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ORD 2000-23TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2000-23 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE PARTICIPATION OF THE TOWN OF TROPHY CLUB, TEXAS IN THE CAUSE OF ACTION STYLED THE CITY OF DENTON, TEXAS VS. TEXAS UTILITIES COMPANY AND LONE STAR GAS COMPANY OR SUCH OTHER CAUSES OF ACTION AS THE "STEERING COMMITTEE OF CITIES PARTICIPATING IN THE TXU FRANCHISE LITIGATION" MAY DETERMINE SEEKING DELINQUENT FRANCHISE FEES FROM TXU, LONE STAR GAS AND OTHER ENTITIES ASSOCIATED WITH TXU; AUTHORIZING THE EXPENDITURE OF FUNDS FOR ATTORNEY AND EXPERT WITNESS FEES; PROVIDING FOR THE DESIGNATION AND AUTHORIZATION OF A PRIMARY CONTACT OR LIAISON FOR THE STEERING COMMITTEE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 30, 2000 the 269`1' District Court awarded actual damages to the Cities of Wharton, Galveston and Pasadena of $3.4 million, and on April 4, 2000, punitive damages of $30 million against Houston Lighting & Power Co. (HL&P) for underpaying franchise fees by excluding revenues from the gross receipts upon which such fees are derived; and WHEREAS, on December 12, 1999 an audit on behalf of the City of Denton estimated TXU Electric and Lone Star Gas owed delinquent franchise fees in excess of $1,000,000 based on findings that revenues similar to those at issue in the HL&P case were excluded from the calculation of gross receipts/revenues; and WHEREAS, the law firms of Strasburger & Price, L.L.P. and Bucek & Frank, L.L.P. have filed suit against TXU and Lone Star Gas on behalf of the City of Denton in the 393rd District Court in Denton County for delinquent franchise fees; and WHEREAS, a consolidated action by cities in the TXU service area seeking delinquent franchise fees will reduce duplication of effort and the attendant legal, expert and court cost. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION I. AUTHORIZATION That the Town of Trophy Club, Texas, is authorized and hereby agrees to participate with other similarly situated Texas cities in the TU/LONE STAR GAS system and join the City of Denton in pursuing causes of action against Texas Utilities Company, Lone Star Gas Company and other entities associated with TXU to collect delinquent franchise fees. QATOWNSGCTending OrdinanceOxu del franchI00300.rtf SECTION 2. EXPENDITURE OF FUNDS That the Town of Trophy Club, Texas, agrees to contribute $.50 for each individual residing within its corporate limits based on the 1990 U.S. Census (except for such portion of its population that may not be residing within the TU/Lone Star Gas service area) or $2,000, whichever is more, to underwrite the cost of legal and expert witness fees and related costs to be expended on behalf of the cities in this matter, $.25 [or $1,000 if applicable] being due on or before October 31, 2000, and the other $.25 [or $1000], if assessed, being due and payable on the date the Steering Cominittee of Cities Participating in the TXU Franchise Litigation authorizes such assessment. SECTION 3. DESIGNATION AND AUTHORIZATION That Paul Rosenberger, Assistant to Town Manager/MUD Manager (Donna Welsh as second contact person), or his designee shall be the Town's primary contact and liaison in this matter and such individual shall be eligible to serve on the "Steering Committee of Cities Participating in the TXU Franchise Litigation" if he/she is elected by the cities participating in this litigation and is authorized to take those steps reasonable and necessary to comply with the intent of this Ordinance. Notices to the Town should be addressed as follows: Name/Tithe: Paul Rosenberger Town/Address: 100 Municitnal Drive, Trophy Club. Texas 76262 Telephone: 817/430-1911 Fax: 817/430-9312 E-mail: proseiiberger@tropi-iycltib.org SECTION 4. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5, ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the Caption Clause and Effective Date Clause in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. Q:V1'0WNSFC1Pendmg Ordinancesltxu del franch100300.rtf SECTION G. EFFECTIVE DATE This Ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 26th day of October, 2000. G Marshall Engelbeelc, Mayor Town of Trophy Club, Texas ATTEST: 1 �-' I,, �':C'zz Dian Coci, ,Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: 7 Q tA i CC,) Town Attorney Q;VFOWNSI" \Pending Ordimmnceslfxu del lhimb I00301rif