07-904Suspension - 9/26/07
RESOLUTION
Council File # 0� "
Green Sheet # ��y�
OF SAINT PAUL, MII�NESOTA
Presented $y
WHEREAS, the City of Saint Paul has entered into a Power Purchase Option Agreement, dated May 25,
2�07, between the City and Brookfield Power, Inc., for the option to purchase up to 5 MW of
hydroelectric power from the Twin Cities Hydro Plant acquired by Broo�eld Power; and
WHEIiEAS, Ford Motor Company (Transferor) and Twin Cities Hydro LLC (Transferee) on September
14, 2007, filed an application with the Federal Energy Regulatory Commission (FERC) License Transfer
Application Project No. 362-015, to transfer ownership of the Twin Cities Hydro Plant, which transfer
could impact the Power Option A� and
WIIEREAS, it is in the interests of the City of Saint Paul to interoene in the proceeding before the
Federal Energy Regulatory Commission and the Office of City Attorney does not have the expertise to
represent the City of Saint Paul in the proceeding; and
��,��
WIIEREAS, Joseph Van Eaton and Nanp the law firm of Miller and Van Eaton L.L.P. possess the
necessary expertise to competently represent the City of Saint Paul in this proceeding; and
WI�REAS, based upon these special circumstances, the CityAttorney, pursuant to Charter Section 5.02,
requests the Council to appoint a spec'ad cou�s,el for this matter.
G!' n /e-S
NOW THEREFORE BE IT RESOL ED, upon the request of the City Attorney the Council hereby
appoints Joseph Van Eaton and N�f the law firm of Miller and Van Eaton L.L.P. as
special counsel to represent the City of Saint Paul in the Federal Energy Regulatory Commission (FERC)
License Transfer Application of Ford Motor Company (Transferor) and Twin Cities Hydro LLC
(Transferee), filed September 14, 2007, Project No. 362-015, and
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FURTHER RESOLVED, that the hourly rate for Joseph Van Eaton shall be $ 250.00 and the hourly rate
for Nan shall be $ 240.00, both to be paid from � SL� - 3b6 /d ^ - l7 �/ tg
Requested by Departrnent of.
Office of the Ciri Attomev
John Ch ' " Attome
By'v _ � ���i���1/—�""-
Office of Financial Services
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,�:
Adoplii
By:
Apprm
By:
Form Appro y City Attomeyf
BY � /7/d'l'�� 1�� /`�/'—'�
Form Approved by Mayor for Submission to Council
BY: / I��Ci�jy �« rt—¢/ /' u�,'��^�i'@`
� Green 3heet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�� -�iD�
CA �sry naoiuey
CoMact Person & Phone:
Jerry Hendridcson
266-8720
musL ese on
26SEP-07
Doc.Type: RESOLUTION
E-Document Required: Y
Document Contact: Jerry Hendrickson
Contact Phone: 6-8720
26SEP-07
y 0
Assign i
Number Z
For
Routing 3
Order 4
5
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3044471
' Attome
" Attome De arlment Director
' ancial Services 700 CH
or's Office Msvor/Assisfant
Authorizing Miller & Van Eaton, LLP as special counsel before the Federal Energy Regulatory Commission conceming the transfer
of Twin Cities Hydro Plant.
Recommentla5ons: Approve (A) or Rejec[ (R): Personal Serv�ce Gontracts Must wnswer tt�e Fouowmg Questions:
Planni� Commission 1. Has this persoNfirm ever worked under a conffact forthis deparlmenl?
CIB Committee Yes No
Civil Service Commission 2. Has this perso�rm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheeS
Initialing Problem, Issues, Opportunity (Who, What, When, Where, Why):
See resolution.
Advantages If Approved:
The Ciry will be represented by counsel with necessary expertise.
Disadvantages IfApproved:
Disadvantages If Not Approved:
Transaction:
Punding Source:
Financial Information:
(Explai�)
Activity Number _
CosURevenue Budgeted:
September 26, 2007 11:13 AM Page 1