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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