HomeMy WebLinkAboutResolution 1950 - 0047RESOLUTION NO.47
RESOLUTION 0?COUNTY SANITA~Tb~DISTRICT NO.THREE
FIXING AND DETEFtKININO COZ4PENI3ATION AN))J~XL~U
TO ~E PAIl)LEGAL COT3NSEL iN CONNEC~fION WITh LITI—
GATION TO DETERMINE TUE VALIDITY OF A LIMITED
PARTICIPATION AGREEMENT UNDER WHICH CERTAIN DIS
TRICTS VOTED BONDS FOR TUE PROCUREMENT 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 arEl deternine the exact interpretation of the aforesaid
limited partioIpat~on agro~menta;end
WUEREAS,attorneys E.J,Marks arE!Adrian Marks are
the attorneys representing the Joint Administrative Organization
and County Sanitation Districts NoB.1,2,3,~,6,7 and 11;end
WHEREAS,~he 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 af~reaaid
limited participation agreements and for any other necessary
puxpoae;aM
WHEREAS,it is neoeeeaz’j that the law firm of O’Melveny
&Myers and James L.Beebe 1)e e~qiloyed as counsel therein and be
paid the reaaonable value of their services therein which will not
be less than ~l,OOO.OO or riore than ~l~50O.OO.
NOW,THEREFORE,BE IT RESOLVED:
That the fees of each of said attorneys,excepting
O’Melvony &Myers end James L.Beebe,be fixed at the sum of ~l5O.OO
—1-
per day for erie day,or’any part of a day,each attorney is in
Court for the hearing of the proposed litigation,the principal purpose
of W~iiOh is to detox’~iine the validity and interpretation of the limited
participation agreements involving Districts Noa.2,3 ~id 7,or any
one of them;and the attorney’a fees of O’Melveny &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
bearing shall be paid at the hourly rates heretofore authorized for
the respect-i’ve attorneys;this shall not include the compensation for
O’I4elveny &Myers and James L.Beebe.
3.That the actual cost of lodging for said attorneys ocoasionad
by their appearar~o at the I)ia trict 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.
~..That mileage be authorized at the usual rate in connection
with the subject litigation,
BE IT I~’JJI4ThER 1~ESOLVEI)that costs and expenses in conneotion
with the above mentioned litigation be paid out of the Joint A~iin—
istrative Fund of Districts Noe.1,2,3,~,6,7 and 11.
The foregoing Resolution was introduced by Director______________
________________________~o moved its ~doptlon,This motion was
seconded by Director____________________and was carried by the
following vote:
AYES:
NOES:
ABSENT:
STATE OP CALIFORNIA)
)as
COUNTY OF OEANGE )
I,OR~,MAE r4E1~IJ~ITT,Secretary of the Board of Directors of
County S ani tat len Pta trio t Number of Orange County,California,
hereby certify that the above ath foregoTng Resolution was duly and
regularly adopted at a meeting of said 130 ard held on this_________da7
of
-
__
—
IN wITNESS WHEIEOJ?,I have hereunto set my band and seal this
________day of •,l95.~
Secretary of ~o l3oaz’d of Directors
of County Sanitation District No.~______
of Orange County,~OaUfornia:.~