contained below, the parties agree as follows SECTION I SERVICE AND EQUIPMENT (a) City shall install, service, and maintain necessary lines and equipment to provide a connection for communications equip- ment between properties or buildings owned by Customer, in accordance with this Agreement (b) In this Agreement, the lines and equipment to be installed serviced, and maintained by City shall be referred to as the tic serviced, System", and the lines and equipment to be installed, serviced, and maintained by Customer shall be referred to as the "Customer System" The location and termination points of the City System shall be as shown in Exhibit "A", attached hereto and incorporated by reference (c) During the term of this Agreement, Customer may make use of a maximum of eighty percent (80%) of the available number of pairs on the City System installed, as provided above Any additional capacity requested by Customer in excess of the limits herein provided, shall only be provided in accordance with a new agreement (d) The ownership of the City System shall be and at all times remain in City The service supplied by City as provided for herein extends only to the service, maintenance, and operation of the City System and City shall not be responsible Account No for the installation, construction, service, maintenance, or operation of any part of the Customer System (e) City shall have the right, in its sole and absolute discretion, to change at any time the type of cable, wire, materials, and equipment used for all or part of the City System For the purpose of undertaking repairs, maintenance, or changes of the City System, City may suspend service for such periods, and in such manner, as may in its judgment be necessary City will endeavor to give Customer prior notice, if the circumstances permit, of any necessary repairs, maintenance, or changes that would require the suspension of service to Customer, but shall not be liable to Customer for its failure to do so (f) Customer hereby grants to City without charge, a license on and across any property owned or controlled by Customer as in the judgment of City is necessary to construct, repair, service, or maintain the City System and authorized representatives of City shall, at reasonable times during the term of this Agreement and after its termination, have the right of ingress to and egress from the premises of Customer for any and all purposes connected with the service rendered and for the exercise of all rights secured to City hereunder (g) After the installation of the City System, the cost of any relocation of any part of the City System requested by Customer shall be paid by Customer prior to the relocation (h) Customer shall not interfere with or alter, or permit or cause any other person to interfere with or alter the City System, except upon the express consent of City SECTION II BEGINNING OF SERVICE City shall make reasonable efforts to install the City System within a reasonable time after payment of the initial fee is made as provided in Section IV, but the completion of installation of the City System by City shall be dependent on the availability of materials, the availability of installation and service crews, all of which shall be in the sole discretion and judgment of City City shall give notice in writing of the date the City System is completed and ready for Customer's use If City fails to complete installation of the City System so as to be available for Customer's use within three (3) months of the date the initial fee is paid by Customer to City, Customer may terminate this Agreement by giving ten (10) days prior written notice to City prior to the time City begins installation of the City System PAGE 2 SECTION III CONTINUITY OF SERVICE City will use reasonable diligence to preserve as nearly as possible the continuity of service to Customer through the City System, but in the event of failure of service, in whole or part, Customer shall not make any claim against City or seek to hold City liable for any damages, consequential or otherwise, on account of any failure of the City System, regardless of the cause thereof SECTION IV RATE AND BILLING (a) Within fifteen (15) days of the effective date of this Agreement, Customer shall pay the City an initial fee in the amount of One Thousand Dollars ($1,000 00) for the service to be provided herein (b) Customer shall also pay to City the monthly charge stated above, beginning in the month that City notifies Customer that the City System is installed and ready for use, and continuing for each and every month thereafter during any term of this Agreement (c) City shall mail or delivery to Customer a monthly bill at the billing address stated above for each monthly payment to be made as provided herein Each monthly bill shall be due and payable within thirty (30) days of mailing or delivery by City The failure of City to mail or delivery a bill in any month for which a monthly payment is required herein, shall not waive the right of City to thereafter bill for and receive any monthly payment required to be made as provided for in this Agreement SECTION V TERM This agreement shall become effective upon execution by both parties and shall continue to remain in force and effect for sixty (60) consecutive calendar months (the "initial term"), beginning in the month in which City notifies Customer that the City System is complete and available for Customer's use After the expiration of the initial term, this Agreement shall continue from month-to-month, unless otherwise terminated as provided herein SECTION VI TERMINATION (a) During the initial term of this Agreement, Customer may terminate this Agreement by (1) giving written notice to City at least thirty (30) days prior to the proposed termination date, PAGE 3 and (2) by paying to City, prior to the proposed termination date, the total amount of the monthly charges that would have been otherwise required to be made during and throughout the remaining months of the initial term of this Agreement (b) City may terminate this Agreement at any time for customers nonpayment of any charges owed or for any other breach of this Agreement (c) After the expiration of the initial term of this Agreement, either party may terminate this agreement upon giving thirty days prior written notice to the other SECTION VII USE OF CITY SYSTEM, APPLICATION OF LAW (a) Customer shall not make use of City System for any other purpose than to provide communications services between properties or buildings of Customer Customer shall not sell or grant to any third person the right or privilege of using the City System for any purpose (b) This Agreement is made with the express intent and understanding of both parties that in providing the services herein agreed upon (1) City is not acting as and does not qualify as a public utility or retail public utility, as defined by the laws or regulations of the State of Texas, (2) City is not required to apply for or receive any certificate, permit, license or other form of approval from any State or Federal regulatory agency, and (3) That the services or rates herein provided for are not required to be approved by, and are not subject to the jurisdiction and control of, any State of Federal regulatory agency (c) Should, during the term of this Agreement, any court or State or Federal regulatory agency with jurisdiction over the subject matter of this Agreement, find, determine, or rule, or should City, in its sole discretion find or determine, that any of the understandings stated in paragraph (b) of this section do not or no longer exist or apply, City may terminate this Agreement PAGE 4 (d) Should any provision of this Agreement be in violation of any State or Federal law or regulation, as found or ruled by any court or regulatory agency having jurisdiction over the subject matter of this Agreement, City may terminate this Agreement (e) Should City exercise its right to terminate this Agreement under this Section, it shall do so by giving by giving thirty (30) days prior written notice to Customer, and Customer shall not be liable for the payment of any monthly charges for any month after the termination date CUSTOMER SECTION VIII MISCELLANEOUS (a) Administrative Information The Administrative Information at the beginning o this Agreement shall be material terms of this Agreement, subject to all other provisions of this Agreement (b) Taxes Customer agrees to pay all taxes, including any federal or state excise or use taxes, or other taxes which may be assessed or levied by any governmental entity on account of the service rendered to Customer (c) Successors and Assigns This Agreement will inure to and be binding upon the successors and assigns of the respective parties, provided that Customer shall not assign this Agreement or any rights relating thereto to any other person without the express written consent of City Executed thisGgy ay of J", , 1988 CITY OF DENTON APPROVED DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY vvv~ PAGE 5 r { f i 1 I 3 i a 1 ~ ~ i' i i ~ ~ i i