HomeMy WebLinkAbout10535RESOLUTION NO. 10535
A RESOLUTION WITHDRAWING CITY COUNCIL'S SUPPORT FOR QUESTION A— CHARTER
AMENDMENT AUTHORIZING THE CITY TO ACQUIRE AQUILA, INC.'S FACILITIES
WHEREAS, Aquila, Inc. publicly informed the City that its facilities located in the state of
Colorado ( "Aquila facilities ") were for sale and invited the City to participate in the bidding to purchase
the Aquila facilities, and
WHEREAS, as a preliminary requirement for the City to acquire the Aquila facilities, the City
submitted to a vote of the registered electors of City at the general municipal election to be held
November 8, 2005 Question A— Charter Amendment authorizing the City to acquire the Aquila
facilities. and
WHEREAS, Aquila, Inc. has determined that it will not sell the Aquila facilities and affirmed
that it will continue to own, conduct and operate the Aquila facilities, and
WHEREAS Aquila, Inc. has committed to expend tens of millions of dollars in equipment and
upgrading the Aquila facilities, and
WHEREAS, since Aquila, Inc. is no longer a willing seller of the Aquila facilities, the City would
have to acquire the Aquila facilities through condemnation by the exercise of its power of eminent
domain, and
WHEREAS, condemnation proceedings would be costly, time consuming and contentious, and
WHEREAS, Aquila, Inc. has agreed to reimburse the City all costs, including staff time, in the
amount of $275,000.00 incurred by the City in evaluating the feasibility of acquiring the Aquila facilities
and negotiating with Aquila, Inc., and
WHEREAS, it is not now legally nor practically possible to remove Question A— Charter
Amendment from the ballot for the November 8, 2005 general municipal election which has been
printed and certified. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City Council of the City of Pueblo for the above stated reasons does hereby withdraw its
support for Question A— Charter Amendment authorizing the purchase of Aquila, Inc.'s facilities.
SECTION 2
This Resolution shall become effective upon final passage and approval.
INTRODUCED October 11, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRES1DENT 9F CITY CPWCIL
ATTESTED BY:
CITY CLERK
�O. # 16S35
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # ) (
DATE: October 11, 2005
DEPARTMENT: Law Department
TITLE
A RESOLUTION WITHDRAWING CITY COUNCIL'S SUPPORT FOR QUESTION
A— CHARTER AMENDMENT AUTHORIZING THE CITY TO ACQUIRE AQUILA,
INC.'S FACILITIES
ISSUE
Should City Council withdraw its support for Question A— Charter Amendment
authorizing the City to acquire Aquila, Inc.'s facilities?
RECOMMENDATION
None.
BACKGROUND
Aquila, Inc. ( "Aquila ") publically informed the City that its facilities located in the
State of Colorado ( "Aquila facilities ") were for sale and invited the City to participate
in the bidding to purchase the Aquila facilities.
As a preliminary requirement for the City to acquire the Aquila facilities, the City
Council submitted to a vote of the registered electors of the City at the general
municipal election to be held November 8, 2005 Question A— Charter Amendment
authorizing the City to acquire the Aquila facilities.
Aquila changed its position and announced that the Aquila facilities are not for sale
and affirmed that it will continue to own, conduct and operate the Aquila facilities.
Aquila has committed to expend tens of millions of dollars in equipment and
upgrading the Aquila facilities and agreed to reimburse City for all costs, including
staff time, in the amount of $275,000 incurred by the City in evaluating the feasibility
of acquiring the Aquila facilities and negotiations with Aquila.
Since Aquila is no longer a willing seller, the City would have to acquire the Aquila
facilities through condemnation proceedings which would be costly, time consuming
and contentious.
It is not now legally nor practically possible to remove Question A— Charter
Amendment from the ballot for the November 8, 2005 general municipal election.
For the foregoing reasons, the Resolution will withdraw City Council's support for
Question A— Charter Amendment authorizing the City to acquire Aquila's facilities.
FINANCIAL IMPACT
None.
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