CC Resolution No. 1395 2644
RESOLUTION NO. 1395
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
EXPRESSING ITS DESIRE THAT THE CITY OF BAYTOWN REMAINS AS A CLASS
PARTICIPANT IN THE LAWSUIT STYLED CITY OF WHARTON, ET AL. V.
HOUSTON LIGHTING & POWER, ET AL., NO. 96-016613; IN THE 127"'
JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS, AND THAT
BENJAMIN L. HALL, III, CONTINUE TO REPRESENT THE CITY'S INTERESTS IN
SUCH LAWSUIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, litigation involving certain public utility franchises and similar ordinances is now pending
in a lawsuit styled City of Wharton, et al. v. Houston Lighting & Power, et al., No. 96-016613; in the
1271h Judicial District Court of Harris County, Texas (the "Lawsuit"); and
WHEREAS, the City desires to remain a class participant in the Lawsuit and desires to be included in
the above-styled and referenced cause;NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS;
Section 1: That the City Council of the City of Baytown, Texas, hereby expresses its desire to
remain as a class participant in the lawsuit styled City of Wharton, et al. v. Houston Lighting & Power, et
al., No. 96-016613; in the 1271h Judicial District Court of Harris County, Texas, and to have Benjamin
L. Hall, III, to continue to represent its interests in the Lawsuit.
Section 2: That the City Manager is hereby authorized and directed to take any action necessary to
ensure that the City of Baytown remains in the class of plaintiffs in the Lawsuit.
Section 3: If any section, paragraph, clause or provision of this resolution shall for any reason be
held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining provisions of this resolution.
Section 4: This resolution shall take effect immediately from and after its passage by the City
Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of
Baytown this the 22id day of July, 1999. r
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.,Q Attomey
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