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
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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
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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