Loading...
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 11-1(slo"th