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HomeMy WebLinkAbout~Master - Counsel for issues related to Clean Air Act RESOLUTION NO. 09-438 RESOLUTION AUTHORIZING ENGAGEMENT OF COUNSEL TO PROVIDE ADVICE ON ISSUES RELATED TO CLEAN AIR ACT FOR THE CITY OF AMES WHEREAS,Electric Services Department staff has indicated that there are several projects scheduled to be undertaken within the next several years; and, WHEREAS,the City Attorney is recommending that the City retain legal counsel with expertise in the Federal Clean Air Act and other environmental regulatory issues; and, WHEREAS,due to the technical complexity of the anticipated projects and the ever-changing regulatory landscape,the City would benefit from the advice of a legal specialist; and, WHEREAS, over the next five years, Electric Services has identified and budgeted for a number of projects at the steam electric plant and the combustion turbines to preserve their asset value and performance,and to maintain compliance with state and federal environmental regulations; and, WHEREAS,many of these projects will likely require submission of New Source Review(NSR) and Prevention of Significant Deterioration(PSD)applications to the Iowa Department of Natural Resources for their determination before proceeding; and, WHEREAS,given the interpretation of NSR and PSD,many of the projects that are planned in the next three-to-five years will require careful evaluation for the need of NSR and PSD permitting, and a law firm specializing in federal environmental regulatory compliance issues would be able to advise the City on these projects in a cost-effective manner that could avoid unnecessary delays; and, WHEREAS, after receiving recommendations from other public power agencies and reviewing the qualifications of specialized law firms,it was determined that Leslie Ritts of the Ritts Law Group of Alexandria, Virginia,has superb qualifications and would be able to provide legal assistance as needed by the City of Ames; and, WHEREAS, staff is requesting authorization to enter into an engagement and retainer agreement with the Ritts Law Group for legal services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that authorization to enter into an engagement and retainer agreement with Ritts Law Group in an initial amount of up to$100,000 for legal services on issues related to the Clean Air Act is hereby approved. ADOPTED THIS 8t1i day of September,2009. C�Zo�?. A. - Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Larson Seconded by: Popken Voting aye: Doll, Goodman,Larson,Mahayni,Popken,Rice Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 8th day of September, 2009.