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Home My WebLink AboutO-1997-2195 e · ORIGINAL ORDINANCE NO. 97-2195 AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF SOUTHWESTERN BELL TELEPHONE FRANCHISE AGREEKENT, AS CONTAINED IN ORDINANCE NO. 1834, PASSED AND APPROVED ON JULY 8, 1992, FOR A TERM EXPIRING SEPTEHBER 30, 1997; EXTENDING SAID FRANCHISE AGREEMENT THROUGH KARCH 31, 1998; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the city of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the city to all such documents. section 2. The City council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the city Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e e 80RDINANCE NO. 97-2195 PAGE 2 PASSED AND APPROVED, this 8th day of September, 1997. . CITY OF LA PORTE By:b4<~~~ N rman L. Ma 0., --- Mayor ATTEST: ~M Dv\:thOv a. ~ Martha A. Gillett City Secretary u! e e ~(Qy~~f Citv- of Loa Porte / t.'-.. I :.,.' ., r i ::; "" "':. .~LLlml.,ra..J : :-_ September 8, 1997 Mr. Barry Beasley Area Manager-External Affairs Southwestern Bell Telephone 1031 Lee, Room B2 Pasadena, TX 77506 Re: Extension of City of La Porte - Southwestern Bell Telephone Franchise Agreement Dated July 8, 1992, as described in city of La Porte Ordinance No. 1834. Dear Mr. Beasley: At a regular meeting of the City Council of the City of La Porte on September 8, 1997, the City of La Porte agreed to extend the terms of the above referenced franchise agreement between the City of La Porte and Southwestern Bell Telephone Company, through March 31, 1998. The purpose of this extension is to allow the City of La Porte and Southwestern Bell Telephone Company to negotiate terms of a new agreement between the city and Southwestern Bell. This extension may be terminated by either party after ninety (90) days written notice, or may be terminated by a new ordinance passed by the city of La Porte and accepted by Southwestern Bell Telephone Company. Yours very truly, CITY OF LA PORTE By: (~/, -T -\ \\ \7\....~ ~"" \ . \:=lQ..,"'\o..-.(...--- Robert T. Herrera City Manager ACCEPTED AND AGREED, this day of September, 1997, SOUTHWESTERN BELL TELEPHONE COMPANY By: Barry Beasley Area Manager-External Affairs RTH: sw e e A.CCEPTANCE ~@lPV WHEREAS, the City Council of La Porte, Texas did on the 8th day of September, 1997, enact Ordinance Number 97-2195 entitled: AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF SOUTHWESTERN BELL TELEPHONE FRANCHISE AGREEMENT, AS CONTAINED IN ORDINANCE NO. 1834, PASSED AND APPROVED ON JULY 8, 1992, FOR A TERM EXPIRING SEPTEMBER 30, 1997; EXTENDING SAID FRANCHISE AGREEMENT THROUGH MARCH 31,1998; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. and WHEREAS, Ordinance No, 1834 was on the 8th of July 1992, duly approved by the Mayor of the City of La Porte, Texas, (hereinafter "City") and the Seal of said City was thereto affixed and attested by the City Secretary, establishing, among other things, the reasonable regulations governing Southwestern Bell Telephone Company's (hereinafter "Telephone Company") use of the public rights-of-way within the City, and compensation therefor; WHEREAS, Ordinance No. 97-2195 was on the 8th day of September, 1997, duly approved by the Mayor of the City and the Seal of the City was thereto affixed and attested by the City Secretary; and WHEREAS, Ordinance No, 97-2195 purports to extend the terms and conditions of Ordinance No, 1834 for a period through March 31, 1998; and WHEREAS, Ordinance No, 97-2195 refers to Ordinance No, 1834 as having granted Telephone Company "a franchise agreement"; And WHEREAS, Ordinance No. 1834 does not use the word "franchise"; and WHEREAS, the Telephone Company is willing to accept an extension of the terms and conditions of Ordinance No. 1834 for a period through March 31, 1998, as set forth in the letter agreement addressed to Mr, Barry Beasley and executed by Mr. Robert T, Herrera, City Manager, dated September 8, 1997, for the purpose of allowing the City and Telephone Company additional time to discuss the terms and conditions of a successor ordinance, but not for the purpose of changing the terms and conditions of Ordinance No, 1834; NOW, THEREFORE, Southwestern Bell Telephone Company hereby accepts Ordinance No, 97-2195 for the limited purpose of extending Ordinance No. 1834 for a period through March 31, 1998, and files this its wrinen limited acceptance with the City Secretary of the City of La Porte, Texas in his or her Office. ACCEPTANCE Poage 1 of 2 e Dated this ~ ~~ day of . Oc..-Iolx r' , 1997. e ~' fP\\ fQ)~!;7 ',_--7':0u U SOUTHWESTERN BELL TELEPHONE CO. By: d:2r;~ David Cole Title: President-Texas ~ Acceptance filed in the office of the City Secretary of the City of La Porte, Texas this /C-J1.., day oL-'n 01 j ,(ti'vL( u'1U , 1997, , ~'1 ~li' . I; 11.1.(j-h/~\~ City 'Secretary ,'I u., ACCEPTANCE Page 2 of2 vI) J !JI'LI r: .( I.. . . - @ Southwestern Bell Telephone "The One to Call On" S:., Marsha Pate Area Manager. Municipal Affairs October 30,1997 (" ,... .! l" ~ \ . 1'1', .,~\\. .' .,." \h~ ~.. The Honorable Norman Malone Mayor, City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Dear Mayor Malone: e cc; CU) L:~"tf .......... ~ \..; t i..--' ~~~.~;t;f 10; !fJ~-,._-~..~ C ~.~ t-H 0 +; { e. Attached are two originals of Southwestern Bell Telephone Company's signed acceptance of amending Ordinance 97-2195, This ordinance was passed by the City of La Porte on September 8, 1997 to provide for a longer term and becomes effective on October 1, 1997, After the filing date has been noted by the City Secretary, one original , countersigned acceptance document shoUld be returned to me for filing with Southwestern Bell Telephone's official records, A self-addressed envelope is also attached for your convenience. Please feel free to contact me if there are any questions. Sincerely, Attachments cc: Barry Beasley One Bell Plaza Room 3020.30 P,O. Box 655521 Dallas. Texas 75265.5521 Ph~e (214) 464.3070 Fax (214) 464.5838 ,_ (('ltl,7-e-d i9//1i47 ,:.;ttft