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HomeMy WebLinkAboutRes2004-080 I I I Sponsored by: Shealy CITY OF SEWARD, ALASKA RESOLUTION 2004-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PAY THE LAW FIRM OF KEMPPEL, HUFFMAN & ELLIS $27,218.29 FOR LEGAL SERVICES RENDERED AND APPROPRIATING FUNDS WHEREAS, Dean Thompson of the Law Firm Kemppel, Huffman & Ellis has represented the City of Seward in hearings before the Regulatory Commission of Alaska (RCA) for Rate Increases requested by our wholesale electric power supplier, Chugach Electric, Inc.; and WHEREAS, the results ofthese RCA hearings are that the City of Seward received a $104,760.83 rebate from CEA and a reduction in our power cost of approximately $ll,OOO/mo totaling approximately $204,008.33 to date; and WHEREAS, the benefits of this rate decrease will continue for many years; and WHEREAS, Dean Thompson is billing the City of Seward $26,626.27 for the work involved to obtain these rate decreases and rebates; and WHEREAS, Dean Thompson has also billed the City $692.02 for non-related legal fees involving Marlow and Hobbs and their desire to sell power to the City of Seward, making the total owed to Kemppel, Huffman and Ellis $27,218.29. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to Pay Kemppe1, Huffman & Ellis the amount of$27,218.29 for legal services rendered to the City of Seward Electric Department. Section 2. Funding is available from Account 501-5400-5170 by utilizing remaining budget and appropriating an additional $20,000 from Electric Fund retained earnings account 501-0000-3050, to Legal Expenditures, Electric Department, CEA Ty Rate Case, Account 501-5400-5170-5009. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 26th day of July, 2004. CITY OF SEWARD, ALASKA RESOLUTION 2004-80 THE CITY OF SEWARD, ALASKA ~~~~ Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: Dunham, Branson, Va1datta, Amberg, Clark, Anderson Shafer None None None ATTEST: o \_~l: ~ ~~.V'F-~~) Je LewIs, .'- City Clerk -' ""11.11',,, (City Seal) ~,,~-{ OF S~':~" .:.~ r~' ...........".-~ ';, ~ v,,';'ofl,POJ:l~",~ ~ ~ .'tt~U -~~'. (:) ':. ..'" ~. CI' .. .. -.-. '0', .. :.; SE~ ~ : ... . '. I \ i. : ~1~ " ........ i:: .. f)'v. ~.. ~ (l4'~!;'1t~ f \l\\ot:..,.1 ~~ '~""":":".c:t... ~ " OF ALt>\.?...... II""'II""'~ COUNCIL AGENDA STATEMENT Meeting Date: July 26, 2004 Through: Phil Shealy, City Manager From: Dave Calvert, Manager, Electric Utility Agenda Item: Attorney Fee’s - Dean Thompson BACKGROUND & JUSTIFICATION: Dean Thompson of Kemppel, Huffman & Ellis, has been working on behalf of the City of Seward in the Chugach Rate Case before the Regulatory Commision of Alaska, for approximately the last year. During that time the City of Seward obtained a substantial rate reduction approximating $132,330/year ($11,027.50/mo.) and a refund for past overcharges from Chugach totaling $104,760.83, for a total benefit to the City of Seward of $204,008.33 (9 months @ $11,027.50/mo. plus the $104,760.83 rebate). Numerous hearings before the RCA and literally dozens of briefs have been filed by Dean Thompson on behalf of the City to obtain these rebates and rate reductions. Although his bill for this work totals $26,626.27, he has earned us well in excess of this amount and the reduced rate benefits will continue for many years in the future. In addition, Dean represented the City in negotiations with Marlow/Hobbs (who want to force us to purchase power from a yet-to-be-built power project). The potential for a lawsuit is high unless we have someone of Dean’ expertise to walk the tight line between negotiation and refusal. Dean has done an excellent job of this and his latest bill for $589.00 plus $3.02 is included in this Resolution. The total amount owed to Kemppel, Huffman & Ellis is $27,218.29. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable X ????? 1 FISCAL NOTE: Financing is available from Account 501-5400-5170 Approved by Finance Department RECOMMENDATION: City Council approve Resolution 04-80, authorizing the City Manager to pay Kemppel, Huffman & Ellis $27,218.29 for legal services. Funding is available from account 501-5400-5170. ????? 2