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1999R17- AUTHORIZING AND DIRECTING THE APPROPRIATE CITY OFFICIALS RESOLUTION NO. ff-/C -/1 A RESOLUTION AUTHORIZING AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE CERTAIN ACTION TO PROTECT THE SPECIAL INTEREST OF THE CITY OF SCHERTZ IN CERTAIN LmGATION; MAKING FINDINGS AND PROVIDING PARTICIPATION WHEREAS, a class action involving gas companies and entities is now pending in a lawsuit styled City of San Benito. et aI. vs. PG&E Gas Transmission. Texas Corooration. flk/a VALERO ENERGY CORP. et aI., filed in the 1 07th Judicial District Court of Cameron County, Texas (the "City of San Benito lawsuit''); and and WHEREAS, the City of Schertz wishes to continue to participate in the City of San Benito lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF SCHERTZ, TEXAS: SECTION 1: The City Council fmds that the above findings are true and correct and adopts same. SECTION 2: The City Council, after having the full opportunity to review and/or having been fully informed of the terms of the release and settlement agreement and release and proposed ordinance, hereby accepts and approves the settlement agreement and release negotiated by class counsel in the above lawsuit. Furthermore, the City Council of the City of Schertz hereby accepts and approves the general form of the Ordinance negotiated by class counsel in the litigation, such acceptances and approvals to be complete upon final approval of the class settlement by the judge in the City of San Benito lawsuit. SECTION 3: If any section, paragraph, clause or provision of this Resolution shall be for any reason held to be invalid or unenforceable, the invalidity or unenforceablity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. SECTION 4: The Resolution was considered and passed by the governing body of the City of Schertz in an open meeting in accordance with the Texas Open Meetings Act. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS on this the 16th day of November, 1999. CITY O. F ~~TZ, TEXAS @~ MAYOR ~, ~. ATTEST: ~~~ CITY SECRETARY 594114.3 FULBRIGHT & JAWORSKI L.L.P. TELEPHONE: 210/224-5575 FACSIMILE: 210/270-7205 A REGISTERED LIMITED LIABILITY PARTNERSHIP 300 CONVENT STREET. Su ITE 2200 SAN ANTONIO. TEXAS 78205 HOUSTON WASHINGTON. D.C. AUSTI N SAN ANTONIO DALLAS NEW YORK LOS ANGELES LONDON HONG KONG WRITER'S INTERNET ADDRESS: mspain@fulbright.com WRITER'S DIRECT DIAL NUMBER: 210/270-7184 November 17, 1999 Re: City of San Benito, et al. v. PG&E Gas Transmission, et al. Mr. Adam Poncio Law Offices of Ramon Garcia, P.C. 222 West University Edinburg, Texas 78539 BY TELECOPY 956/381-0825 and BY FEDERAL EXPRESS Dear Mr. Poncio: At the request of Kerry Sweatt, City Manager of the City of Schertz, Texas, I enclose the Resolution and Ordinance adopted last night by the City Council of Schertz and relating to the captioned litigation. I will send you the originals by overnight delivery. Very truly y urs, ~Chae~:' Spain ---.. MLS/mjw Enclosures cc: Kerry R. Sweatt, City Manager, City of Schertz 600742.1 - 1400 SCHERTZ PARKWAY P. O. DRAWER I SCHERTZ, TEXAS 78154-0890 AC (210) 658-3510 FAX (210) 659-3204 KERRY R. SWEATT CITY MANAGER November 15, 1999 Mr. Adam Poncio Law Offices of Ramon Garcia, P.C. 222 West University Edinburg, Texas 78539 BY TELECOPY 956/381-0825 Re: City of San Benito, et al. V. PG&E Gas Transmission, et al. Mr. Poncio: I enclose the form of Resolution and Ordinance which are being presented on Tuesday evening to the Schertz City Council. Please call if you have any questions concerning the enclosures. Sincerely, KRS:db cc: Michael L. Spain, City Attorney or-c- ,'" ("., L\ b . k:,. t' ,=, ' " ,J,; T ""., -- >::,.' I ,') (. t;~~ TELEPHONE: 210/224-5575 FACSIMILE: 210/270-7205 FULBRIGHT & JAWORSKI L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP 300 CONVENT STREET, SUITE 2200 SAN ANTONIO, TEXAS 78205 HOUSTON WASHINGTON, D.C. AUSTI N SAN ANTONIO DALLAS NEW YORK LOS ANGELES LONDON HONG KONG WRITER'S INTERNET ADDRESS: mspain@fulbright.com WRITER'S DIRECT DIAL NUMBER: 210/270-7184 October 11, 1999 Re: City of San Benito Lawsuit Mr. Kerry R. Sweatt City Manager 1400 Schertz Parkway Schertz, Texas 78154 Dear Kerry: I enclose a notebook which I received from class plaintiff s counsel for the class action suit instituted by the City of San Benito and others against Rio Grande Valley Gas Company and a number of other gas transportation companies. I also have one ofthese notebooks and am reviewing it, but look first to Tab 3 and note that the settlement payment to the City of Schertz would be $30,217.32 if we take reasonably prompt action to accept the settlement. MLS/mjw Enclosure 594057.1 TELEPHONE: 210/224-5575 FACSIMILE: 210/270-7205 Fu LBRIGHT & JAWORSKI L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP 300 CONVENT STREET, SUITE 2200 SAN ANTONIO, TEXAS 78205 HOUSTON WASHINGTON, D.C. AUSTI N SAN ANTONIO DALLAS NEW YORK LOS ANGELES LONDON HONG KONG WRITER'S INTERNET ADDRESS: wkuhn@fulbright.com WRITER'S DIRECT DIAL NUMBER: 210/270-7131 November 15, 1999 Re: Schertz/Seguin Local Government Corporation Mr. Kerry Sweatt City Manager City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 BY HAND DELIVERY Dear Kerry: I enclose six (6) copies of each of the following documents pertaining to the captioned matter: 1. Resolution; and 2. Certificate of Secretary. Please return five (5) properly executed and sealed copies of each ofthese documents to me at your earliest convenience. The remaining copy should be retained for the Corporation's files. Thank you, in advance, for your prompt attention to this matter. If I can provide any additional assistance concerning this matter, please do not hesitate to contact me. Very truly yours, 9# fLi,j t;"g W. Jeffrey Kuhn WJK/tmg Enclosures 600267.1 Mr. Kerry Sweatt November 15, 1999 Page 2 cc: Mr. Floyd R. Westerman Southwest Securities, Inc. 711 Navarro, Suite 490 San Antonio, Texas 78205 BY HAND DELIVERY Mr. Duane L. Westerman Southwest Securities, Inc. 711 Navarro, Suite 490 San Antonio, Texas 78205 BY HAND DELIVERY Mr. Mark McLiney Southwest Securities, Inc. 711 Navarro, Suite 490 San Antonio, Texas 78205 BY HAND DELIVERY Mr. Michael L. Spain (Firm) Mr. Juan F. Aguilera (Firm) Ms. Lisa G. Adelman (Firm) 600267.1