HomeMy WebLinkAboutResolution - 2023-R0109 - Filing of Lawsuit against Elk City Wind II - Purchase Power Agreement with LP&LResolution No. 2023-R0109
Item No. 5.22
February 28, 2023
RESOLUTION
WHEREAS, Lubbock Power & Light is the municipally owned electric
utility of the City of Lubbock ("LP&L");
WHEREAS, LP&L desires to file a lawsuit by the City of Lubbock against
Elk City Wind II, LLC in the Western District of Oklahoma, regarding that certain
Purchase Power Agreement between the parties; NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT Lynn Pinker Hurst & Schwegmann, LLP, LP&L's outside counsel,
is hereby authorized to file a lawsuit by the City of Lubbock against Elk City
Wind II, LLC in the Western District of Oklahoma, regarding that certain
Purchase Power Agreement between the parties, and is further authorized to file
any related documents.
Passed by the City Council this 28th day of February, 2023.
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Tray Payne, ayor
ATTEST:
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Becky Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
1�nj Smi P&L General Counsel
RESOLUTION
WHEREAS, Lubbock Power & Light is the municipally owned electric
utility of the City of Lubbock ("LP&L");
WHEREAS, LP&L desires to file a lawsuit by the City of Lubbock against
Elk City Wind II, LLC in the Western District of Oklahoma, regarding that certain
Purchase Power Agreement between the parties; NOW, THEREFORE:
BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF
LUBBOCK:
THAT Lynn Pinker Hurst & Schwegmann, LLP, LP&L's outside counsel,
is hereby authorized to file a lawsuit by the City of Lubbock against Elk City
Wind II, LLC in the Western District of Oklahoma, regarding that certain
Purchase Power Agreement between the parties, and is further authorized to file
any related documents.
BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF
THE CITY OF LUBBOCK:
THAT the Electric Utility Board hereby recommends to the City Council of
the City of Lubbock that it likewise approve a resolution authorizing the lawsuit
described herein.
BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF
THE CITY OF LUBBOCK:
THAT this resolution shall be null and void if the City Council of the City
of Lubbock does not approve the filing of the aforementioned lawsuit within
thirty (30) days of this resolution.
Passed by the Electric Utility Board this 21st day of February, 2023.
n Stafford, Chairpy
ATTEST:
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..Schulz, Board Secretary
APPROVED AS TO CONTENT:
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Joel I Direc r of -Er Utilities
APPROVED AS TO FORM:
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Jenn P&L General Counsel