HomeMy WebLinkAboutOCSD 98-45RESOLUTION NO.OCSD 98-45
AUTHORIZING GENERAL COUNSEL TO
APPEAR AND REPRESENT DISTRICT IN ALL
LITIGATION RELATING TO CONSTRUCTION STOP
NOTICE PROCEEDINGS
A RESOLUTION OF THE BOARD OF
DIRECTORS OF ORANGE COUNTY SANITATION
DISTRICT,AUTHORIZING THE GENERAL
COUNSEL TO APPEAR AND REPRESENT THE
DISTRICT IN ALL LITIGATION RELATING TO
CONSTRUCTION STOP NOTICE PROCEEDINGS
WHEREAS,the District awards a considerable number of construction
contracts each year to individuals and privately-owned companies in accordance
with applicable provisions of state law;and,
WHEREAS,as a public agency,the award of its public works contract
provides a legal remedy to laborers,materialmen,and other suppliers and
subcontractors of the District’s general contractor,by allowing the filing of stop
notices pursuant to California Civil Code Section 3179;and,
WHEREAS,the District routinely adheres to statutory procedures and the
District’s own administrative procedures in withholding funds pursuant to a stop
notice;and,
WHEREAS,the parties to the dispute,on occasion,are not able to
resolve their differences,with the result that the District is required,by litigation
procedures,to be included in any litigation between the claimant and the
District’s construction contractor;and,
WHEREAS,the District is allowed by law to recover all of its legal and
other administrative/clerical expenses related to the processing of stop notices
and appearing as a party to any litigation to enforce a stop notice;and,
WHEREAS,the District is required to comply with court rules of procedure
and file its responsive pleading and make necessary appearances before the
Court of proper jurisdiction,and in many instances,to do so prior to a regularly
scheduled Board Meeting.
NOW,THEREFORE,the Board of Directors of Orange County Sanitation
District,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 The General Counsel is authorized to appear on behalf of
the District when named as a party to any litigation relating to the enforcement of
a statutory stop notice relating to a construction project of the District without
further action by the Board of Directors.
Section 2 The General Counsel shall take all measures available to
seek to recover all expenses incurred by the District,including but not limited to,
attorneys’fees,court costs,and clerical/administrative expenses relating to the
processing of stop notices and the appearance in the litigation.
Section 3 The General Counsel shall provide to the Board of Directors
status reports during the course of said litigation and a closing report upon
termination of the legal proceedings.
PASSED AND ADOPTED at a regular meeting held August 26,1998.
ATTES
Board Secr~J~ry
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