05-L TXU Settlement - Laserfiche WebLink

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3. PAYMENTS TO THE CITY ~ Upon execution and delivery of a fully executed and notarized original of this Agreement and conditioned upon the dismissal of the Litigation with prejudice as provided by Paragraph 5: A. TXiJ Gas agrees to pay to the City by payment to its attomeys, Strasburger & Price, the sum of $93,208.00 the same being City's share of an aggregate sum of exactly $2,000,000.00 which TXU Gas agreed to pay to the Plaintiffs in the Litigation, which $2,000,000.00 amount is calculated by multiplying the general business revenues received by TXU Gas in the calendar year 2000 in the City in which TXLJ Gas did business in the aggregate amount of $165,591,132.80 by a factor equal to 0.0120779414. The City acknowledges that TXU Gas has the right to and shalt recover the portion of the $2,000,000.00 amount actually paid to the Plaintiffs in connection with the settlement of the Litigation from its ratepayers pursuant to the tax adjustment clause applicable to TXLT Gas, by applying a surchazge to the monthly bills rendered to its ratepayers, provided that the recovery of such surcharge shall be limited as follows: (1) the surcharge shall be amortized over a period not less than three years, and (2) the accrual balance will not be subject to interest. TXU Gas agrees that the franchise fee paid to the City and recovered from ratepayers under this Agreement will not include any amounts collected in the past from ratepayers. B. TXU Electric agrees to pay or cause Oncor to pay the City, by payment to its attorneys, Strasburger & Price, the sum of $36,668.00 the same being City's shaze of an aggregate sum of exactly $1,000,000.00 which TXLJ Electric agreed to pay to the Plaintiffs in settlement of the Litigation, which $1,000,000.00 is calculated by multiplying the general business revenues received by TXiJ Electric in the calendar MMPROMISE SETTLEMENTANDRELEASEAGREEMENT-Paee4