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05-L TXU Settlement
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05-L TXU Settlement
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Last modified
9/12/2012 9:31:39 AM
Creation date
8/9/2002 8:18:08 PM
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AGENDA
Item Number
6-L
AGENDA - Type
RESOLUTION
Description
Compromise, Settlement, and Release Agreement - Denton, et al v. TXU, et al
AGENDA - Date
8/12/2002
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RESOLUTION NO. 2000- 140 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, <br />PARIS, TEXAS, AUTHORIZING THE PARTICIPATION OF THE CITY OF <br />PARLS, PARIS, TEXAS, IN THAT CAUSE OF ACT'ION STYLED THE CITY <br />OF DENTON. TEXAS VS. TEXAS UTII.ITIES COMPANY AND LONE <br />STAR GAS COMPANY, OR SUCH OTHER CAUSES OF ACTION AS THE <br />"STEERING COMMITTEE OF CITIES PARTICIPATING IN THE TXU <br />FRANCHISE LiTIGATION" MAY DETERMINE, SEEKING DELINQUENT <br />FRANCHISE FEES FROM TXU, LONE STAR GAS, AND OTAER <br />ENTITIES ASSOCIATED WITH TXU; AUTHORIZING THE <br />EXPENDITURE OF FUNDS FOR ATTORNEY AND EXPERT WITNESS <br />FEES; AND PROVIDING AN EFFECTIVE DATE. <br />WHEREAS, on March 30, 2000, the 269th District Court awarded actual damages to the <br />Cities of Wharton, Galveston, and Pasadena of $42 million and on Apri14, 2000, punitive damages <br />of $30 million against Houston Lighting .@ Power Co. (HI.&P) for underpaying franchise fees by <br />excluding revenues from the gross receipts upon which such fees are derived; and, <br />WHEREAS, on December 12, 1999, an sudit on behalf of the City of Denton estimated <br />TXU Electric and Lone Star Gas owed delinquent franchise fees in excess of $1,000,000 based on <br />findings that revenues similar to those at issue in the HL&P case were excluded from the calculation <br />of gross receipts/revenues; and, <br />WHEREAS, the law fircns of Strasburger & Price, L.L.P. and Bucek & Frank, L.L.P. have <br />filed suit against TXU and Lone Star Gas on behalf of the City of Denton in the 393rd District Court <br />in Denton County for delinquent franchise fees; and, <br />WHEREAS, a consolidated action by cities in the TXiJ service area seeking delinquent <br />franchise fees will reduce duplication of effort and the attendant legal, expert, and court costs; NOW, <br />TFIEREFORE, <br />BE TT RESOLVED BY THE CITY COUNCIL OF TAE CITY OF PAR[S, PARIS, <br />TEXAS: <br />Section 1. That the findings set out in the preamble to this resolUtion are hereby in all things <br />approved. <br />Section 2. That the City of Paris, Paris, Texas, agrees to participate with other similarly <br />situated Texas cities in the TU/Lone Star Gas system and join the City of Denton in pursuing causes <br />of action against Texas Utilities Company, Lone Star Gas Company, and other entities associated <br />with TXCT to collect delinquent franchise fees. <br />Section 3. That the City of Paris, Paris, Texas, agrees to contribute $1.00 for each individual <br />residing within its corporate limits based on the 1990 U. S. Census (except for such portion of its <br />population that may not be residing within the TU/Lone Star Gas service area), to undenvrite the cost <br />
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