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RESOLUTION NO. 13789
A RESOLUTION ENGAGING MIDDLETON ENVIRONMENTAL
LAW, LLC, TO PROVIDE LEGAL SERVICES RELATING TO
BLACK HILLS/COLORADO ELECTRIC COMPANY, LP’S
PUEBLO ELECTRIC GENERATING UNITS 5 & 6
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The law firm of Middleton Environmental Law, LLC (“Law Firm”) is hereby engaged to
provide legal services to the City of Pueblo relating to Black Hills/Colorado Electric Company,
LP’s (“Black Hills”) Pueblo Electric Generating Units 5 & 6 (“Units 5 & 6’).
SECTION 2.
The City Manager is hereby authorized and directed to execute an appropriate fee
agreement with the Law Firm, consistent with the terms of this Resolution, after receiving the
approval of the City Attorney, as to form.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution.
SECTION 4.
This Resolution shall become effective immediately upon final passage.
INTRODUCED September 25, 2017
BY: Ed Brown
City Clerk’s Office Item # M-8
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: September 25, 2017
TO: President Stephen G. Nawrocki and Members of City Council
VIA: Gina Dutcher, City Clerk
FROM: Sam Azad, City Manager
SUBJECT: A RESOLUTION ENGAGING MIDDLETON ENVIRONMENTAL LAW, LLC, TO
PROVIDE LEGAL SERVICES RELATING TO BLACK HILLS/COLORADO
ELECTRIC COMPANY, LP’S PUEBLO ELECTRIC GENERATING UNITS 5 & 6
SUMMARY:
Attached is a proposed Resolution authorizing the City to engage Middleton Environmental Law,
LLC (“Law Firm”) to provide legal services relating to Black Hills/Colorado Electric Company, LP’s
(“Black Hills”) Pueblo Electric Generating Units 5 & 6 (“Units 5 & 6’).
PREVIOUS COUNCIL ACTION:
The City has engaged attorney William H. McEwan to represent its interests before the Colorado
Public Utilities Commission concerning Units 5 & 6.
BACKGROUND:
The City requires the services of an attorney specializing in environmental law to advise City
Council with respect to the environmental issues surrounding the de-commissioned power plant.
FINANCIAL IMPLICATIONS:
For legal services to be provided to the City, the Law Firm has agreed to provide a governmental
discount and will bill the City of at the hourly rate of $280 per hour.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The City could engage a different firm to provide these services. However, the Law Firm has
significant experience in this area, has provided these services in a professional and cost efficient
manner to other governmental entities.
RECOMMENDATION:
Approve the engagement.
Attachments: Proposed Agreement