HomeMy WebLinkAboutO-1992-1833
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ORDINANCE NO. l833
AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE FEDERAL AVIIATION ADMINISTRATION; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTJ FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAWJ AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section l. 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 Airport 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, Article 62S2-l7, Texas Revised
Civil Statutes Annotated; 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.
PASSED AND APPROVED, this /3d day of ~ ' 1992.
CIT OF LA PORTE
ATTEST, . ~
~ ,~
Cherie Black
City Secretary
Knox W. Askins
City Attorney
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u.s. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, TX 76193-0056
Lease No. DTFA07-92-L-0112s
Remote Transmitter/Receiver Outlet
(RTR-O), La Porte Municipal Airport
La Porte, Texas
LEASE
between
CITY OF La PORTE, TEXAS,
a Corporation
and
THE UNITED STATES OF AMJRICA
This LEASE, made and entered into this J1~day of ~~A:~ in the
year one thousand nine hundred and ninety-two, by and be~ ~he CITY OF
La PORTE, TEXAS, a Corporation, whose address is La Porte Municipal Airport,
P.O. Box 1115, La Porte, Texas 77572-1115, ATTN: Steve Gillette, Airport
Manager, for itself, its successors, and assigns, hereinafter called the
Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the consideration hereinafter
mentioned covenant and agree as follows:
1. For the term beginning May 1, 1992, and ending September 30, 1992, the
Lessor hereby leases to the Government the following described property,
hereinafter called the premises, VIZ:
LEGAL DESCRIPTION
LA PORTE, TEXAS RTR-O
"From the intersection of the centerlines of existing paved airport
runways designated Runway 12-30 and Runway 5-23, identified as the
Airport Reference Point (ARP) coordinates (latitude 29"40' 09 "N,
longitude 9s"03'sl"W) proceed NO~OO'OO"W 1,000 feet to the southeast
corner of the facility plot, this being the POINT OF BEGINNING
(latitude 29"40'18.874"N, longitude 9s"03's1"W); thence N90"00'OO"W
16 feet; thence NO~OO'OO"W 20 feet; thence S90"00'OO"E 16 feet;
thence SOO"OO'OO"E 20 feet and returning to the POINT OF BEGINNING
containing 0.007,4 acres more or less." Said facility plot is shown
on the attached drawing designated Exhibit "A," which by this
reference is made a part hereof.
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Lease No. DTFA07-92-L-01125
Remote Transmitter/Receiver Outlet
(RTR-O), La Porte Municipal Airport
La Porte, Texas
a. Together with a right-of-way for ingress to and egress from the
premises; a right-of-way or rights-of-way for establishing and maintaining a
pole line or pole lines for extending electric power, and telecommunications
facilities to the premises; and right-of-way for subsurface power,
communication and water lines to the premises; all rights-of-way to be over
the said lands and adjoining lands of the lessor, and unless herein described
by metes and bounds, to be by routes reasonably determined to be the most
convenient to the Government.
b. And the right of grading, conditioning, and installing drainage
facilities, and seeding the soil of the premises, and the removal of all
obstructions from the premises which may constitute a hindrance to the
establishment and maintenance of air navigation and telecommunications
facilities.
c. And the right to make alterations, attach fixtures, and erect
additions, structures, or signs, in or upon the premises hereby leased, which
alterations, fixtures, additions, structures or signs so placed in or upon, or
attached to the said premises shall be and remain the property of the
Government, and may be removed upon the date of expiration or termination of
this lease, or within ninety (90) days thereafter, by or on behalf of the
Government, or its grantees, or purchasers of said alterations, fixtures,
additions, structures, or signs.
2. RENEWAL OPTION:
This lease may, at the option of the Government, be renewed from year to
year and otherwise upon the terms and conditions herein specified. The
Government's options shall be deemed exercised and the lease renewed each year
for one (1) year unless the Government gives the Lessor thirty (30) days'
written notice that it will not exercise its option before this lease or any
renewal thereof expires; PROVIDED that no renewal shall extend this lease
beyond the 30th day of September 2012.
3. RENT:
The Government shall pay no monetary consideration in the form of rental,
it being mutually agreed that the rights extended to the Government herein are
in consideration of the obligation assumed by the Government in its
establishment, operation, and maintenance of the remote transmitter/receiver
outlet (RTR-O) facilities upon the premises hereby leased.
