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
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