HomeMy WebLinkAboutResolution - 2019-R0461 - LP&L Settlement Agreement - 12/17/2019 Resolution No. 2019-RO461
Item No. 6.6
December 17, 2019
RESOLUTION
WHEREAS, on July 23, 2019, vehicle collisions involving a truck owned
by the City of Lubbock,and operated by an employee of LP&L(herein so called),
the City of Lubbock's municipally owned electric utility, occurred at
approximately 5000 West Loop 289 (the "Collision');
WHEREAS, the Collision resulted in multiple personal injuries, including
a fatality, as well as property damage;
WHEREAS, multiple Claims (herein so called) have been filed against the
City of Lubbock related to the Collision;
WHEREAS, the City of Lubbock denies liability related to the Claims;
WHEREAS; the City Council desires to authorize and direct the Mayor of
the City of Lubbock, or in his absence,the Mayor Pro Tem, to resolve, settle and
compromise all Claims related to the Collision, upon the terms and conditions
stated below; NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, or in his absence,the Mayor Pro
Tem, is authorized and directed to execute an Agreement (herein so called), for
and on behalf of the City Council of the City of Lubbock, resolving, settling and
compromising all Claims, upon the following terms and conditions:
1. The Agreement fully and completely resolves all Claims and releases the City
of Lubbock from any further liabilities related to the Collision.
2. The Agreement provides for compensation to all claimants, known or
unknown, under the Claims within the self-insured retention and coverage
limits of the liability policies of the City of Lubbock.
3. The Agreement is in content approved by the City Manager of the City of
Lubbock, Risk Management of the City of Lubbock, and the Director of
Electric Utilities of LP&L.
4. The Agreement is in form approved by the City Attorney of the City of
Lubbock, the General Counsel of LP&L and outside counsel of the City of
Lubbock.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the authorization and direction provided herein shall expire and
become null and void if the tei7ns and conditions prescribed herein shall not have
occurred prior to the earlier to occur of(i) June 30, 2020, or(ii)the date of repeal
and termination of this resolution by official action of the City Council.
Passed by the City Council this 17th day of December, 2019.
DANIEL M. POPE, MAYOR
ATTEST:
Bec y Garza, City Se ret ry
APPROVED AS TO CONTENT:
Jarrett Xtkinson, City Manager
APPROVED AS TO FORM:
Chad Weaver, City Attorney