4. CANCELLATION:
The Government may terminate this lease at any
thirty (30) days' notice in writing to the Lessor.
by certified or registered mail.
time by g~v~ng at least
Said notice shall be sent
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Lease No. DTFA07-92-L-01125
Remote Transmitter/Receiver Outlet
(RTR-O), La Porte Municipal Airport
La Porte, Texas
5. DISPUTES:
a. This lease is subject to the Contract Disputes Act of 1978 (Public
Law 95-563).
b. Except as provided in the Act, all disputes ar~s~ng under or relating
to this lease shall be resolved in accordance with this clause.
c. (1) As used herein, "claim" means a written demand or assertion by
one of the parties seeking, as a legal right, the payment of
money, adjustment, or interpretation of lease terms, or other
relief, arising under or relating to this lease.
(2) A voucher, invoice, or request for payment that is not in dispute
when submitted is not a claim for the purposes of the Act.
However, where such submission is subsequently not acted upon in
a reasonable time, or disputed either as to liability or amount,
it may be converted to a claim pursuant to the Act.
(3) A claim by the Lessor shall be made in writing and submitted to
the Contracting Officer for decision. A claim by the Government
against the Lessor shall be subject to a decision by the
Contracting Officer.
d. For Lessor claims of more than $50,000, the Lessor shall submit with
the claim a certification that the claim is made in good faith, the
supporting data are accurate and complete to the best of the Lessor's
knowledge and belief; and the amount requested accurately reflects the
lease adjustment for which the Lessor believes the Government is
liable. The certification shall be executed by the Lessor if an
individual. When the Lessor is not an individual, the certification
shall be executed by a senior company official in charge at the Lessor
plant or location involved, or by an officer or general partner of the
Lessor having overall responsibility for the conduct of the Lessor's
affairs.
e. For Lessor claims of $50,000 or less, the Contracting Officer must
render a decision within 60 days. For Lessor claims in excess of
$50,000, the Contracting Officer must decide the claim within 60 days
or notify the Lessor of the date when the decision will be made.
f. The Contracting Officer's decision shall be final unless the Lessor
appeals or files a suit as provided in the Act.
g. The authority of the Contracting Officer under the Act does not extend
to claims or disputes which by statute or regulation other agencies of
3
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Lease No. DTFA07-92-L-01125
Remote Transmitter/Receiver Outlet
(RTR-O), La Porte Municipal Airport
La Porte, Texas
the Executive Branch of the Federal Government are expressly
authorized to decide.
h. Interest on the amount found due on a Lessor claim shall be paid from
the date the claim is received by the Contracting Officer until the
date of payment. Interest on the amount found due on a Government
claim shall be paid from the date the claim is received by the Lessor
until the date of payment. Interest shall be computed at ten percent
(10%) per annum on the basis of a 365- or 366-day year, whichever
applies.
i. Except as the parties may otherwise agree, pending final resolution of
a claim by the Lessor arising under the lease, the Lessor shall
proceed diligently with the performance of the lease and its terms in
accordance with the Contracting Officer's decision.
6. OFFICIALS NOT TO BENEFIT:
No Member of or Delegate to Congress, or Resident Commissioner shall be
admitted to any share or part of this lease, or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to this lease
if made with a corporation for its general benefit.
7. LESSOR WARRANTY:
The Lessor warrants that no person or selling agency has been employed or
retained to solicit or secure this lease upon an agreement or understanding
for a commission, brokerage, percentage or contingent fee, except bona fide
employees or bona fide established commercial or selling agencies maintained
by the Lessor for the purpose of securing business. For breach or violation
of this warranty, the Government shall have the right to annul this lease
without liability, or in its discretion to deduct from amounts otherwise due
under this lease or other consideration, the full amount of such commission,
brokerage, percentage, or contingent fee.
8. FUNDING RESPONSIBILITY CLASS I - II FACILITIES:
The airport owner agrees that any relocation, replacement, or modification
of any Federal Aviation Administration Class I and Class II facilities, or
components thereof, as defined below, covered by this lease during its term or
any renewal thereof made necessary by airport improvements or changes which
impair or interrupt the technical and/or operational characteristics of the
facilities will be at the expense of the airport owner; except, when such
improvements or changes are made at the specific request of the Government.
