O-1998-2208 - Laserfiche WebLink

Browse Search

e . ORIG~NAL ORDINANCE NO. 97-2208 AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO 1834, TO PROVIDE FOR AN EXTENDED TERM THEREOF; PROVIDING TERMINATION AND OTHER PROVISIONS AS A RESULT OF AMENDMENTS TO THE PUBLIC UTILITY REGULATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte, hereinafter referred to as the "CITY", adopted and approved Ordinance No. 1834 on June 8, 1992, which was accepted by Southwestern Bell Telephone Company, hereinafter referred to as the "TELEPHONE COMPANY"; and WHEREAS, TELEPHONE COMPANY and CITY desire to extend the term of Ordinance No. 1834 as provided in this Ordinance; and WHEREAS, it is to the mutual advantage of both the CITY and the TELEPHONE COMPANY that the term of Ordinance No. 1834 be extended; and WHEREAS, it is recognized by the parties that prov1s1ons set forth in Ordinance No. 1834 may create legal issues with respect to the CITY's compliance with Section 3.2555 of the Public utility Regulatory Act of 1995 effective September 1, 1995, hereinafter referred to as the "Revised PURA"; the parties agree and intend that this amendment to Ordinance No. 1834 constitutes an interim arrangement to accommodate the needs of the parties, pending clarification of the interpretation and application of the Revised PURA. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. Section 4 of Ordinance No. 1834 entitled TERM is hereby amended to read as follows: This Ordinance shall be in force and effect from October 1, 1997, through September 30, 1998, unless earlier termina~ed pursuant to Section 17, provided that at the expiration of this initial period, such term shall be automatically extended for successive periods of one (1) year, unless written notice of intent to terminate this agreement is given by either party not less than ninety (90) days prior to the termination of the then current period. When such notice is given this agreement shall terminate at the expiration of the then current period. Regardless of the right of automatic renewal, the term of this Ordinance shall not extend beyond September 30, 2002.