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Ordinance No. 1,050ORDINANCE NO. 1050 AN ORDINANCE AMENDING ORDINANCE NO. 753 TO CLARIFY THE PROCEDURE FOR ADMINISTERING CHANGES IN MISCELLANEOUS SERVICE TARIFFS OF GENERAL TELEPHONE COMPANY OF THE SOUTHWEST; PROVIDING THAT NO CHANGE SHALL BE MADE IN BASIC SERVICE RATES UNTIL 1972; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a question has arisen as to the administering of changes in the miscellaneous service tariffs of General Telephone Company of the Southwest; and WHEREAS, the City Council wishes to maintain its general regulatory control over such miscellaneous service tariffs as they apply to Baytown customers without the burdensome requirement that every change in the mis- cellaneous service tariffs be approved by separate ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That Ordinance No. 753 passed by the City Council of Baytown on August 26, 1965, entitled "AN ORDINANCE FIXING AND DETERMINING THE RATES AND CHARGES FOR LOCAL EXCHANGE TELEPHONE SERVICE AND MISCELLANEOUS SERVICES OF THE GENERAL TELEPHONE COMPANY OF THE SOUTHWEST IN THE CITY OF BAYTOWN, TEXAS; DISCONTINUING THE OFFERING OF FOUR PARTY SERVICE AFTER DECEMBER 31, 1965, FIXING CERTAIN EXTENDED AREA SERVICE RATES; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PROVIDING AN EFFECTIVE DATE FOR THE RATES HEREIN ESTABLISHED; AND PROVIDING FOR THE PUBLICATION THEREOF" be, and the same is hereby, amended as follows: That Section 4 of said Ordinance No. 753 be amended to read as follows: Section 4: General Telephone Company of the Southwest shall be authorized to charge within the corporate limits of the City of Baytown the following schedule of principal rates for extended area service between the City of Baytown, Texas, and the Central Zone, Channelview, Deer Park, and La Porte areas of the Houston Metropolitan Exchange: Class of Service Monthly Rates Business Individual Line Service $19.00 Extension 1.75 Residence Individual Line Service 7.75 Two party line service 6.00 Extension 1.25 Changes in the rates and charges for miscellaneous services shall be made in the following manner: General Telephone Company of the Southwest shall file any proposed change in rates and charges for miscellaneous services with the City Manager of Baytown, such change to state a proposed effective date of not less than thirty (30) days from the date of filing. After filing, the City may require any additional information of the Telephone Company that it deems necessary to assure it that the change is reasonable and may postpone the effective date proposed in the filing, or may, upon notice and hearing, refuse to permit the proposed change; but if the City has not notified the Telephone Company within thirty (30) days of the filing that the effective date proposed in the filing for the changes has been postponed, then the Telephone Company is authorized to make the change upon the effective date proposed in its filing. Any changes made by the Telephone Company in its miscellaneous service tariffs for Baytown which have previously been made substantially in the manner described above shall be valid. That Section 5 of said Ordinance No. 753 be amended to read as follows: Section 5: General Telephone Company of the Southwest will not request a change in the principal rates for extended area service as set forth in Section 4 of this ordinance until December 31, 1972. Section 2: Repealing Clause: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordi- nances regulating and governing the subject matter covered by this ordinance. Section 3: Savings Clause: If any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end, all provisons of this ordinance are declared to be severable. —2— Section 4: Effective Date: This ordinance shall take effect INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, on this -the 3rd day of December, 1970. 4" T. GLEN WALKER, May ATTEST: EDNA OLIVER, City Clerk ApOp" APPROV D: WILLIAM R. LAUGHLIN, City Attorlffey -3-