Title
Resolution - Approval of Authorization for Settlement of Litigation Matter(s)
Other Info
Submitted By: Don Ballard
Department: General Counsel
Financial Impact and Cost/Benefit Considerations: As discussed in Executive Session.
Discussion
In August 2021 the Board authorized Pedernales Electric Cooperative, Inc. (the “Cooperative”) to seek judicial review with respect to its personal property taxes in certain Counties (PEC Board Resolution 2021-329). PEC filed suit in September 2021, against Blanco County Appraisal District, Comal County Appraisal District, Gillespie County Appraisal District, Menard County Appraisal District, Llano County Appraisal District and Edwards County Appraisal District with respect to its personal property tax valuations. The Cooperative may consider settlement of these litigation matters on the terms discussed this day in Executive Session and permit the Chief Executive Officer or designees to negotiate any other terms as may be necessary.
Body
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Cooperative is authorized to settle certain personal property tax litigation that involves the Cooperative on the terms discussed this day in Executive Session, and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that all actions taken prior to the effective date by the officers and duly authorized agents of the Cooperative in connection with the subject of the foregoing litigation, be ratified, confirmed, and approved, and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Chief Executive Officer, or designees, are authorized to negotiate any other terms as necessary for disposition of the litigation and execute, acknowledge and deliver any such documents, and otherwise take any actions as needed to implement this resolution.