[BoulderCouncilHotline] Item 3I - Motion to Authorize the City Manager to enter into a settlement agreement with Xcel

[Carr, Thomas]

Several community members have raised a concern that Paragraph F of the Settlement Agreement does not include a requirement that the PUC approve the franchise before the parties dismiss ongoing litigation.  This language is included  in paragraph A.  To avoid and confusion, Xcel has agreed to amend paragraph F as follows:

F. Litigation. Upon certification of election results showing voter approval of the 2020 Franchise and approval by the PUC:

1. The pending condemnation case in Boulder District Court Case 19CV31226 will be dismissed by the parties thereto without prejudice.
2. The appeal of Boulder District Court Case No. 19-CV-30637 currently pending before the Colorado Court of Appeals will be dismissed.
3. Boulder will withdraw the 210 Application and associated Offer of Settlement pending before FERC.
4. PSCo's pending award of attorneys' fees shall be dismissed without any payment by Boulder.
5. Neither PSCo or Boulder shall seek or receive any award of costs or attorneys' fees arising from any of the pending litigation.

Tom Carr
Boulder City Attorney
(303) 441-3020
(pronouns: He/Him/His) What's This?<https://www.mypronouns.org/what-and-why>

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