95-026 ORD COP AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREEMENT

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EFFECTIVE DATE". The final payment (including payment for any partial year) under Ordinance Number 1159 shall be due 60 days following the effective date of this Ordinance, as set out in Section 19 hereof. All other ordinances and agreements and parts of ordinances and agreements in conflict herewith are also repealed, to the extent of such conflict only, which repeal shall take effect at the time and on the date specified in the preceding sentence. SECTION 17 - FiTTURE CONTINGENCY (a) Notwithstanding anything contained in this Ordinance to the contrary, in the event that a) this Ordinance or any part hereof, b) any tariff provision by which the TELEPHONE COMPANY seeks to collect the Charge imposed by this Ordinance, or c) any procedure provided in this Ordinance, or d) any compensation due the CITY under this Ordinance, becomes, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the TELEPHONE COMPANY and CITY shall meet and negotiate a new ordinance that is in compliance with the authority's decision or enactment and, unless explicitly prohibited, the new ordinance shall provide the CITY with a level of compensation comparable to that set forth in this Ordinance provided that such compensation is recoverable by the TELEPHONE COMPANY in a mutually agreed manner permitted by law for the unexpired portion of the terms of this Ordinance. (b) Notwithstanding anything contained in the preceding paragraph to the contrary, the CITY and TELEPHONE COMPANY agree that in the event this ordinance is submitted for review to any court in which the currently existing case styled City of Port Arthur, et al v. Southwestern Bell Telephone Company, et al, Cause No. D- 142,176 in the 136th Judicial Court, Jefferson County, Texas is pending, the CITY and TELEPHONE COMPANY agree to take any and all actions reasonably necessary to obtain approval and ratification of the ordinance by the court. SECTION 18 - GOVEItNING LAW (a) This Ordinance shall be construed in accordance with the CITY Charter and CITY Code(s) in effect on the date of passage of this Ordinance to the extent that such Charter SOU'1'fIWES7'ERN BELI, SETTLF..MENT ORDINANCE - Page 12