City Council Meeting - FINAL

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Meeting Date: 01/17/2023  
From: Stacy Saltzburg, City Clerk

Ratification of a previous City Council's instruction to City Attorney to initiate litigation against Desert Mountain Energy.
Ratify a previous City Council's instruction to the City Attorney to initiate litigation against Desert Mountain Energy based on information provided in executive session.
Executive Summary:
The Flagstaff City Council proposes to ratify prior instruction/action given by a previous City Council to the City Attorney. The City Attorney was instructed in executive session held on December 2, 2020, to initiate and prosecute litigation against Desert Mountain Energy seeking an injunction ordering Desert Mountain Energy to stop drilling a helium well(s) near Red Gap Ranch.

A detailed written description of the instruction/action to be ratified, and deliberations, consultations and decisions by the City Council that preceded and related to the instruction/action that was taken, is attached hereto and posted at City Hall. The complaint is attached.
Financial Impact:
Funds for litigation are budgeted annually by the City Council and were also budgeted in previous years.
Policy Impact:
Continue to protect and provide water resource to citizens of Flagstaff.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Previous Council Decision on This:
See executive summary above.
Written Description of Instruction/Action to be Ratified
Application for TRO
Proposed Preliminary Injunction
Verified Complaint for TRO
Temporary Restraining Order
First Amended Complaint
Preliminary Injunction
Order Declining Special Action


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