HomeMy WebLinkAboutR-2000-10
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RESOLUTION NO. 2000-~
A RESOLUTION SUPPORTING LITIGATION INVOLVING UTILITY FRANCHISE
FEES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
WHEREAS, the Cities of Wharton, Galveston, and Pasadena have
prevailed in a verdict in the class action suit styled Cities of
Wharton, et aI, v. Houston Lighting & Power Company, et al; and
WHEREAS, the City of La Porte 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 of La Porte 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 a good steward over the public'treasury; and
WHEREAS, the City of La Porte's individual damage claims still
remain open for resolution in the above referenced litigation, and
the City of La Porte wishes to obtain a determination of the
amounts that are due and owing to the City of La Porte; and
WHEREAS, the City of La Porte continues to support the efforts
to recover the amounts owed to the City, if any, and desires its
claims to be resolved in this case; and
WHEREAS, the city of La Porte has been informed that there are
efforts being undertaken to attempt to decertify and/or prevent the
resolution of the claims of the City of La Porte in the above
referenced litigation which efforts the city of La Porte opposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1.
That the City council of the City of La Porte
supports the above referenced litigation and its efforts to recover
amounts that may be due and owing to the City of La Porte by the
defendants.
We hereby authorize the attorneys representing the
Cities in the above reference case to file all necessary and
appropriate pleadings and motions on behalf of the City of La Porte
to insure the reasonable resolution of the damage claims of the
City of La Porte against the defendants, including, but not limited
to, the filing of petitions in intervention in the case to protect
the interests of the City of La Porte.
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Section 2. The, City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 22nd day of May, 2000.
~OF LA PORTE ~
By: _~~
~ rman L. a on
Mayor
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MILO. )i.lWlJ
Mart a A. Gillett
City Secretary
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN ~ ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIF'IED a CIVIL TRIAL LAW
TEXAS, BOARD OF LEGAL SPECIALIZATION
CLARK T. ASKINS
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
May 16, 2000
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: No. 96-016613; City of Wharton, et al v. Houston Lighting &
Power Company, et al; 269th Judicial District Court, Harris
County,. Texas.
Dear Martha:
I enclose copy of letter from Mr. Benjamin L. Hall, III, attorney
with O'Quinn & Laminack, requesting passage of the attached
resolution.
Please place this resolution on the City Council agenda of May 22,
2000.
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. Benjamin L. Hall, III
O'Quinn & Laminack
2300 Lyric Centre Building
440 Louisiana
Houston, TX 77002