Resolution 04733R SOLUTION 4733
L0T)IZT
AMT IL
T
ITIG rIT-7, 1',PPROPRIATI07,11 OF
�"��300.00
TO
J�SSIST
IN TT-T:
'ROS]ECUTIOTST OF AN ACTT0, T
RIE'LATING
TO
1PL_J1 0 'E
FlZANCHISE
WMEREAS, the City of Petaluma instituted an action against the Pacific
Telephone and Telegraph Company to compel said company to secure a franchise from
said city; and
1,1,flITIREASI said case was decided adversely to said city in the trial. court
'I
and an appeal from said trial court's decision has been taken; and
VEER AS, the legal points involved in said case are complex and far-reaching,
and if decided adversely to said city may be detrimental to the best interests of the
City of Alameda, and if decided favorably to said city may be very beneficial to the
City of.Alameda; and
TT because of the complexity of the legal probles involved, it is
, HEHEAS) m
deemed advisable to employ an expert in the field of franchise law to prepare briefs
and present oral arF.,tv-.,qent before the appellate courts; and
-'M
,IEIRE'S, the City of Alameda may employ any person for the purpose of
furnishing to the city special legal services if such persons are especially trained
and. experienced and competent to perform the special services required and may
jointly exercise such poi,4er with other cities pursuant to the provisions of
Government Code Sections 530060 and 6,500-6513; and
WEEREAS, Stephen B. Robinson is an outstanding expert in the field of
franchise law and is ivell qualified to prepare said briefs and present said argument;
and
"I the City of,Alameda desires to join with other cities in the
IZTEII� 11%S $
State of California to employ Stephen B. Robinson for the purpose hereinabove set
forth;
NOV1 THIEREFOIE , 1-3-E, !T 1ESOLVED BY THE' CUUNCIL FO -,`11] CITY OF ALI�MDA. that
the slim of $300.00 is hereby appropriated from the General Fund for use by the City
of Petaluma in the employnient of Stephen B. Robinson to t)repare opening and reply
briefs and present oral argument before the appellate courts of this state in City
of Petaluma v. Pacific Telephone and Telegraph Corporation, 3 Civ. 83.57, District
Court of Appeal, Third District.
TIE IT F111ITTIPER 1ESOL TED that the City of Petaluma shall: (a) Enploy
Stephen B. Robinson for said purpose and execute such employment agreement as .may be
necessary; (b) Upon termination of such employment, report all receipts and disburse-
ments in connection with such employment to the City of Alameda; and (a) Upon conclu-
sion of all proceedings in the appellate courts of this state.of said case., return
to the City of Alameda any surplus money on hand, in proportion to the City of
Alamedats contribution to the fund for such employment.
HELOLTIPM, FITRIPTIER, that the City of lilameda, shall not be liable in connec-
tion with the employment of Stephen .B. 1-Hobinson for the preparation of briefs and
the presentation of oral argwiient in City of Petaluma v. Pacific Telephone and
Telegraph Corporation, 3 Civ. 8357, District Court of Appeal, Third District, for
any sLua in excess of the contribution provided herein.
BE IT FURTHER RESOLTED that this resolution shall not become operative
until the City of 111ameda is notified in i-%lriting by the City Clerk of Petaluma
that the City Council of Petalixr,-.a, has employed Stephen B. Robinson to prepare briefs
and present oral argument in City of Petaluma v. Pacific Telephone and Telegraph
Corporation, 3 Civ. 8357, District Court of Appeal, Third District, and has agreed
by resolution to the terms (a), (b) and (c) hereinabove set forth.
IM,
1, the undersigned, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted by the Council of the City of Alameda
in regular meeting assembled on the 17th day of February, 1)53, by the following
vote, to wit:
AYES: Councilmpn Anderson, Branscheid, Jones, Sweeney and President
Osborn, (5).
NOES: None.
ABSENT: None.
IN !Tv7T-1','REOF2 i have hereunto set my hand and affixed the official
seal of said City this 18th day of February, 1953.
WIRLEY H. TENNIER
City Clerk of the City of Alameda
I hereby certify that the foregoing is a full A true and correct copy of
"Resolution No. 4733, AUTHORTUNG. 'IIP APPRMZIATION OF "300.00 TO ASSIST IN TEE
PROSECUTTG9 OF AN ACTION RELATING TO T1111ATUCATE FEANCHISE", introduced and adopted
by the Council on the 17th day of February, 1953.
Pro/
PW
i ty 0107
k" City of Alameda
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