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HomeMy WebLinkAbout2137 .' RESOLurrON NO. 2137 . A RESOLUrrON OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, EMPLOYING SPECIAL COUNSEL ON BEHALF OF SAID CITY AND FIXING THE MEASURE OF COHPENSATION OF SUCH COUNSEL. WHEREAS, there was filed in the Superior Court in the State of California, in and for the County of Los Angeles, a complaint by IRA W. CURRY and DOROTHY N. CURRY, as plaintiffs, against the CITY OF ARCADIA, et al, said complaint bearing file No. ,8,642~ and WHEREAS, in addition to City of Arcadia, various officers and officials of the City of Arcadia, including the Mayor and Council- men, the Chief of Police, the City Attorney and the Judge of the City Court, are named therein as defendants in their respective official capacHies only; and WHEREAS, the defendants named in said complaint already have been or soon will be served with copies of summons issued in said action, because of which it is necessary that special counsel be retained by the City of Arcadia for the purpose of advising said City and the officers thereof relative to the said action, and for the purpose of preparing and filing the pleadings required therein, and for the purpose of defending against said action; and WHEREAS, services of such a nature are not embraced within the terms of employment of the City Attorney; NOW, THEREFORE, the City Counsel of the City of Arcadia does: find, determine and resolve as follows: Section 1. That it is to the best interests of the City of Arcadia, and the inhabitants thereof, that special counsel be em- - 1 - I"Oo<.D ployed for th,e purpose of advising said City and the officers thereof relative to the aforesaid action heretofore filed against it, and for the purpose of preparing and filing all pleadings and documents and for the purpose of doing all things deemed by such counsel necessary or advisable in the defense of said action. Section 2. That be and he, or they, is, or are, hereby employed as special coun- sel for the purpose of advising said City and the officers there- of relative to the said action, and for the purpose of preparing and filing such pleadings and documents as are necessary or ad- visable in said action, and for the purpose of defending said action on behalf of the City and such of the named defendants, in their official capacities only, a~ consent to such representation. Section 3. That the City of Arcadia pay to said special counsel thus apPointed, in compensation for his~ or their, ser- vices to be thus rendered, the fair and reasonable value of such services; that said special counsel shall, from time to time, sub- mit an itemized account of the costs incurred in said action, and a statement of the sum requested for the services rendered pursu- ant hereto; that the costs incurred shall, upon approval of the items, be forthwith paid. Section 4. That the City Council shall determine the reason- ableness of the sum requested as compensation for the services rendered by the special counsel thus appointed, and in such de- termination the City Council shall be the sole and exclusive judges and their determination in this regard shall be final. Upon such determination, the City shall pay to the special counsel thus ap- pointed, in compensation for his, or their, services thus rendered, the fair and reasonable value of such services as thus determined by the City Council. - 2 - "'. ... \~ I ,.. Section 5. The City Clerk shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia, held on the 1st day of May, 1951, by the affirmative vote of'at least three Co~cilmen, to-wit: AYES; Councilmen Kennett, Nottingham Klomp,/Sehmocker and Sullivan NOES: None ABSENT: None ~ City Clerk SIGNED AND APPROVED this 1st , " llT'A: L c47 City Cl~k ~~-' \ , " . -~ . " ,: " . '}-: ~ , , . .. ~' / ;' " - 3 -