Title
Resolution - Approval of Authorization for Initiation, Settlement, or Disposition of Litigation Matter(s) - A Stover
Other Info
Submitted By: Andrea Stover/Michael Butler
Department: General Counsel
Financial Impact and Cost/Benefit Considerations: As discussed in Executive Session.
Discussion
Pedernales Electric Cooperative, Inc. (the “Cooperative”) may consider authorization to initiate litigation with respect to the results of a sales tax audit for the Cooperative for years 2018 to 2021 conducted by the Texas Comptroller’s Office on the terms as discussed in Executive Session and permit the Chief Executive Officer, or designees, to make such determinations as may be necessary with respect to such litigation.
Further, the Cooperative may consider authorization to settle any litigation on these matters on the terms discussed in Executive Session and permit the Chief Executive Officer, or designees, to negotiate any other terms as may be necessary with respect to such litigation.
Body
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Cooperative file litigation in Travis County with respect to sales taxes to be collected and remitted by the Cooperative to the Texas Comptroller on the terms discussed in Executive Session, and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Cooperative is authorized to settle any such sales tax litigation in Travis County that involves the Cooperative on the terms discussed in Executive Session, and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Chief Executive Officer, or designees, are hereby authorized to make such determinations as necessary with respect to the litigation and any settlement, and execute, acknowledge and deliver any such documents, and otherwise take any actions as needed to implement this resolution.