HomeMy WebLinkAboutResolution No. 94-11 ORIGINAL
CITY OF THE COLONY, TEXAS
RESOLUTION NO. c~/-//
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, AUTHORIZING THE CITY
TO BE INCLUDED IN THE CLASS OF TEXAS
MUNICIPALITIES WHICH HAVE EXISTING FRANCHISE
ORDINANCES WITH SOUTHWESTERN BELL
TELEPHONE COMPANY WHICH REQUIRE THE
COMPANY TO PAY FRANCHISE FEES BASED ON A
PERCENTAGE OF GROSS RECEIPTS DERIVED FROM
THE RENDITION OF LOCAL EXCHANGE TELEPHONE
TRANSMISSION SERVICE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of The Colony, Demon County, Texas, has
been notified pursuant to Rule 42 of the Texas Rules of Civil Procedure that a class action
suit brought by the City of Port Arthur, Texas against Southwestern Bell Telephone
Company is pending in the 136th Judicial District Court, Jefferson County, Texas; and
WHEREAS, the City of The Colony, Texas, is an incorporated Texas municipality
which has a franchise agreement with Southwestern Bell Telephone which requires the
Company to pay a franchise fee on a percentage of gross receipts derived from the rendition
of "Local Exchange Telephone Transmission Service"; and
WHEREAS, the City Council has been advised that the City of Port Arthur, for itself
and the class, is seeking unpaid municipal fees alleged to be due and owing under the said
franchise ordinance; and
WHEREAS, the City Council deems the public interest to be best served by
requesting to be included in the class described in the "Port Arthur Action";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLON~; TEXAS:
Section 1. That the above recitals are hereby found to be true and correct
and incorporated herein for all purposes.
Section 2. That the City Council hereby authorizes the City of The Colony
to be included in the class action suite styled "CITY OF PORT ARTHUR, AN
INCORPORATED TEXAS MUNICIPALITY,, ON BEHALF OF ITSELF AND ALL
OTHERS SIMILARLY SITUA TED v. SO UTHWESTERN BELL TELEPHONE COMPANI~,
A MISSOURI CORPORATION; AND H. PA UL ADAMS, ANINDIVIDUAL" pending in the
136th Judicial District Court, Jefferson County, Texas, Cause No. D-142,176.
Section 3. That the City Secretary is hereby directed to send copies of this
Resolution to the Court Clerk, Plaintiff's counsel, Defendant's Counsel and the City
Attorney.
Section 4. That this Resolution shall take effective immediately upon
passage, and it is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, this 6th day of June, 1994.
william W. M~min~g, M-ayor ~
ATFEST:
Patti A. Hicks, 'IV~RMC, Qity Secretary
APPROVED AS TO FORM: