Res 010-2001 2/6/2001RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, WAIVING ORIGINAL JURSIDICTION OVER THE
COMPLAINT OF TXDOT AGAINST TXU ELECTRIC COMPANY,
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, on the 26th day of January, 2001, the Texas Department of
Transportation filed a complaint with the City of Wichita Falls against TXU Electric,
complaining of alleged overcharges by TXU for electric service related to photocell -
controlled lighting accounts within the City; and
WHEREAS, the City of Wichita Falls has original jurisdiction over this complaint,
with appellate jurisdiction residing in the Public Utility Commission; and
WHEREAS, TxDOT has filed similar complaints with 56 other municipalities and
has requested that the cities waive original jurisdiction in order that the complaint may
be taken up directly before the Public Utility Commission of Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
SECTION 1. That all of the above preambles and recitals are found to be true
and correct and are hereby made a part of this resolution.
SECTION 2. That the City of Wichita Falls hereby waives original jurisdiction
over the complaint filed by the Texas Department of Transportation against TXU
Electric, a copy of which is attached hereto, in order that such complaint may be taken
up directly before the Public Utility Commission of Texas.
SECTION 3. That it is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 6th day of February 2001.
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MAYOR
ATTF ST•
RECEIVED IN
y CFTY CLERK'S OFFICE
Date
By Time �I S
Complaint of Texas Department of § Before the Mayor
Transportation Against TXU Electric § and City Council of
Company § Wichita Falls
TXU ELECTRIC'S ORIGINAL ANSWER
HONORABLE MAYOR AND COUNCIL MEMBERS:
COMES NOW TXU Electric and files this its Original Answer to the Complaint
filed by the Texas Department of Transportation ( "TxDOT ") dated January 23, 2001,
and would respectfully answer as follows:
I.
TXU Electric hereby denies each and every allegation and claim for relief set
forth by TxDOT in its Complaint.
II.
The Complaint brought by TxDOT is one of 57 similar complaints filed in various
municipalities throughout TXU Electric's service area. In its Complaint, TxDOT states
that: "the most sensible use of the City Council's and all parties time and resources
would be for City Council to simply issue a statement that it will not consider the
complaint." The Company agrees, and would join with TxDOT in urging that the city
issue a statement that it will not consider the complaint. This will allow the complaint to
be readily appealed by TxDOT to the Public Utility Commission of Texas where,
ultimately, all 57 of these complaints will be appealed to, heard, and decided. To the
extent the City desires to take some other action, then TXU Electric hereby requests
that TxDOT's Complaint be denied in its entirety.
WHEREFORE, TXU Electric prays that the City issue a statement that they will
not consider TxDOT's Complaint or, in the alternative, deny the Complaint in its entirety.
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Respectfully'submitted,
WORSHAM'. FORSYTHE WOOLDRIDGE LLP
Howard V,-Fisher
State Bar No. 07051500
1601 Bryan Street, Suite 3000
Dallas, Texas 75201
(214)979 -3000
By: `
Howard V. Fisher
ATTORNEYS FOR TXU ELECTRIC
COMPANY
CERTIFICATE OF SERVICE
It is hereby certified that a copy of the foregoing was delivered to the Office of the
Attorney General, Consumer Protection Division, by first class United States mail,
postage prepaid, on this the IL—day of February, 2001.
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