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1,74W., <br />JONATHAN DAY <br />y -} <br />CITY ATTORNKY. - t ..x ...fy.• j0 Y �1 ::. _':y✓ • �� :. '•.� _::i.� `' ..,.+� i <br />k;-LEGAL D£P�#RT.oi£NT <br />1 +- P. O. BOX 1 362. HOUSTON. TEXAS 77001 <br />October 24, 1975 <br />.� <br />k; .-.-. <br />NT , t�,j; IIia +i R. gown <br />One Sheil Plaza <br />Houston, T`Yas 77002 i <br />Re: Houston Lighting & Power Company <br />(City of Houston Franchise - Ordinance <br />No. 57-929) Appurtenant Oil Pipeline <br />System <br />Dear Mr.. Drown: <br />Please be advised that your client, Houston Lighting &Power, has my <br />assurance that I will not recommend to Council nor to the administration that the <br />attempt to secure injunctive relief against the construction of the proposed <br />Ali ieline under the agreements recited in your letter of October 22nd. Lip ,_ <br />addition to the terms and conditions set forth in your letter of October 22nd, to <br />which I explicitly agree, I offer the following supplementary conditions: <br />(1) The Company shall seek a declaratory judgment on the franchise <br />issue on or before January 1, 1976.. This condition presumes that <br />the parties are unable to reach any voluntary agreement on this <br />problem prior to December Ist. Presuming that a declaratory <br />=dgment act?on is tiled, the Company shalll, on Qr oeiore Aori-: , <br />1976, cooperate with the City in bringing joint moc>_ons for summary <br />judgment under a stipulated statement of tacts. <br />(2) T"ne Company secure the final approval of the Public Works' Director <br />for the plans and specifications for the proposed pipeline. At this <br />time I am advised that such plans have only the tentative approval <br />of the Public Works Department. I know of no particular objection; <br />and would anticipate that final approval can be secured promptly. <br />n.owever, our agr eem ent is predicated on securuia- such app;ova l prior <br />to commencement of construction. <br />• <br />