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1994R06- PORT ARTHUR V. SOUTHWESTERN BELL AND H PAUL ADAMS RESOLUTION NO. 9/f-R-c:' RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTz, TEXAS ELECTING TO BECOME A MRMBER OF THE CLASS IN THE CLASS ACTION SUIT, CAUSE NO. 0-142,176, STYLED iTIIO:~:i ARTHUR v. SOUTHWES~RN B@T.T. AND H. P . A. , PENDING IN THE 186TH DISTRICT COURT OF J~I<mSON COUNTY, TEXAS WHEREAS, the City Council of the City of Schertz has been informed that, on November 2, 1992, the 186th District Court of Jefferson County, Texas entered an order certifying aclBBB action and defined the class as set out in Cause No. D-142,176, styled Citv of Port Arthur v. Southwestern Bellanqjj. Paul Adami!l; and . WHEREAS, counsel to the class has informed the City that the City may perticipate in the class action without cost or expense to the City; and WHEREAS, it is deemed beneficial to the citizens of the City to pursue the claims eet out in the cl!l88 action in Cause No. D.142,176j NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Mll3"or, City Manager, and City Attorney are each hereby fully authorized to proceed to take all necessary procedural and substantive steps to permit the City to become a part and member of the class in the class action suit pending in thf 136th District Court of Jefferson County, Texas, Cause No. D-142,176, styled Qfu: of Port Arthur v. SOuthwestern B~l. et a!. Section 2, The Mayor, City Manager, and City Attorney are each hereby authorized to enter into such arrangements and engage in Buch procedures as are rea90nably necessary in the best interest of the City and as may be fl~fll1irAd from timo to time in eOli.l,~~L;Ull with such htlgatlon. Section 3, The actions authorized herein shall be without cost or expenee to thE> City with respect to fees and expenses of class counsel, filing fees, or other court cha~ges or costs of court, Section 4, The City Secretary is hereby directed to send a copy of this Resolution to the following persone: t1116tl1.:' . Martha Newsome Clerk of the 136th District Court Jefferson County Courthouse 1001 Pearl Beaumont, Texas 77701 Thomas A. Thomas Provost * Umphrey Law Firm, L.L.P. 490 Park Street P.O. Box 4905 Beaumont, Texas 77704 Robert E. Davis Jenkins & Gilchrist 1445 Ross Avenue Suite 3200 Dallas, Texas 75202 .- Section 5. The recitals contained in the preamble hereof are hereby found to he true, and such recitals are hereby made a part of this Resolution for all purposes and ar~ adopted as a part of the judgment and findings of the City Council. Section 6. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters ordained herein. Section 7. This Resolution shall be construed and enforced in accordance with th(' laws of the State of Texas and the United States of America. Section 8. If any provision of this Resolution or the application thereof to any person or circumstance shall he held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shaH nevertheless he valid, and this City Council hereby declares that this Resolution would have been enacted without euch invalid provision. Section 9. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. Section ] O. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. 011681c -2- .~~ DULY RESOLVED by the City Council of the City of Schertz, Texas on the ----& day of August, 1994. . . ~~ (CITY SEAL) . ATTEST: ( ~ ~"n . Secretary oaetl~ Mayor .... .3- , Ra$:Ot;utlON , . NO,Il4-R-6 i- BElKltutION. BY THE ..CITY COUNCil OF THE ' ;CIty.. OF. SCHERTZ, 1rEMSI3I;ECTIJ'oIG TO BE-. ~ME<A . MEMBER. OF, rrHE .CtA~S IN THE :t:.....SS.' ACTION SUIT, "CAUSE"NO. . 0_142,176. ;STYlED CITY .OF PORT "ARTHUR, V.SOUTH- 'WESTERN BRl AND H. . ;PAUl ADAMS, PENDIN.G' ;IN THE 186TH DISTRICT ;POURT OF JEFFERSON :;PQUNTY, TEXAS. !passed, approved and ;Poopted the 16th day of ~u-': ;gust 1994. '$Jun.. G. K!8U.... ply S......., RESOLUTION NO. 94-R-6 A RESOlUTION BY THE CITY COUNCil OF THE City . OF SCHERTZ; TEXAS RECTING TO BE' COME A MEMBER OF THE 6.....S8 IN THE\ C.....SS' ACTION SUIT, CAUSE NO, 0-142.176, STYlED CITY OF PORT ARTHUR V. SOUTH"! WESTERN Bell AND H. PAUl ADAMS, PENDING IN THE 186TH DiSTRICT COURT OF JEFFERSON COUNTY, TEXAS, Passed,-appr<iVed and adopted the 16th day of August 1994. June G. Krause, City Secretary 9~/{0 PUBLISHER'S AFFIDAVIT THE STATE OF TEx..A.S, County of Guadalune - . Before me, the undersigned authority, on this date personally aDD eared ~, r:Jj:t~$J known to me, who, being by me . . - duly S-01Orn, on his oath deposes and says that he is the publisher of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the witbin and foregoing tJ&i-1 <2....L was published. in /;) times before the retu.."r'J:l day named therein, said newspaper pub1icatioIlS bei""g on the followi-ng dates: and a newspaper copy of wbich is hereto attached. .~ qUs (, Sworn to and subscribed before me, tbis'R clay of~ AD., 19 '7'/ ~,,';.~....,"- ~",>"_......Q<''l,, f~!*' '\~\ MARGARET L CLARKSON j'\ . (' ;'J ""0 Pub",S''''"T"". \. ~\. '......::~ i MyCommissloflEH;liresJM.14, 1998 -....~i;of-:r~1-;;..E ,';,...,.......~ Yn~~ of ~&:-J Notary lie, Gn$""l11pe County, Te:tas ., . . . ... . "