R-889-10-88RESOLUTION NO. 889-10-88 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY'S LEGAL
COUNSEL TO FILE FOR INTERVENOR STATUS IN THE CASE OF
SOUTHWESTERN BELL TELEPHONE COMPANY Vs. PUBLIC UTIL-
ITY COMMISSION OF TEXAS IN THE DISTRICT COURT OF
TRAVIS COUNTY, TEXAS, AND TO DIRECT THE CITY MANAGER
TO WORK WITH LEGAL COUNSEL IN ALL MATTERS RELATED
THERETO.
WHEREAS, on May 28, 1985, the Allen City Council voted to request
telephone Extended Area Service ( EAS) to the Dallas metropolitan calling
area; this request being made to the Public Utility Commission of Texas; and,
WHEREAS, in April 1987, the parties to the case including Southwestern
Bell Telephone, General Telephone of the Southwest, the Public Utility
Commission Staff, City of Dallas, the City of Grand Prairie, and the City of
Allen, signed a document ( stipulation's of the parties) that set out the facts
and agreements on all things between the parties except the issue of "lost
toll revenue"; and,
WHEREAS, on April 7, 1987, testimony was given before an examiner of
the Public Utility Commission on the issue of lost toll revenue; and,
WHEREAS, the examiners report was issued on the 31st of March, 1988,
recommending denial of the City of Allen's request for EAS; and,
WHEREAS, on May 4, 1988, oral argument was heard by the Public
Utility Commissioners and on July 22, 1988, the Public Utility Commission
entered its final order granting Allen's EAS request; and,
WHEREAS, Southwestern Bell Telephone Company did on August 8, 1988,
file a motion for rehearing of the case which was denied by the Commission;
and,
WHEREAS, in accordance with the final order of the Public Utility
Commission, the City of Allen did conduct a balloting procedure and did
certify in a letter to the Secretary and Director of Hearings for the Public
Utility Commission dated September 23, 1988, that the City of Allen had
complied with the balloting requirement, in that, greater than fifty percent of
the total number of ballots issued had been returned marked YES; and,
RESOLUTION NO. 889-10-88 (R) PAGE 2
WHEREAS, Southwestern Bell has filed suit in the District Court of
Travis County, against the Public Utility Commission of Texas, claiming that
the Commission errored in not awarding Southwestern Bell "lost toll," among
other things; and,
WHEREAS, the City of Allen continues to be an interested party in this
case even though the suit was brought directly against the Public Utility
Commission of Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT:
SECTION 1: City Council authorizes the City's legal counsel
Bickerstaff, Heath and Smiley, of Austin, to file with the District Court in
Travis County, on behalf of the City of Allen, to become an intervenor in
the case Styled Southwestern Bell Telephone Company vs. Public Utility
Commission of Texas.
SECTION 2. City Council further directs that the City Manager work
with the City's legal counsel in all matters related to the suit.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 20TH DAY OF
OCTOBER, 1988.
APPROVED:
J Farmer, MAYOR
ATTEST:
1 J I
Marty Hendrix, C81C, CITY SECRETAR