HomeMy WebLinkAboutResolution 2754..-
,~ iTi <. /
„1- ` `'~
A Resolution
NO d~7S~f
AUTHORIZING CONTINUED PARTICIPATION OF THE CITY OF FORT WORTH IN THE
CAUSE OF ACTION SYTLED CITY OF DENTON TEXAS VS TEXAS UTILITIES COMPANYAND
LONE STAR GAS COMPANY OR SUCH OTHER CAUSES OF ACTION AS THE `STEERING
COMMITTEE OF CITIES PARTICIPATING IN THE TXU FRANCHISE LITIGATION" MAY
DETERMINE, SEEKING DELINQUENT FRANCHISE FEES FROM TEXAS UTILITIES
COMPANY ("TXU"), LONE STAR GAS AND OTHER ENTITIES ASSOCIATED WITH TXtJ
AND AUTHORIZING THE INCREASE IN EXPENDITURE OF FUNDS FOR ATTORNEY AND'1
EXPERT WITNESS FESS AND OTHER COSTS ASSOCIATED WITH SUCH LITIGATION
WHEREAS on or about November 21 2000 the law firm of Strasburger & Price, L.L.P filed
on behalf of the City of Denton a lawsuit m the 134`" District Court m Dallas County Texas against
TXU and Lone Star Gas for delinquent franchise fees due to an incorrect calculation of gross receipts
and revenues (the `Lawsuit"), and
WHEREAS, on November 27 2000 the City of Fort Worth was added as a party to the above
litigation,
WHEREAS, mayor issues m the Lawsuit are common to the City of Fort Worth ("City") and
other municipalities m the TXU service area, and
WHEREAS, a consolidated action by municipalities m the TXU service area seeking delinquent
franchise fees will reduce duplication of effort and the attendant legal, expert and court costs,
WHEREAS the City of Fort Worth passed Resolution 2681 on October 24 2000 authorizing
participation m the Lawsuit and authorizing an initial payment of $50 000 as an initial contribution
toward the initial underwriting of legal and expert witness fees and other costs associated with the
Lawsuit or other subsequent related cause of action,
WHEREAS, the City of Fort Worth passed Resolution 2712 on March 6 2001 authorizing
participation m the Lawsuit and authorizing an additional payment of $50 000 as an additional
contribution toward the underwriting of legal and expert witness fees and other costs associated with the
Lawsuit or other subsequent related cause of action,
WHEREAS, additional sums have become necessary to continue underwriting costs associated with
the lawsuit;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,
~~'
~•7
~p ~
~/~
V t+s' f.
1 The City hereby agrees to pay (i) $123 809 50 on or before~~ 1 2001 to the Treasurer
of the Steering Committee of Cities Participating m the TXU Franchise Litigation as final payment
toward the underwriting of legal and expert witness fees and other costs associated with the Lawsuit or
other subsequent related cause of action and (ii) such additional sums as the Crty Council may deem
necessary in the City Council s sole discretion.
2. City Attorney David Yett or his designee shall be the City's primary contact and liaison
m this matter and shall be eligible to serve on the Steering Committee of Cities Participating m the TXU
Franchise Litigation if he is elected by other participating municipalities.
3 Notices t"o the City should be addressed as follows
Reed, Public Utilities Supervisor 1000 Throclcrriorton, Fort Worth,
Pruitt, Deputy City Attorney at the same address.
ADOPTED this day of July 2001
ATTEST
By' ~.
Gloria Pe rson City Secretary
APPROVED O R A D LEGALITY
~.
B ~.
Y
Gerald Pruitt, Deputy City Attorney
M & C f/ ~ ~ ~C~ J~ti~~~
City of Fort Worth, Attn. Danny
TX 76102, with a copy to Gerald
APRROVED
CITY CC~a~CI~.
-UL ~~' 2001
rlr y `
~N ~ t 1' P ~iu.~...1
City tiWc*~~ar. ~ cg t~.e
~~ ~~ ~ :~