In the event such relocations, replacements, or modifications are necessitated
due to causes not attributable to either the airport owner or the Government,
funding responsibility shall be determined by the Government.
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Lease No. DTFA07-92-L-01125
Remote Transmitter/Receiver Outlet
(RTR-O), La Porte Municipal Airport
La Porte, Texas
CLASS I FACILITIES
Remote Transmitters/Receiver (Tower)
Airport Traffic Control Towers
Airport Surveillance Radars
Airport Surface Detection Equipment
Precision Approach Radar
ILS and Components
ALS and Components
Flight Service Stations
Visual Landing Aids
Direction Finding Equipment
VOR's, TVOR's, and VORTAC's
(Instrument Approach)
Weather Observing and Measuring Equip.
(Owned and operated by FAA)
Central Standby Powerplants
CLASS II FACILITIES
Long Range Radar
Air Route Traffic Control Centers
Remote Control Air-Ground
Communication Facility
VOR and VORTAC (en route only)
Flight Service Station
Remote Communications Outlet
Limited Remote Communications Outlet
Other En Route Facilities
9. NON-RESTORATION:
It is hereby agreed between the parties that upon termination of its
occupancy the Government shall have no obligation to restore and/or
rehabilitate, either wholly or partially, the property which is the subject
matter of this lease. It is further agreed that the Government may abandon in
place any or all of the structures and equipment installed in or located upon
said property by the Government during its tenure. Notice of abandonment will
be conveyed to the Lessor in writing.
10. FACILITY PLOT AND ACCESS ROAD:
The Lessor shall construct a 16-foot by 20-foot facility plot and an
all-weather access road approximately 1600 feet long by 12 feet wide for
access to the facility plot. The location of the facility plot and access
road are as shown on the attached drawing designated Exhibit "A." The
Government shall maintain the facility plot and access road.
11. NOTICES:
All notices sent to the parties under the lease shall be addressed as
follows:
To the Lessor: City of La Porte, Texas, La Porte Municipal Airport,
P.o. Box 1115, La Porte, TX 77527-1115, Attn: Steve Gillette, Airport Manager
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Lease No. DTFA07-92-L-01125
Remote Transmitter/Receiver Outlet
(RTR-O), La Porte Municipal Airport
La Porte, Texas
To the Government: Department of Transportation, Federal Aviation
Administration, Southwest Region, ATTN: ASW-56, Fort Worth, TX 76193-0056
IN WITNESS WHEREOF, the parties hereto have unto subscribed their names as
of the date first above written.
CITY OF La PORTE, TEXAS,
BY~ ~rp~
S ve Gillette
Title: Airport Manaaer
THE UNITED STATES OF AMERICA
BY'~~/ ~
Lottie M. Kirsch
Title: Contractina Officer
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Lease No. DTFA07-92-L-Ol125
Remote Transmitter/Receiver Outlet
(RTR-O), La Porte Municipal Airport
La Porte, Texas
CORPORATE CERTIFICATE
I,
e. her'\ e ts l tl-c-l-<..
Ct"
, certify that I am the
Se.e. re..-k
of the City of La Porte, Texas, named in the foregoing agreement; that ~~U~
6.l1le.- tt
, who signed said agreement on behalf of said city, was then
of the city, that said agreement was duly signed for
and in behalf of the City by authority of its governing body, and is within
the scope of its corporate powers.
Dated th:;~~,,,"~~1'4.tf day of A:p (~ (
/ '- ;',' >, '" ;:,~:~! '
, 191 ~
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JlACNETIC VARIANCE ::: ~9' EAST
RATE OF CHANCE... 6.1' "EST (1990)
SOURCE:
USAFETAC Air Weat.her Service
Asheville, N.C.
DATA STATION:
Ell1n&t.on Alrlorce Base
Texas
OBSERVATIONS:
87,622 ObservaUou
Dec. 68 - Jut 70; Aug. 72 - Nov. 80
Runwa1l 05-23
Runwa1l .12-30
CcnnhiMci C01Jflf'age
WIND COVERAGE
12 MPH 15 MPH
93. 4~ 98. 7~
94. 9~ 99.2~
99. 7~ 99.9'%
ACQUIR
A VIGA TI
EASEME
RUNWAY D.ATA RUNW A Y 12-30 !
