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HomeMy WebLinkAboutResolution 1950 - 0045RESOLUTION NO.~ One RESOLUTION OF COUNT!SANITAT~ION1~)ISTRICT NO.____ FIXING AND DETERMINING COMPENSATION MID EXPENSES TO BE PAID LEGAL COUNSEL IN CONNECTION WITh LITI GATION TO DETERMINE THE VALIDITY OF A LIMITED PARTICIPATION AGREEMENT UNDER WHICH CERTAIN DIS TRICTS VOTED BONDS FOR THE PDOCURENEN1~AND CON~ STRUCTION OF SEWERAGE FACILITIES. WHEREAS,the matter of interpreting the limited partici-’ pation agreement under which County Sanitation Districts Nos. 2,3 and 7 have agreed to participate in a countywide sewerage development plan has arisen;and WHEREAS,the attorr~ys representing the proposed bond buyers deem that it is necessary to bring court proceeding to fix aixi determine the exact interpretation of the aforesaid limited participation agree~riente;~id WHEREAS,attorneys E.J.Marks aixi Ad4afl Marks are the attorneys representing the Joint Administrative Organization and County Sanitation Districts Nos.1,2,3,5,6,7 and 11;and WHEREAS,the aforesaid attorneys are preparing to bring a proceeding in the District Court of Appeal for the purpose of determining the validity end interpretation of the afO~esaid limited participation agreements and for any other necessary purpose;ar4 WHEREAS,it is necessary that the law firm of O’Melveny &Myers ax~James L.Beebe ~i~employod as counsel therein and be paid the reasona~ble value of their services therein which will not be less than ~l,OO0.OO or more than ~i,5OO.OO. NOW,THEREFORE,BE IT RESOLVED: That the fees of each of said attorneys,excepting O’Melveny &Myers ~d James .L.Beebe,be fixed at the sum of $150.00 per day for one day,or any part of a day,each attorney Ii in Court for the hearing of the proposed litigation,the principal purpose of ~t~ich is to determine the validity and interpretation of the limited participation agreements involving Districts Moe..2,3 ~id 7,or any one of them and the attornøy’s fees of O’Melveny &Myers end James L.Beebe be fixed at the above mentioned figure for their services, 2.ThUt attortiey.fees for preparation of pleadings and for the he aring shall be paid at the.,hourly rates he retofore authorized for the reapectiva attorneys;this shall not Include the compensation for O’Melveny &Myers and James L.Beebe, 3.That the actual cost of lodging for said attorneya occasioned by their appearance at the District Court of Appeal for.the herein above specified purpose shall be authorl zed to be paid in a sum not to exceed ~5.OO per day.~ lj.,That mileage be authorized at the usual rate In eonneàtlon with the subject litigation. BE IT FURThER RESOLVED that costs and expenses In connection with.the above mentioned litigation be paid out of the Joint A~iin Istrative Fund of Districts Nos.1,2,3,S,6,7 ar~1].. The foregoing Resolution was introduced by Direotor______________ _________________________~tho moved its adoption.This motion was seconded by Director_____________________and was carried by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA as COUNTY OF ORANGE I,ORIt MAE MERRITT,Secretary of the Board of Directors of County Sanitation District Number of Orange COunty,California, hereby esx~’Ify that the abo~ve a oi’egping Resolution was duly and regularly adopted at a meeting of said Board held On this________day ~i95~ IN WI1~NESS WHEREOF,I have hereunto set my hand and sea],this ______day of.,l9~. SecretaPy of the Board of Directors of County Sanitation District No.______ of Orange County,CaUfornia,~ -a-