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    6. 27.    
Regular City Council Meeting
Meeting Date: 09/10/2019  

Information
Agenda Item
Resolution - Lubbock Power & Light: Consider a resolution revoking City Council Resolution No. 2017-R0333; approving the form of Mutual Aid Agreements; and further authorizing the Mayor of the City of Lubbock and the Director of Electric Utilities, or his designee, to execute Mutual Aid Agreements on behalf of the City of Lubbock, acting by and through Lubbock Power & Light, with Requesting Parties, as defined in the form Mutual Aid Agreement, attached to the resolution.
Item Summary
In the summer of 2017, the City of Lubbock, acting by and through Lubbock Power & Light (“LP&L”), was approached by the American Public Power Association regarding the potential provision of aid to other municipal electric utilities related to damage anticipated to be caused by Hurricane Irma.  At that time, the City Council and EUB approved resolutions to authorize Mutual Aid Agreements on the form provided by the American Public Power Association.  Specifically, the City Council acted on September 14, 2017, through Resolution No. 2017-R0333, and the EUB acted on September 19, 2017, through Resolution No. 2017-R0064.
 
Subsequent to approving the form of mutual aid agreement and authorizing its execution, no mutual aid was requested of LP&L after Hurricane Irma.  Furthermore, the previously authorized mutual aid form has not been executed between LP&L and any other third party, so there are currently no obligations for LP&L to provide mutual aid.
 
Earlier this summer, the Brownsville Public Utilities Board requested a Mutual Aid Agreement in anticipation of hurricane season.  The Mutual Aid Agreement was sought on a form different from that previously approved by the City Council and the EUB. 
 
Counsel for LP&L has reviewed the form and made necessary changes so that the form can be universally applicable should other entities request mutual aid from LP&L. 
 
The new proposed Mutual Aid Agreement would be triggered when the party seeking assistance (the “Requesting Party”) has electric system damages or outages due to adverse weather events or a natural disaster.  The Requesting Party would seek assistance in writing from the party providing assistance (the “Providing Party”).  The Providing Party would have discretion to provide aid, and would be able to withdraw from the Requesting Party’s service area at any time.  When providing assistance, the Providing Party would be entitled to reimbursement for all costs, including labor, equipment, materials, transportation, meals, lodging, and other expenses.  Either party could terminate the agreement at any time.  Overall, the agreement encourages the Providing Party to provide assistance when feasible in the event of a natural disaster, and be reimbursed for the costs in doing so.  The new proposed form provides further detail and specificity to govern the relationship between parties where mutual aid is requested.
Fiscal Impact
The fiscal impact is unknown.  At this time, the Brownsville Public Utilities Board is the only entity seeking a Mutual Aid Agreement from LP&L.  Pursuant to the terms of the form Agreement, LP&L would be reimbursed for any costs incurred by providing assistance under the Agreement.

Staff recommends that the City Council revoke City Council Resolution No. 2017-R0333, approve the form of Mutual Aid Agreement, and authorize the Mayor of the City of Lubbock and the Director or Electric Utilities, or his designee, to execute Mutual Aid Agreements with Requesting Parties on behalf of the City of Lubbock acting by and through Lubbock Power & Light.
Staff/Board Recommending

David McCalla, Director of Electric Utilities
Electric Utility Board


Attachments
CC Resolution with Agreement
EUB Resolution with Contract

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