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HomeMy WebLinkAboutRes2007-015 Sponsored by: Yoder ~ CITY OF SEWARD, ALASKA RESOLUTION 2007-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AMENDMENT WITH MEA IN THE CEA CAPITAL CREDITS COMPLAINT WHEREAS, the City entered into the lawsuit as a third party defendant to protect our allocations of Capital Credits, from Chugach Electric Association ("CEA"), for the years 1998-2004 and any future allocations; and WHEREAS, in December 2006 a judge granted the City's cross-motion for summary judgment and dismissed with prejudice Claims I, II, ill, IV and VII; and WHEREAS, Matanuska Electric Association ("MEA") has offered settlement terms to the City, waiving MEA's right to appeal the judge's decision to the Supreme Court in exchange for the City's agreement to waive its rights to seek reimbursement of eligible attorney's fees, estimated at $14,000.00; and ..... WHEREAS, it is in the City's best interest to agree to settlement under these terms and not have to defend against the same claims in Supreme Court, at a cost estimated to exceed $30,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to enter into a settlement agreement with MEA in the CEA Capital Credits complaint, and to waive the City of Seward's rights to seek reimbursement of eligible attorney's fees. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of February, 2007. ..... CITY OF SEWARD, ALASKA RESOLUTION 2007-015 AYES: NOES: ABSENT: ABSTAIN: ATTEST: J THE CITY OF SEWARD, ALASKA / 1~~~i/t-L- Vanta Shafer, Mayor Valdatta, Bardarson, Schafer, Amberg, Shafer Thomas Dunham None .1'l~ Jean City (City Seal) ,,'11111"'0, ~..",~ Of SEI/;/"" i'" &;"'o:;'poitq';'~~d~\ .. . ,0 '~'... ~~ :~ -+- 0-. :. if 0 ( SEl\L ~ 0 s ,.,~ \ -....- ;:: '~r~. ". .: :: ..., '''1 "V'. ..'tr..... t;. "'~ "~r~ 1 ,\~~., *-'1:(- ~ ~~~ ~~ .....1... ~c:z, ........ ""'~~ t.;:~ OF p..\.. \...... ""'"11"" J J COUNCIL AGENDA STATEMENT Meeting Date: February 12, 2007 Through: Marvin Yoder, Interim City Manager From: Tim Barnum, Electric Utility Manager Agenda Item: Authorizing the City Manager to enter into a Settlement Agreement with MEA in the CEA Capital Credits Complaint BACKGROUND & JUSTIFICATION: In October, 2004, MEA filed a lawsuit against CEA with regards to how CEA was allocating capital credits to its wholesale customers from 1998-2004. In an effort to preserve our allocation of capital credits for the years 1998-2004 and in future years, the City filed as a third party defendant in the case. In December 2006, the judge hearing the case granted the City’s cross-motion for summary judgment and dismissed with prejudice Claims I, II, III, IV and VII. MEA has the option to appeal the judge’s decision in the case. The City has the option to seek reimbursement of eligible attorney’s fees, since we won the case. MEA has offered to waive its rights to appeal if the City will waive its rights to seek attorney’s fees. The amount that the City could be reimbursed for is approximately $14,000.00. If MEA appeals the decision to the Supreme Court, we anticipate we would spend in excess of $30,000.00. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan 2. Strategic Plan 3. Other X 4. Not applicable FISCAL NOTE: There is no added cost to this settlement, other than continuation of attorneys fees necessary to finalize a settlement agreement. The City will forego potential reimbursement of attorney’s fees in the amount of approximately $14,000, in exchange for MEA’s agreement not to appeal to the Supreme Court, which the City anticipates would potentially cost $30,000 to defend. No appropriation is necessary at this time. Approved by Finance Department: RECOMMENDATION: City Council approve Resolution 2007- authorizing the City Manager to enter into a settlement agreement with MEA, whereby MEA waives its right to appeal in exchange for the City of Seward waiving its rights to recover eligible attorney’s fees in the CEA Capital Credits complaint.