HomeMy WebLinkAbout04/28/2003 - Special Minutes City CouncilMayor
City Council
Ron Silvia
John Happ
Mayor Pro Tempore
Winnie Garner
James Massey
Scott Mears
City Manager
Dennis Maloney
Thomas E. Brymer
Anne Hazen
Col[ege Station, Embracing the Past,
Exploring the Future
MINUTES
College Station City Council
Special Meeting
Monday, Apri128, 2003 at 7:00 p.m.
College Station City Hall, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Massey, Council
members Mears, Hazen, Maloney, Garner
COUNCIL MEMBER ABSENT: Happ
Mayor Silvia called the special meeting to order at 7:00 p.m. He announced that the City
Council would convene into executive session pursuant to Section 551.071 of the Open Meetings
Act to seek the advice of the City Attorney.
Consultation with Attornev {Gov't Code Section 551.0711; possible action
The City Council may seek advice from its attorney regarding a pending and contemplated
litigation subject or settlement offer or attorney-client privileged information. Litigation is an
ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs
to be discussed with the City Council. Upon occasion the City Council may need information
from its attorney as to the status of a pending or contemplated litigation subject or settlement
offer or attorney-client privileged information. After executive session discussion, any final
action or vote taken will be in public. The following subject(s) may be discussed:
The City Council may consider pending and contemplated litigation subjects. The following
subjects may be discussed:
1. Cause No. 43,098-85, Brazos County - Bryan v. College Station
2. Cause No. 96-03168, Travis County - Bryan, et al. v. PUC (intervention)
3. Cause No. 97-02587, Travis County - Bryan, et al. v. PUC (intervention)
4. Cause No. 98-13391, Travis County - Bryan, et al. v. PUC (intervention)
5. Cause No. 96-06940, Travis County - Bryan, et al. v. PUC (intervention)
6. Cause No. 97-07000, Travis County - TMPA v. PUC (intervention)
7. Cause No. 98-11817, Travis County - TMPA v. PUC (intervention)
8. Cause No. 98-11815, Travis County - Texas-New Mexico Power Co. v. PUC (intervention)
Providing Customer Service Exce[lence
Office of the City Secretary
College Station, Texas
Special Meeting 4/28/2003
9. Cause No. 97-12392, Travis County - Central Power & Light Co. v. PUC (intervention)
10. Cause No. 97-12405, Travis County - Bryan v. PUC (intervention)
11. Cause No. 97-12401, Travis County - TMPA v. PUC (intervention)
12. Cause No. 97-12402, Travis County - San Antonio v. PUC (intervention)
13. Cause No. 97-10792, Travis County - TMPA v. PUC (intervention)
14. Cause No. GN002343, Travis County - San Antonio v. PUC (intervention)
15. Cause No. GN002513, Travis County - San Antonio v. PUC (intervention)
16. Cause No. GN000152, Travis County - TMPA v. PUC (intervention)
17. Cause No. GN200090; Travis County - Reliant Energy v. Big Country Electric Coop, et al.
18. Cause No. GN200100, Travis County - San Antonio, etc. v. Brazos Electric Power Coop, et al.
19. Cause No. GN200685, Travis County - TMPA v. PUC and City of Bryan (intervention)
20. Cause No. GN300714, Travis County - TMPA v. PUC and City of Bryan (intervention)
21. Case No. 03-02-00462-CV, Court of Appeals -TMPA v. PUC (continued intervention)
22. Case No. 03-02-00701-CV, Court of Appeals - TMPA v. PUC (continued intervention)
23. Docket Nos. TX96-2-000, TX96-2-001, TX96-2-002, TX96-2-003, TX96-2-004, TX96-2-005,
TX96-2-006, TX96-2-007, FERC - College Station, applicant
24. Docket No. 25197, Public Utility Commission - College Station request to set rates.
25. Docket No. 25395, Public Utility Commission - College Station (intervention)
26. Docket No. 26950, Public Utility Commission - College Station (intervention)
27. PUC Project No. 25937 - PUC investigation into possible manipulation of ERCOT market
(respondent)
28. PUC Project No. 21927 - College Station request to maintain current certification
29. PUC Project No. 25591 - 2001 electric utility earnings reports (respondent)
Council returned to the council chambers at 7:33 p.m.
City Attorney Cargill explained that the staff recommended the city council consider an offer to
settle litigation cases with the Texas Municipal Power Agency TMPA in the amount of $6.5
million. Mr. Cargill commended the staff and outside attorneys for their hard work on this
ongoing case. He also commended the council for their energy dedicated to this complicated
issue to ensure the citizens of College Station's interests were protected.
Council member Garner made a motion to offer the Texas Municipal Power Agency $6.5 million
to settle the litigation between the City and TMPA. Motion seconded by Council member
Hazen. Motion carried unanimously, 6-0.
Council members conveyed remarks about the final resolution of this litigation.
Council member Maloney made a motion to adjourn the meeting at 7:45 p.m. Motion seconded
by Mayor Pro Tem Massey, which carried unanimously, 6-0.
PASSED AND APPROVED this 22"d day of Mav, 2003.
A EST: APPROVED:
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City Secretary Connie Hooks May n Silvia
Providing Customer Service Excellence
OjFice of the City Secretary
College Station, Texas