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Res 110-2002 11/5/2002RESOLUTION NO. 1 kO-a00a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SETTLE A CLAIM WITH TXU ELECTRIC COMPANY, ET AL, FOR THE PAYMENT OF FRANCHISE FEES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, a lawsuit was filed styled City of Denton, Texas, et al, v. Texas Electric Company, et al, involving the claims by 37 cities for the underpayment of franchise fees; and WHEREAS, by agreement authorized by Resolution 57 -2001, dated May 15, 2001, TXU Electric and Gas Company agreed to compensate the City in a manner similar to the plaintiffs in the lawsuit; and WHEREAS, the City of Denton, Texas, et al, v. Texas Electric Company, et al suit has now been settled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager be and is hereby authorized to settle the City's claim pursuant to the agreement between the City and TXU for the sum of $241,567.04. The City Manager is authorized to execute the necessary compromise settlement and release documents, as approved to form by the City Attorney. SECTION 2. 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 5th day of November, 2002. ATTEST: City Clerk