CC Resolution No. 1444 2721
RESOLUTION NO. 1444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SUPPORTING LITIGATION INVOLVING UTILITY FRANCHISE
FEES IN THE LAWSUIT STYLED CITY OF WHARTON, ETAL. V. HOUSTON
LIGHTING & POWER, ET AL., CAUSE NO. 96-016613; IN THE 127T"
JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the Cities of Wharton, Galveston and Pasadena have prevailed in a verdict
in the class action suit styled Cities of Wharton, et al. v. HL&P, et al; and
WHEREAS, the City of Baytown (the "City") has remained an unnamed class member in
the above-referenced class action suit and has kept itself informed about this class action suit;
and
WHEREAS, the City continues to support and is interested in the adjudication of its
similar claims against the defendants in the above-referenced suit in the exercise of its duty as
good stewards over the public treasury; and
WHEREAS, the City's individual damage claims still remain open for resolution in the
above-referenced litigation, and the City desires to obtain a determination of the amounts that are
due and owing to the City; and
WHEREAS, the City continues to support the efforts to recover the amounts owed to the
City, if any, and desire its claims to be resolved in this case; and
WHEREAS, the City has been informed that there are efforts being undertaken to attempt
to decertify and/or prevent the resolution of the City's claims in the above-referenced litigation,
which efforts the City opposes; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City supports the above-referenced litigation and the efforts to
recover amounts that may be due and owing to the City by the defendants. The City of Baytown
hereby authorizes the attorneys representing the Cities in the above-referenced case to file all
necessary and appropriate pleadings and motions on its behalf to ensure the reasonable resolution
of the City's damage claims against the defendants, but not limited to, the filing of petitions in
intervention in the case to protect the City's interests.
Section 2: 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.
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Section 3: 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 23rd day of May, 2000.
PETE C. ALFARO, Mayor
ATTE
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04 W. MITH, City Clerk
APPROVED AS TO FORM:
,46&ACIO RAMIREZ, $N, City Attorney
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