HomeMy WebLinkAboutRES 950509-CCRESOLUTION NO.
y ! ! 1. . I a. • I y S i i`
`i • ' ! ! ' 1 'i i
JNDS
FOR !' 1 EXPERTFEES;D
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Southwestern Bell Telephone Company ("Bell") and 57 Texas cities sery
• - - reached proposedsettlemente • - • • •
whether • e •telephone - • •. •- •receipts, •
franchise -- purposes, -•' • • • • t • -•' •;
lines; and
WHEREAS, many cities, including City of Georgetown, served by General Telephone
Company of the Southwest ("GTE"), having fianchise agreements setting franchise fees for the
use of city right-of-way based on a percentage of the gross receipts collected by GTE within the
corporate limits of such cities, similar to the franchise agreements litigated in the Bell case; and
WHEREAS, certain cities; including the City of Denton, Texas, desire to pursue the
collection of delinquent franchise fees owed by GTE and have retained the Austin law firm of
Casstevens & Casstevens to proceed with actions before the Public Utility Commission and State
District Court, to recover such fees without burdening ratepayers; and
WHEREAS, • • •ated action by based upo• • •
• • reduce • - r •- _ • r • - • duplicati
• •
•THEREFORE,!LVED BY THE CITY COUNCIL!
CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
resolution implements Utilities and Energy Policy 6 of the Century Plan Policy Plan Element,
which states "The City will monitor the development of franchised utilities that provide adequate
services for all citizens" and Finance Policy 1 of the Century Plan - Policy Plan Element which
states: "The City will conduct all municipal operations in an efficient business -like manner"; and
further finds that the adoption of this resolution is not inconsistent or in conflict with any other
eResolution No. 5 0 "
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Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan.
SECTION 2. That the City of Georgetown agrees to participate with other similarly
situated Texas cities in the GTE system to pursue an action (1)before the Public Utility
Commission to set aside an illegal automatic "pass through" tariff of GTE, and (2) to join Denton
in filing an action in State District Court to collect delinquent franchise fees.
SECTION 3. That the City of Georgetown agrees to contribute two dollars for eadla
individual residing within its corporate limits, based on the 1990 U.S. census (except for su
portion of its population that may not be residing with the GTE system), to underwrite the co
of legal and expert witness fees to be expended on behalf of the cities in this matter, one doll
being due on July 1, 1995, and the other dollar ' if assessed, being due and payable on the da -
the Steering Committee authorizes such assessment.
SECTION 4. That the City Attorney, or their designee (hereinafter, "Delegate") mA
participate on the Steering Committee of GTE Cities (with franchise fees based on a percenta
of gross receipts) and is authorized to receive notices concerning Steering Committee activiti
at the following address: City Attorney, City of Georgetown, P.O. Box 409, Georgetown, Texa
78627, (512) 930-3653 or fax (512) 930-3622. .1
SECTION 5. That the City Attorney is authorized to take those steps reasonable and
necessary to comply with the intent of this resolution.
SEC -TION 6. That this resolution shall take effect immediately from and after its passage.
RESOLVED this day of 1995.
ATTEST: THE CITY 7Z
GEORGETO
By:
Sardra D. Lee LI�Q WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
&TEResolution No. o 7 - CC
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