HomeMy WebLinkAboutReso 1953-1410 RESOLUTION NO. 1410
WHEREAS, 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
WHEREAS, said case was decided adversely to said city in the trial court
and an appeal from said trial court's decision has been taken; and
WHEREAS, 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 Chula Vista , and if decided favorably to said city may be very
beneficial to the City of Chula Vista, ; and
WHEREAS, because of the complexity of the legal problems involved, it is
deemed advisable to employ an expert in the field of franchise law to prepare
briefs and present oral argument before the appellate courts; and
WHEREAS, the City of Chula Vista 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 power with other cities pursuant to the provisions
of Government Code Sections 53060 and 6500--6513; and
WHEREAS, Stephen B. Robinson is an outstanding expert in the field of fran-
chise law and is well qualified -to prepare said briefs and present said argument;- :
and
WHEREAS, the City of Chula Vista desires to join with other cities in
the State of California to employ Stephen B. Robinson for the purpose herein-
above set forth; now, therefore, .
THE CITY COUNCIL OF THE CITY OF,',14. ni i DOES RESOLVE AS FOLLOWS:
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Section 1. The sum of kg O.-U4A.Q 1 0$.5- n o-) is hereby
contributed to the City of Petaluma for the purpose of employing Stephen B.
Robinson to prepare opening and reply briefs and present oral argument before
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the appellate courts of this state in City of Petaluma v. Pacific Telephone
and Telegraph Corporation, 3 Civ. 8357, District Court of Appeal, Third District.
Section 2. The City of Petaluma shall:
(a) Employ 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
disbursements in connection with such employment to the City of Chula Vista ;
and
(c) Upon conclusion of all proceedings in the appellate courts of
this state of said case, return to the City of Chula Vista any surplus money
on hand in proportion to the City of Chula Vista 's contribution to the fund
for such employment.
Section 3. The City of Chula Vista shall not be liable in connection
with the employment of Stephen B. Robinson for the preparation of briefs and
the presentation of oral argument in City of Petaluma v. Pacific Telephone and
Telegraph Corporation, 3 Civ. 8357, District Court of Appeal, Third District,
for any sum in excess of the contribution provided herein by Section 1 of this
resolution.
Section 4. This resolution shall take effect February 17th, 1953, but
shall not become operative until .the City of Chula Vista is notified in
writing by the city clerk of Petaluma that the city council of Petaluma 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 of Section 2 of this resolution.
Section 5. The city clerk shall certify to the adoption of this resolution.
Adopted and approved this 17th... of February, 1953.
MAYOR
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OP
CHULA VISTA, CALIFORNIA, this 1 7th idgsr of February( ,,19 5 ,
by the following vote, to-wits
AYES: COUNCILMEN Hai,,fertyx,,Riesland, Lo,,anl DeWolfe_
NAYS;" COUNCILMEN. None
ABSENT: COUNCILMEN Hobel
; or o' e a. yof at e a
ATTEST: .', '� /
y C ,•
by
STATE OF CALIFORNIA )'
COUNTY OF SAN DIEGO ) ss.
CITY OP CHULA J'ISTA )
I, Kitx ngtk,p�,CAmBb,41 s . , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above
and foregoing is a full,• true and correct copy of Resolution
No. l0 , and that the same has not been amended' or
repealed.
DAD: February 17, 1953
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