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<br />e <br /> <br />e <br /> <br /> <br />WHEREAS, it is appropriate that the City of La Porte, acting by <br /> <br />and through its governing body, consent to a continuation of <br /> <br />privileges similar to those heretofore granted in Ordinance No. 419- <br /> <br />A, but under terms ~nd conditions which take into account changes in <br /> <br />technology, the telecommunications industry, and state and federal <br /> <br />law; and <br /> <br />WHEREAS, it is recognized by the parties that changes in the <br /> <br />telecommunications industry, changes in technology, changes in state <br /> <br />and federal law, and changes in the accounting practices mandated by <br /> <br />the Uniform System of Accounts promulgated by the Federal <br /> <br />Communications <br /> <br />. <br />Commission <br /> <br />("FCC"), <br /> <br />along <br /> <br />with <br /> <br />regulatory <br /> <br />requirements of the Texas Public Utility Commission ("PUC"), have <br /> <br />caused the traditional method of determining the amount of <br /> <br />compensation <br /> <br />to <br /> <br />municipalities <br /> <br />to <br /> <br />become <br /> <br />administratively <br /> <br />impractical and obsolete for telecommunications utilities. In order <br /> <br />to resolve these issues in a manner satisfactory to both the CITY <br /> <br />and the TELEPHONE COMPANY, the CITY and the TELEPHONE COMPANY have <br /> <br />chosen the method of determining the amount of compensation provided <br /> <br />for in this Ordinance to eliminate the expense and time related to <br /> <br />audits, to achieve administrative simplicity, to provide the CITY <br />with predictable revenues and an opportunity for growth and to avoid <br />the expense and delays of litigation which could be necessary to <br /> <br />-2- <br />