EXISTING ULTIMATE
RUNWAY CATEGORY UTILITY UTILITY
AIRPORT REFERENCE CODE IIIB IIIB
RUNWAY DIMENSIONS 3,SOO'X7S' 4,300'X7S'
RUNWAY BEARING NSZ 1B'1 '/' W NSZ1B'11' W
RUNWAY INSTBUMENTATION ' NON-PRECISION NON-PRECISION
RUNWAY SAFETY AREA 4,100'X1S0' 4, 900'X1 50'
RUNWAY OBJECT FREE AREA 4,700' XSOO' S,SOO'X500'
RUNWAY OBSTACLE FREE ZONE 3,900'X400' 4,700X400'
RUNWAY APPROACH SURFACES 20: 1120: 1 20: 1/20: 1
RUNWAY UGHTING MIRL MIRL
RUNWA Y MARKING NON-PRECISION NON - PRECISIO~
EFFECTIVE RUNWA Y GRADIENT (in %) 0.029 0.023
PAVEMENT MATERIAL ASPHALT ASPHALT
PAVEMENT STRENGTH (in thousa.nd lbs.)' 23, OOO(S) 30,000(S)
TAXIWAY LIGHTING MITL MITL
TAXIWAY MARKING CENTERLINE CENTERLINE
NA VIGA TIONAL AIDS NDB NDB
-- LOCAUZER
.'
-- (RWY 30)
-- REILS
-- PAPI-4
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1 Pavement strengths a.re expressed in single -(S); 'dual (D), d1.L4l ta.ndem (DT), a.ndlO1"
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20: 1 VISUAL APPROACH
EXISTING R.P,Z.
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PROPOSED
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EXTENSION
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EXISTING NOS
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RunUlCllf '2-30
ComMned C01Ifl'I'age
WIND COVERAGE
12 MPH 115 MPH
93,4:C 98, 7~
94.9:C 99.2~
99. 7~ 99,9~
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AVIGATION
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SOURCE:
USAFETAC Air Weather Service
Asheville, N.C.
DATA STATION:
Ell1n&ton A1rlorce Baae
Texa.
OBSERVATIONS:
87,822 ObservaUons
Dec. 88 - JuL 70; Aug, 72 - Nev. 80
JlACNETIC VAlUANCE = ~9' EAST
RArE 01' CHANCE", 6." 'WEST ('990)
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5,500'X500' 4,200'X500' , 4,200'X500'
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LA PORTE, TEXAS
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500'XlOOO'X650'
20: 1 VISUAL APPROACH
EXISTING R.P.Z,
500'XlOOO'X650'
20: 1 VISUAL APPROACH
PROPOSED
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EXTENSION
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SOURCE:
USAFETAC Air Wealher Service
AIIbevUle, N.C.
DATA STATION:
ElllnaloD A1r1orce Base
Tell:ll8
OBSERVATIONS:
87,622 ObservaUoD:l
Dec. 88 - Jul 70; Aug, 72 - Nov, 80
JlACNETIC V.ARlANCE ~ 4'9' EAST
lUTE OF CH.ANCE = 6.1' nST (1990)
Runwt\1I 05-23
RunWCl1l 12-30
Combined Covllf't\(Je
WINO COVERAGE
12 MPH
93,4X
94. 9"
99.7%
15 MPH
98.7%
99,2%
99,9%
ACQUIRE
AVIGATION
EASEMENT
e
e
MACNETIC VARIANCE = 4'9' EAST
RATE OF CHANCE It: 6. l' WEST (1990)
SOURCE:
USAFETAC Air Weat.her Service
Asheville, N.C.
DATA STATION:
E1lln&t.on A1rlorce Balle
Texas
OBSERVATIONS:
87,622 ObservaUon:s
Deo. 88 - Jut 70; Aug. 72 - Nov. 80
WIND COVERAGE
12 MPH 15 MPH
93. 4~ 98. 7~
94. 9~ 99.2~
99. 7~ 99.9~
Runway 05-23
Runway 12-30
Com.bined Covfl'f'age
RUNWAY DATA-
RUNW A Y 12-30
RUNWAY CATEGORY
AIRPORT REFERENCE CODE
RUNWAY DIMENSIONS
RUNWAY BEARING
RUNWAY INSTRUMENTATION'
RUNWAY SAFETY AREA
RUNWAY OBJECT FREE AREA
RUNWAY OBSTACLE FREE ZONE
RUNWAY APPROACH SURFACES
RUNWAY MGHTING
RUNWAY MARKING
EFFECTIVE RUNWA Y GRADIENT
PAVEMENT MATERIAL
PA VEMENT STRENGTH (in thousand lbs.
