Resolution 2382

Town of Wickenburg — Regular Meeting (2025-07-07)

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RESOLUTION NO. 2382
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF WICKENBURG, MARICOPA AND YAVAPAI COUNTY,
ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF THE APACHE II RESALE AGREEMENT
WHEREAS, Southwest Public Power Agency, Inc. (“SPPA”) intends to enter into the
Apache II Storage Class B Power Purchase Agreement (“Class B PPA”) and the Apache II
Storage Class B Energy Storage Agreement (“Class B ESA”) to acquire the output of a
photovoltaic and battery storage facility, which are currently subject to final negotiations
between AEPCO and SPPA.
WHEREAS, the Town of Wickenburg, SPPA, and certain SPPA Members wish to
enter into an agreement that enables SPPA to pass through a share of the benefits and
obligations of the Class B PPA and Class B ESA to such participants, including the Town of
Wickenburg.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Common Council of
the Town of Wickenburg, Arizona that:
1. The Apache II Resale Agreement between Southwest Public Power Agency and
Participants, (the “Apache II Resale Agreement”), between the Town of
Wickenburg, SPPA, and the entities listed as participants in the Apache II Resale
Agreement, as presented to the Mayor and the Common Council of the Town of
Wickenburg, a copy of which is attached hereto as Exhibit A, is hereby approved.
2. The Town of Wickenburg affirms SPPA shall update the Class B PPA and Class
B ESA as attached to the Apache II Resale Agreement upon final negotiation and
execution by SPPA and AEPCO of those two agreements, in accordance with the
Apache II Resale Agreement.
3. The appointed Director and Alternate Director of the Town of Wickenburg are
authorized to execute the Apache II Resale Agreement with only such changes as
approved by the signatory, in consultation with the Town of Wickenburg’s legal
counsel.  From and after the execution and delivery of the Apache II Resale
Agreement, the officers of the Town of Wickenburg are hereby authorized and
directed to perform all acts, execute and deliver all documents and to take such
other steps necessary or convenient to implement and perform the provisions of
the Apache II Resale Agreement.
Approved, passed, and adopted by the Mayor and Common Council of the Town of
Wickenburg, Arizona, this 7th day of July 2025.
BG Bratcher, Mayor

Page 2
ATTEST:
Amy Brown, Town Clerk
APPROVED AS TO FORM:
Trish Stuhan, Town Attorney
Pierce Coleman PLLC
CERTIFICATION
I HEREBY CERTIFY that the foregoing Resolution Number 2382 was duly passed
and adopted by the Mayor and Common Council of the Town of Wickenburg, Arizona, at a
regular meeting held on the 7th day of July 2025, and that a quorum was present at the
meeting.
Amy Brown, MMC
Town Clerk

EXHIBIT A
Apache II Resale Agreement
Ex. A – Page 1