HomeMy WebLinkAboutResolution 1950 - 0048RESOLUTION NO.48
R1~SQLL~TIO~OF COTJNTI SANITA O~~ISTRICT ~O.FIVE
F1XIN~ANL~DETEftMININO CO~4P~N~ATION AND ~
TO ~E PAID LEGAL COtJWSEL IN CON!4RC~ION WITh LIfl
GATION TO DE I*~INE TW~VALJDIT~OF A 1~IMIT~D
PAR?ICIPATIO!~AGRi~iEMENT UNDER W~ICH C~RPAIN DIS~
TRICTS VOTED BONDS ?OR ThE P~OCU~~.C AND CON~
STIU~TIO1~OF SEWEk(AG~FACILITIIf~S.
Wk~REAS,the nattr of intepreting the limited partici
p.ation agreement under which County 3sni~ation Districts Noe.
2,3 and 7 have agreed to participate in a countywide sewerage
development plan haa arisen;and
WR1~REAS,the attormya re~i’esonting the proposed bond
buyers deem that it is necessary to bring court proceeding to
fix and deten~ine the exaot interpretation of the aforesaid
limited partioipab~.on agre~ents;and
WIII~REAS,attorneys E.J.Marks and Adrian Marks are
the attorneys representing the Joint Administrative Orgar~ization
end County Sanitation Districts Nos.1,2,3,5,6,7 and 11;and
W}LEREA3,the aforesaid attorneys are prepsring to bring
a proceeding in the District Court of Appeal tar the purpose of
determining the validity and interpretation of the aforesaid
limited participation agreements and for any other necessary
purpose;and
WR~REAS,it is necessary that the law finit of O’Melv.ny
&Myers and Jemes L.I3eebe be employed as counsel therein and be
paid the reaeonable value of their aez’vicea therein which will not
be less than ~,OOO.QO or more than ~l,5OO,OO.
NOW,T~?O1~E,BE IT RESOLVEDs
That the f’ea of saSh of said attorneys,excepting
O’Melvony &Myers and James L.Beebe,be fixed at the sum at ~l5O.OO
per day for one day,or any part of a day,each attorney is in
Court for the bearing of th~proposed litigation,the px’inoipel purpose
of ~1ah is to detoriutue the validity and interpretation of the lii~tited
participation sgree~1ente involving Districts Nos.2,3 and 7,or any
one of them;and the attorney’a fees of O’i’Ialveny &Myers end Janes
L,13e.be be fixed at the above mentioned tt~ure for their s*rvices.
2.That attorney fees for preparation of pie adin~e and for the
hearing shall be paid at the hourly rates heretofore authorized for
the re~epect1~e attorneys;this shall not include the co~4ensation f~’
O’Melveny &Myers and James L.beebe.
3.That the actual cost of lodging for said attorneys occasioned
by their sppeara~e .
at the Die trict Court of Appeal for the herein
above specified purpose shall be author zed to be paid in a sum not
to exceed ~,OO per day,
14,That mileage be authorized at the usual rate in connection
with the subject litigation,
BJ~IT ~UR?BER RESOLVED that costs and e~enses in connection
with the above mentioned liti~~ation be paid out of the Joint A~tin-.
istrative Fund of Districts Noa..1,2,3,5,6,7 ax~11.
The tore~oing ~eac~lutitn was introduced by Director_____________
________________________~tho noved its adOption.This r3otion was
aeconded by Director____________________end was carried by the
foUoidn~vote:
NOES:
ABSgNT;
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STATE OP CALIFORNIA)
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aou~r~OF OMNGE )
I,O~A HAJ~1~ERRITT,Secretary of the ~3oard of Directors of
County Sani~at ion Dis~iot ~Aumber of Orange County,Califoz’nia,
hereby certify that tho above enzl foregoThg Resolution was duly and
regularly-adopted at a meet.in~of said Board bald on this_________day
of
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IN W.I1’NESS ~Wi~O1!,I have hereunto set rty hand and seal this
________day or _______________,195
3óeretary of the i~oar*Uót Diree tore
of County Sanitation District No.~
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or Orange County~-Califora1~.
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