HomeMy WebLinkAbout10993RESOLUTION NO. 10993
A RESOLUTION ENGAGING DIETZE AND DAVIS, P.C. TO PROVIDE LEGAL SERVICES
RELATING TO NEGOTIA -TIONS FOR BLACK HILLS /AQUILA ASSET AND FRANCHISE
TRANSFER
WHEREAS, Aquila, Inc. has entered into agreements to transfer its Colorado electric utility
assets and franchises to Black Hills Corporation and has filed an application for approval of such
asset transfer with the Public Utilities Commission of the State of Colorado; and
WHEREAS, the franchise under which Aquila, Inc. conducts its electric utility activities in
the City of Pueblo requires Aquila, Inc. to perform certain acts before such transfer is completed,
including, without limitation, obtaining City of Pueblo's approval for such transfer, and
WHEREAS, pursuant to Ordinance No. 5640, Aquila, Inc. is required to reimburse the City
of Pueblo for costs incurred by the City of Pueblo in investigating, negotiating and approving
proposed transfers of its franchise, and
WHEREAS, Section 6 -7 of the Charter of the City of Pueblo provides that no special
counsel shall be retained by the City of Pueblo to represent the City of Pueblo except by the City
Attorney and for such compensation as determined by the City Council, and
WHEREAS, the City Attorney consents to and approves the engagement of Dietze and
Davis, P.C. to provide legal services relating to the negotiations with Black Hills /Aquila assets and
franchise transfer. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The engagement letter between Dietze and Davis, P.C. and the City of Pueblo, a copy of
which is attached hereto, having been approved as to form by the City Attorney, is hereby
approved. The President of the City Council is authorized to execute the engagement letter in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 2
Funds for services to be performed and costs expended in such representation shall be
disbursed from the Professional Services Account in the City Council's 2007 budget.
INTRODUCED April 23, 2007
BY Ray Aquilera
Councilperson
APPROVED:
RRESIDIENTof City Council
ATTESTED BY:
CITY CLERK
1ZIrl,s 1 1 13
D �I
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 1 1
DATE: April 23, 2007
DEPARTMENT: Law Department
TITLE
A RESOLUTION ENGAGING DIETZE AND DAVIS, P.C. TO PROVIDE LEGAL
SERVICES RELATING TO NEGOTIATIONS FOR BLACK HILLS /AQUILA ASSET
AND FRANCHISE TRANSFER
ISSUE
Should City engage Dietze and Davis to provide legal services relating to
negotiations for Black Hills /Aquila asset and franchise transfer?
Approve the engagement.
BACKGROUND
Aquila, Inc. has entered into agreements to transfer its Colorado electric utility
assets and franchise to Black Hills Corporation and has filed an application for
approval of such asset transfer with the Public Utilities Commission of the State of
Colorado ( "PUC ").
It would be in the best interest of the City and City customers of Aquila, Inc. to
engage the services of legal counsel experienced in legal matters before the PUC
and utility transfers to assist the City in investigating, negotiating and approving the
proposed asset and franchises transfer. Pursuant to Ordinance No. 5640, Aquila,
Inc. is required to reimburse the City of Pueblo for costs incurred by the City of
Pueblo in such investigation, negotiation and approval.
FINANCIAL IMPACT
Funds for services to be performed and costs expended in such representation shall
be disbursed form the Professional Services Account in the City Council's 2007
budget.