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FORT WORTH INDEP. SCHOOL DIST. v. FORT WORTH

No. 98-1138.

22 S.W.3d 831 (2000)

FORT WORTH INDEPENDENT SCHOOL DISTRICT, Petitioner, v. CITY OF FORT WORTH and Southwestern Bell Telephone Company, Respondents.

Supreme Court of Texas.

Decided May 11, 2000.

Rehearing Overruled August 24, 2000.

Attorney(s) appearing for the Case

Terrell W. Oxford, Dallas, W. Kelly Puls, Fort Worth, Kenneth E. Gardner, Dallas, Martha Evans, Dallas, Jeffrey W. Chambers, Fort Worth, for Petitioner.

Dee J. Kelly, Jr., Wade Adkins, Fort Worth, Robert E. Davis, Dallas, E. Glen Johnson, Roger Clyfton Diseker, Theodore P. Gorski, Fort Worth, Donna Lynn Snyder, Derek Shane Hollingsworth, David Randall Johnson, Suzanne C. Leslie, David J. Schenck, Dallas, for Respondents.

Justice HECHT delivered the opinion of the Court.

From 1937 to 1992, a Fort Worth city ordinance required Southwestern Bell Telephone Co. to pay the City, "in lieu of" all charges, fees, and taxes owed for its location of poles, wires, and other facilities on city property, a percentage of its gross receipts from the rendition of local service. A separate ordinance provided that the City would apportion Bell's payments between itself and the Fort Worth Independent...

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