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City Clerk's Office Item # S1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 26, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Carla Sikes, City Attorney
SUBJECT: AN ORDINANCE APPROVING AN ENGAGEMENT AGREEMENT WITH
KONCILJA ENERGY LAW AND POLICY FOR REPRESENTATION IN
PUBLIC UTILITIES COMMISSION PROCEEDING NO. 24AL-0275E,
APPROVING THE CORRESPONDING JOINT INTEREST
AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE
SAME
SUMMARY:
This Ordinance approves an engagement agreement with Koncilja Energy Law and
Policy to represent the City in Public Utilities Commission Proceeding No. 24AL-0275E,
approves the corresponding Joint Representation Agreement and authorizes the Mayor
to sign the same.
PREVIOUS COUNCIL ACTION:
No prior Council action exists with respect to this matter.
BACKGROUND:
On June 14, 2024, Black Hills filed a rate increase review with the Colorado Public
electric system, which serves over 100,000 customers in Pueblo, Cañon City, Rocky
Ford and surrounding communities. Black Hills claims the purpose of this increase is to
recover necessary infrastructure investment and operating costs, including pay and
benefits for local employees.
Commission, Proceeding No. 24AL-0275E. The requested rate increase will have a
drastic negative impact on the citizens of Pueblo. Pueblo County and the Pueblo
The interests
of the City, Pueblo County and PEDCO are aligned against Black Hills.
The Joint Representation Agreement sets forth the obligations of Koncilja Energy Law
and Policy to each of the parties to the Agreement. It also provides the rights and
responsibilities of the parties as to each other. Pueblo County and PEDCO have
already signed the Joint Representation Agreement.
FINANCIAL IMPLICATIONS:
per hour for paralegal time. This rate will be billed 1/3 to each party to the Joint
Representation Agreement.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
City Council could decide not to approve the Engagement Agreement and Joint Interest
Agreement.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Frances Koncilja Black Hills - PUC Rate Case Engagement Agreement
2. Frances Koncilja Black Hills - PUC Rate Case Joint Interest Agreement
3. Frances Koncilja Black Hills - PUC Rate Case Exhibit A
ORDINANCE NO. 10772
AN ORDINANCE APPROVING AN ENGAGEMENT
AGREEMENT WITH KONCILJA ENERGY LAW AND POLICY
FOR REPRESENTATION IN PUBLIC UTILITIES COMMISSION
PROCEEDING NO. 24AL-0275E, APPROVING THE
CORRESPONDING JOINT INTEREST AGREEMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE THE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Engagement Agreement retaining Koncilja Public Energy Law and Policy and the
corresponding Joint Representation Agreement, attached hereto and having each been
approved as to form by the City Attorney, are hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute said Agreements for, and on behalf of, the
City, and the City Clerk is authorized to affix the seal of the City thereto and attest same. The
Mayor is further authorized to execute any and all other documents, consistent with and not
materially different than the Joint Representation Agreement, which may contain privileged and
confidential information.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Ordinance and the attached Agreements to implement the policies and procedures
described herein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 12, 2024.
Final adoption of Ordinance by City Council on August 26, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of ____________, on _____________
____________________________
President of City Council
ATTEST
________________________________
Deputy City Clerk