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Resolution No. 2000-08
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS
SUPPORTING LITIGATION INVOLVING UTILITY FRANCHISE FEES
WHEREAS, the Cities of Wllarton, Galveston and Pasadena have prevailed in a verdict
in tl1e class action suit styled Cities of Wharton) et al v. HL&P, et al; atld
WHEREAS, tIle City of West University Place has reluained an UlU1aJ.ned class melnber
in tIle above referen,ced class action suit and l1as kept itself illformed about this class action Sllit;
and
WHEREAS, the City of West University Place continues to support and is illterested in
the adjudication of its similar claims against the defendants in the above referenced suit in the
exercise of OUT duty as good stewards over the public treasury; aIld
WHEREAS, the City of West University Place's individual damage claillls still remain
open for resolution in the above referenced litigation, and we wish to obtain a determil1ation of
the 8lll0l1l1tS that are due and owing to our City; and
WHEREAS, the City of West University Place continues to sllpport th,e efforts to recover
tile amounts owed to our City, if any, and desire our claims to be resolved in this case; and
WHEREAS, the City of West University Place has beell infolTIled tllat there are efforts
being undertal<en to attempt to decertify and/or prevent the resolution of our City's claims in the
above referenced litigation which efforts we oppose.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The City supports the above referenced litigatioll and, its efforts to recover
amounts tllat may be due 8l1d owing to us by tile defendal1ts. We hereby autllorize the attorneys
representing tIle Cities in the above referenced case to file all necessary and appropriate
pleadillgs and motions on our behalf to insure the reasonable resolution of our City's damage
claims against the defendants, including, but not limited to, the filing of petitiol1S in intervel1tion
ill tile case to protect our City's interests (provided that the City Attorney must approve tIle - ._.
counsel representing the City and also whether, and. when, to il1tervene).
SeetiO!12. All resolutions and parts of resolutiollS in conflict l1erewitll are l1ereby
repealed to the extent of the conflicts only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of
this resolutiol1 or tIle application thereof to any person or circumstance, s11al1 ever be l1eld to be
invalid or unconstitlltiol1al by any court of COlnpetent jtrrisdiction, tIle remainder of t11is
resolution and the applicatiol1 of such word, pl1Yase, clause, sentence, paragraph, sectiol1 or otller
part of this resolutiol1 to any other persons or circunlstallces sIlall not be affected tllereby.
Section 5. The City Council officially finds, determil1es and declares tllat a sufficiel1t
writtel1 notice of the date, hour, place and subject of eacll meetillg at Wllicll tllis resolutiol1 was
discussed, considered or acted upon was given in the malUler reqllired by tIle Texas Open
Meetings Act, as amended, and that each such Ineeting l1as been open to tIle pllbIic as reqllired by
law at all times during such discussion, consideratiol1 and action. TIle City COlll1Cil ratifies,
approves and COnfirlTIS stIch notices atld tIle COl1tents and posting thereof.
PASSED AND ADOPTED this 12th day of Jl111e , 2000.
ATTEST:
~~.~
. J,,-
L1 da Lewis
Mayor
(SEAL )