HomeMy WebLinkAbout1991-O-15 - Signatory To The Joint StipulationORDINANCE NO. 1991-15
AN ORDINANCE APPROVING THE JOINT STIPULATION FILED WITH
THE PUBLIC UTILITY COMMISSION IN DOCKET NO. 9979 AND
AUTHORIZING THE CITY OF STEPHENVILLE TO BECOME A
SIGNATORY TO THE STIPULATION.
WHEREAS, on January 16, 1991, the General Counsel of the Public
Utility Commission of Texas filed a petition with the
Commission to inquire into the rates and services of
United Telephone Company of Texas, Inc. (United) and the
inquiry was docketed as Docket No. 9979; and
WHEREAS; the City of Stephenville on its own behalf and on behalf
of its ratepaying citizens intervened in Docket No. 9979;
and
WHEREAS; after intense negotiations with other intervenors, United
and the Commission staff, a Joint Stipulation was reached
which is attached hereto as Appendix A; and
WHEREAS; the Joint Stipulation provides for a reduction in local
and long distance telephone rates and for improved
service; and
WHEREAS; United has agreed to construct certain facilities as set
forth in Appendix B attached hereto, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE, TEXAS;
Section 1. The facts and matters set forth in the preamble of this
Ordinance are hereby found to be true and correct.
Section 2. The City Council of the City hereby finds and
determines that the Joint Stipulation attached hereto as Appendix
A is reasonable and in the interest of the City.
Section 3. In consideration of the benefits set forth in the Joint
Stipulation to United's ratepayers who reside within Stephenville's
municipal boundaries and in consideration of United's agreement to
assist in the promotion of the City's economic development
initiatives the City Council hereby recommends that the Commission
adopt a Final Order consistent with the Joint Recommendation.
Section 4. Jim Boyle, Special Counsel for the City in Docket No.
9979, is hereby authorized and directed to execute said Joint
Stipulation for and on behalf of the City, it being the intent of
the City Council that the City become a signatory party to the
Joint Stipulation,
Section 5. In the event that the Commission does not adopt a Final
Order consistent with the Joint Stipulation, then, the City Council
hereby authorizes our Special Counsel, Jim Boyle, to represent the
City and its citizens in any and all matters in connection with
Docket No. 9979 and to take any and all actions necessary and
incidental thereto and to the resolution of such matters as may be
in the best interest of the City.
Section 6. In any section, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or
otherwise invalid or unenforceable by a Court of competent
jurisdiction, such decision shall not affect the validity of the
remaining section, sentences, clauses, or phrases of this Ordinance
or the Ordinance as an entirety, it being the legislative intent
that the provisions of this Ordinance are separable and that the
Ordinance shall continue in effect notwithstanding the invalidity
of such section, sentence, clause or phrase.
Section 7. That all ordinances, resolutions, or parts thereof, in
conflict herewith are repealed to the extent of such conflict.
Section 8. It being for the public welfare that this Ordinance be
passed, creates an emergency and public necessity, and the rule
requiring this Ordinance be read on three (3) separate occasions
be, and the same is hereby waived, and this Ordinance shall now be
placed on its third and final reading for passage, and shall be in
full force and effect from and after its passage and approval.
PASSED AND APPROVED by a vote of / in favor to O
opposed on this 6th day of August, 1991.
ATTEST:
ce emberton, City Secretary
0
0
CITY OF STEPHENVILLE
C__: V.
George,,Awearingen, Mayor