1998-01-12 Workshop and Regular Meeting of City Council

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.~y ,~~ . ®~ ~ ® o . ,; o ORDINANCE NO. 97-2208 AN ORDINANCE WHEREBY THB CITY OF LA PORTS, TEBAS, AND SOIITHWESTERN BELL TELEPHaiNE COMPANY AGREE TO AMEND ORDINANCE NO 1834, TO PROVIDE FOR AN EZ'1'ENDED TERM THEREOF; PROVIDING TERMINATION AND OTHER PROVISIONS AS A ,RESULT OF AMENDMENTS TO THE PIIBLIC ~IITILITY REGIILATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER PROVISIONB RELATING TO THE AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LA~1; AND PROVIDING AN EFFECTIVE DATE HEREOF. WBEREAf3, 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 WHEREAf3, TELEPHONE COMPANY and CITY desire to extend the term of Ordinances No. 18.34 as~ provided in this Ordinance; and WHEREA:3, 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 provisions 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 ;pct 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 THFREFORE;••BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXASy THAT: Section 1. Section 4 of Ordinance No. 1834 entitled TERM is hereby amencied to read as follows: This Ordinance shall be in force and effect from October 1, 19.97;, through September 30, 1998, unless earlier terminated pursuant•to Section 17, provided that at the expira~ion of this .initial period, -such term shall be automa=cally'extended for successive periods of one (1) year,.tinless 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. Regard:Less of. the right of automatic renewal, the term of this Ordinance shall not extend beyond September 30, 2002. •