HomeMy WebLinkAboutResolution 1950 - 0046RESOLU1~ION NO.46
RESOLUTION OF’COUNTY SANITA~flO~(DISTRICT NO.TWO
FIXING AND DETERMINING COMPENSATION AND EXPEN~EU
TO 1’~E PAID LEGAL COUNSEL IN CONNECTION WITh LITI
GATION TO DETERMINE THE VALIDIff OF A LIMITED
PARTICIPATION AGREEMENT UNDER WHICH CERTAIN DIS.
TRICTS VOTED BONDS FOR TEE PROCUREMENT AND CON
STRUCTION OF SEWERAGE FACILITIES.
WHEREAS,the mattez’of interpreting the limited paz’tioi—
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 attorneys representing the proposed bond
buyers deem that it is necessary to bring court proceeding to
fix arxi deterrilne the exact interpretation of the aforesaid
limited participation agreei~ents;and
WHEREAS,attorneys E •J.Marks aixi Advii.an 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 and interpretation of the afOresaid
limited participation agreements and for any other necessary
pui~ose~aixi
WHEREAS,it is necessary that the law firm of Q’Nelveny
&Myers ai~James L.Beebe be ez~leyed as counsel therein and be
paid the reasonable value of their services therein which will not
be less than $1,000.00 or more than $1,500.00.
NOW,THEREFORE,BE IT RESOLVED:
That the fees of each of said attorneys,excepting
O’Melveny &Myers and James L.Beebe,be fixed at the sum of ~l5O.O0
—1—
per day for one day,or~any part of a day,each attorney is in
Court for the hearing of the proposed litigation,the principal purpose
of which is to determine the validity and interpretation of the limited
participation agreements involving Districts Woe.2,3 ~xd 7,or any
one of them;and the attorney’s fees of O’Nelveny &Myers and James
L.Beebe be fixed at the above mentioned figure for their services.
2.That attorney.fees for preparation of pleadings and for the
hearing shall be paid at the hourly rates heretofore authorized for
the respective attorneys;this shall not include the compensation for
O~Melveny &Myers and James L.Beebe.
3.That the actual cost of lodging for said attorneys occasioned
by their appearance at the District Court of Appeal for the herein
above specified purpose shall be authorized to be paid in a sum not
to exceed ~5,OO per day.,
Li.,That mileage be authorized at the usual rate in connection
with the subject litigation,
BE IT FURTHER RESOLVED that costs and expenses in connection
with the above mentioned lit1r~at1on be paid out of the Joint A~iin—
istrative Fund of Districts Woe.1,2,3,5,6,7 az~11,
The foregoing Resolution was introduced by Director______________
_________________________who moved its adoption.This motion was
seconded by Director_____________________and was carried by the
following vote:
AYES:
NOES:
ABSENT:
STATE OF CALI1~ORNIA)
)as
COUNTY OF ORANGE )
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District Number of Orange County,California,
hereby certify that the above az~i Ioregolng Resolution was duly and
regularly adopted at a meeting of said Board held on this_________day
of
-
,l95;~_~
IN WITNESS WHEREOF,I have hereunto set my hand and seal this
________day of
_______________,l95~.~
Secretary ot the Board of Directors
of County S~nitation District No.~______
or Orange County,~.California.~
-2—