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1969-007 NO ? AN ORDINANCE FIXING AND DETERMINING THE PRINCIPAL MONTHLY RATES TO BE CHARGED BY GENERAL TELEPHONE COMPANY, ITS SUCCESSORS AND AGSIGNS, FOR AUTOMATIC LOCAL EXCHANGE TELEPHONE SERVICE FURNISH- ED TO ITS SUBSCRIBERS WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, AND REPEALING ALL ORDINANCES AND PARTS OF ORDIN- ANCES IN CONFLICT HEREWITH THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I Effective Feb ~ 1969, General Telephone Company of the Southwest shall be, and it is hereby, authorized to charge the following principal monthly rates for automatic local exchange telephone service in the C~ty of Denton CLASS AND GRADE OF SERVICE MONTHLY RATES 1 Party Business Service $13 O0 Bus~ness Extension Station 1 75 1 Party Residence Service 6 15 2 Party Residence Service 6 15 4 Party Residence Service 4 45 Residence Extension Stations 1 25 Commercial PBX Trunks 21 QO Hotel PBX Trunks 14 O0 Commercial PBX ~nd PABX Stations 1 75 Hotel PBX Station I O0 Semi-Public Service (Guarantee) 13 O0 Rural Business 4 Party ll O0 Rural Residence 4 Party 5 50 SECTION II The rates and charges prowded ~n this ordinance for the local exchange telephone services ~ndlcated shall be applicable w~th~n the corporate limits of the C~ty of Denton, Texas, as now defined, and wlthln the corporate l~mtts of said C~ty as the same from t~me to t~me may be extended or changed, subject to the following prowslons hereof SECTION III General Telephone Company of the Southwest shall keep on file at the local bus~ness off~ce of the company, subject to ~nspection during regular business hours, its Local Exchange Service Tariffs, ~ts ~eneral Exchange Service Tariffs, and its General Rules and Regulations, as applicable to the Denton Exchange, setting forth in more specific detail the definition of the, terms and the application of the rates set out above, and spl~cifylng rates and charges fmr other services and for faclli~ties furnished by it w~thtn the corporate l~mlts of the City of Denton, Texas In the event of any conflict between any present or future rate, rule or regulation of the company and any rate, rule or regulation contained ~n th~s ordinance, then the rate, rule or regulation contained ~n this ordinance shall apply · ,,*%~ C~i,*L[ ...... s ,ur' ::~h LI,,~C ...... 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' ' '" " " ...... b~ozJ ~ SECTION V Thls ordinance ~s ~ntended to eliminate the necessity of litigating the request of General Telephone Company of the South- west, hereinafter sometimes called Company, as to the rates quoted for the local exchange telephone services covered hereby in order to provide sa~d Company w~th a fair return on the fair value of ~ts property used and useful in the furnlsh~ng of local exchange telephone service in said City of Denton, it hawng con- s~stently been, and st~ll being, the contention of sa~d that rates substantially higher than those provided hereby are required ~or such purpose Accordingly, while the City Council of saSd City asserts, by the adoption of this ordinance, that the rates hereby established for the local exchange telephone serwces covered hereby ere not in excess of the rates required for such purpose, nevertheless, sa~d governing body acknowled§es the existence of the abovement~oned needs of sa~d Company,amd, ~n recognition thereof and ~n order to carry into effect a furthe~ understanding between the said ¢~ty and sa~d Company that said Company will not litigate this matter, hereby stipulates and agrees that the action of sa~d Company in falling to f~le said lawsul~ shall not be construed, now or hereafter, as an abandonment or ~a~ver by said Company of any claim as to the sufflc~ency of the rates established hereby, it being the express ~ntent~on of said City that this ordinance shall be, and ~t ~s hereby, adopted w~thout determination of or pre~udlce to any future claims of sa~d Company as to the alleged ~nsuff~clency of the rates established hereby, end said Company shall not be precluded hereby from applying to said City or from instituting such legal or equitable action es may be appropriate for the establishment of rates and charges for local exchange telephone serwce to subscribers ~th~n sa~d City as m~y be required ~n order that ~t may Pece~ve a fair return on the then fair value of 1ts property used end useful in the furnishing of local exchange telephone service ~n said City S~mllarly, should the governing body of the ¢~ty, after due not,ce to said Company and ~n oppor- tunity to be heard, hereafter determine that the rates provided hereby have become excessive for such purpose, said governing bod~ may order a future reduction of said rates, subject only to the lim~tatlon that no rates or charges so fixed shall prevent sa~d Company from rece~wng a fair return on the then fair va~ue of ~ts, property used and useful in the furnlsh~ng of local exchange telephone service ~n the Cit~ of Denton SECTION VI This ordinance shall ~nure to the benefit of and be binding upon the General Telephone Company, 1ts successors and assigns SECTION VII Ordinance No 56-55, adopted November 13, lg56, and all other ordinances, or parts of ordinances, ~n conflict with any of the -2- provisions hereof, shall be, and they are hereby, repealed SECTION This ordinance shall take effect and be in force ~mmedl- ately upon ~ts passage PASGED AND APPROVED th~s ~UC day of February, A D 1969 ~r~K~ MARTIN, MAYOR ~ ~,~ OF DENTON, TEXAS ATTEST ~TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JASIK Q BARTON, CITY ATTORNEY 2~Y OF DENTON, TEXAS -3-