TAXIWAY LIGHTING
TAXIWAY MARKING
NA VIGA TIONAL AIDS
EXISTING
UTILITY
IIIB
3,500'X75'
N5Z16'1't'W
NON-PRECISION
4,100'X150'
4,700'X500'
3,900'X400'
20: 1120: 1
MIRL
NON-PRECISION
0.029
ASPHALT
23,000(S
MITL
CENTERLINE
NDB
UL T1~
UTIL
III
4,300
N5Z 1 f
NON-PR
4,900'
5,500'
4,700
20: 1/
MJ
NON-PF.
O.C
ASP,
30,01
M.J
CENT},
N.
LOCA,
(RJf1
RE
PAl
1 Pavement strengths are expressed in single (S), dual (D), d1J.CJ.l tandem (DT),
.
..
j'
~.
Southwestem Bell
Telephone
Barry Beasley
6500 W. Loop South
Bellaire, Ix 77401
The Honorable Norman Malone
Mayor
City of LA PORTE
P. O. Box 1115
La Porte, Texas 77512-1115
The Honorable Norman Malone:
Enclosed are two originals of the Southwestern Bell Telephone
Company's signed acceptance of Ordinance No. 1834 passed
by the City of LA PORTE on 06/08/92. After the filing
date has been noted by the City Secretary, one countersigned
acceptance document should be returned to me for filing with
Southwestern Bell Telephone's official. records.
The effective date for Ordinance No. 1834 will be
10/01/92. The quarterly payments for the first year will be
made as follows:
02/28/93
05/31/93
08/31/93
11/30/93
$28,325.00
$28,325.00
$28,325.00
$28,325.00
The payment for the second year of the ordinance may be
increased according to 'the growth factor stated in the ordinance.
Calculations for future payments will be available in October
of each year, and you will be advised of the payment at that time.
Southwestern Bell Telephone Company will continue to operate
under the terms of the previous ordinance until the effective
date of the new ordinance. The final payment under this ordinance
should be remitted to the city no later than 11/30/92.
Please feel free to contact me at 713-567-7383 if I can be of
any further assistance.
Sincerely,
{J-~.
Bar~Sle7
Are~:~:~er-External Affairs
Enclosures
;~.',..
.
--
ACCEPTANCE
WHEREAS, the City of LA PORTE, Texas, did on the 8th day of
June, 1992, enact Ordinance Number 1834 entitled:
AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS,
AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT,
FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS
BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND
CONSTRUCT ITS POL~S, WIRES, ANCHORS, FIBER, CABLES,
MANHOLES, CONbUITS AND OTHER PHYSICAL PLANT AND
APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH,
ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES,
HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS
IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION
DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE
CONDITIONS GOVERNING THE USE OF PUBLIC
RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN
CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE
TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS;
PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING
LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER
PRIOR ORDINANCES; PROVIDING FOR FUTURE
CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF
THIS ORDINANCE BY THE TELEPHONE COMPANY; AND
PROVIDING FOR A TERM AND AN EFFECTIVE DATE.
and WHEREAS, said Ordinance was on the 8th day of
1992, duly approved by the Mayor of said City
Seal of said City was thereto affixed and attested by
Secretary:
June,
and, the
the City
NOW, THEREFORE, in compliance with the terms of said
Ordinance as enacted, approved and attested, the Southwestern
Bell Telephone Company hereby accepts said Ordinance, and
files this its written acceptance with the City Secretary of
LA PORTE, Texas. Pursuant to the terms of said Ordinance and
this Acceptance, said Ordinance shall become effective on
October 01, 1992.
i
day 0 f t ~ . 19".2,
SOUTHWESTERN BELL
TELEPHONE COMPANY
Dated this
~~...."''''~\.;, "
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.~ ... ~ '~..:'~
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~ ~:."!. $
., "', <"
. ,,~';,~ ./
. . .A..cc-e-pta'nce
L~. F.ORT!!!",.Texas
... .!........:",..i".':.:t
filed
this
1n the Office~f the City Secretary
IS-.bt day of 7- ' 19j&.
~4J;'~ ~
Clty Secretary
of