2002-343ORDINANCE NO. 2002- 5112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL
OF A SETTLEMENT OFFER AUTHORIZING THE CITY MANAGER, OR HIS DELEGATE,
THE AUTHORITY TO EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS
NECESSARY TO EFFECT AND COMPLETE THE SETTLEMENT AND DISMISSAL OF
TWO LAWSUITS NOW PENDING BEFORE THE 353RD JUDICIAL DISTRICT COURT IN
AND FOR TRAVIS COUNTY, TEXAS STYLED: GN#200090 RELIANT ENERGY, INC. VS.
BIG COUNTRY ELECTRIC COOPERATIVE, ET AL AND GN#200100 CITY OF SAN
ANTONIO VS. BRAZOS POWER COOPERATIVE, ET AL, IN WHICH LAWSUITS THE
CITY OF DENTON, TEXAS IS A PARTY DEFENDANT; AUTHORIZING SAID CITY
MANAGER TO EXPEND A SUM OF MONIES, NOT TO EXCEED $37,500 IN ORDER TO
OBTAIN SETTLEMENT AND DISMISSAL OF BOTH SAID LAWSUITS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to settle two certain pending lawsuits involving electric transmission rates and
accounting matters for the period January 1, 1997 through August 31, 1999, and obtain dismissal
thereof, wherein the City of Denton, Texas is one of many parties Defendant. The two lawsuits
are: GN#200100; City of San Antonio, Texas, et al vs. Brazos Power Cooperative and
GN#200090; Reliant Energy, Inc. vs. Big Country Electric Cooperative, et al in and for the 353 d
Judicial District Court in and for Travis County, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager, or his delegate, is hereby authorized to execute
any and all settlement documents necessary to effect and complete the settlement and dismissal
of two lawsuits wherein the City of Denton, Texas is a party Defendant, now pending before the
353'd Judicial District Court in and for Travis County, Texas, styled: GN#200090 Reliant
Energy, Inc. vs. Big County Electric Cooperative, et al and GN#200100 City of San Antonio,
Texas vs. Brazos Power Cooperative, et al
SECTION 2: That the settlement and dismissal documents regarding the two above-
referenced lawsuits shall be presented to, reviewed and approved by the City Attorney, or his
delegate, before being presented to the City Manager, or his delegate, for signature.
SECTION 3: That the expenditure of funds by the City Manager, or his delegate, in the
amount of not to exceed $37,500, to obtain the settlement and dismissal of both of the above
lawsuits, is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its passage
and approval.
1
PASSED AND APPROVED this the ` day of 6y(/ '2002.
&-k,
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
SAOur Documents\Ordinances\02\Tmvis Co Litigation-DME Settlement and Dismissal Ord 2002.doc