HomeMy WebLinkAbout12414RESOLUTION NO. 12414
A RESOLUTION APPROVING THE ENGAGEMENT OF
DAVIS GRAHAM & STUBBS, LLP AS SPECIAL COUNSEL
WITH RESPECT TO AN ECONOMIC DEVELOPMENT
PROJECT TRANSACTION AND AUTHORIZING PAYMENT
OF SPECIAL COUNSEL COMPENSATION FROM THE
1992-2016 SALES AND USE TAX CAPITAL
IMPROVEMENT PROJECTS FUND THEREFOR
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Pursuant to Section 6-7 of the Charter of the City, the engagement of Davis
Graham & Stubbs, LLP as special counsel with respect to an economic development
project identified to City Council is hereby approved.
SECTION 2.
The City Council finds and determines that the services of special counsel are
required to be performed in order to obtain performance of obligations incurred for a
project funded from the 1992-2016 Sales and Use Tax Capital Improvement Projects
Fund (“Fund”). Therefore, the payment of the compensation and costs of special
counsel are an appropriate expenditure from the Fund and the Director of Finance is
directed and authorized to pay such compensation and costs of special counsel out of
the Fund upon approval thereof by the City Attorney.
SECTION 3.
This Resolution shall become effective upon approval and adoption.
INTRODUCED: May 29, 2012
BY: Chris Nicoll
COUNCIL PERSON
Background Paper for Proposed
RESOLUTION
DATE: May 29, 2012 AGENDA ITEM # M-1
DEPARTMENT:
Law Department
Thomas J. Florczak, City Attorney
TITLE
A RESOLUTION APPROVING THE ENGAGEMENT OF DAVIS GRAHAM & STUBBS,
LLP AS SPECIAL COUNSEL WITH RESPECT TO AN ECONOMIC DEVELOPMENT
PROJECT TRANSACTION AND AUTHORIZING PAYMENT OF SPECIAL COUNSEL
COMPENSATION FROM THE 1992-2016 SALES AND USE TAX CAPITAL
IMPROVEMENT PROJECTS FUND THEREFOR
ISSUE
Should City Council approve the engagement of Davis Graham & Stubbs, LLP as
special counsel with respect to an economic development project?
RECOMMENDATION
Approve the engagement.
BACKGROUND
Sensitive negotiations are occurring with a company that is presently not fulfilling its
employment obligations under an economic development project. In the event
negotiations are not successful, the City may need to undertake an action for recovery
of the funds expended for the 1/2 cent sales and use tax fund. The expertise and staff
support of David Graham & Stubbs will enhance the City's ability to obtain a successful
outcome.
FINANCIAL IMPACT
See Background.