HomeMy WebLinkAboutAgenda Statement 1980/04/15 Item 11
COUNCIL AGENDA STATEMENT
Item 11'
Meeting Date 4/15/80
ITEM TITLE: Resolution /tI"/~Providing for the appropriation of funds for payment of
. attorney's fees - Nelson v. City of Chula Vista
SUBMITTED BY: City Attorney
(4/5ths Vote: Yes X No_)
BACKGROUND:
On February 20, 1980, this office forwarded to the City Council a memo explaining
that the final legal fees in the Nelson case (the inverse condemnation action fdr
which the City was fully reimbursed by the developer i:n the amount of $27,519.50)
had been received by the City. Although the fee was due and owing at that time,
I suggested that we await a response from both the insurance carrier and the
developer before payment of the fee. No definitive answers have been received
from either party and nearly two months have now elapsed.
RECOMMENDATION: That the City Council appropriate the amount of $6,885.07 as
payment for Attorney Reeve Jacques.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
The City Attorney's office will continue to pursue recovery from the insurance
company and the developer of this portion of the inverse condemnation action. If
both parties fi'rially reject the demand for payment, the City Attorney will request
authorization from the Council to file suit against both the Chubb Pacific Insurance
Company and Robinhood Homes, Inc. to recover the $6,885.07.
FISCAL IMPACT: Appropriate $6,885.07 from the unappropriated balance of
the General Fund.
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Form A-113
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(Rev. 11/79)
Agreement____ Resolution
EXHIBITS
Ordinance Plat Notification List
---- ----
Other
ENVIRONMENTAL DOCUMENT: Attached
Submitted on
Amount $ 6,885.07 Fund Genera 1
Purpose Payment of Attorney's Fees - Nelson v.City of Chula Vista
Bidder N/A
100 0700 5233 4~-//d--
/ Director of Finance
The City of Chula Vista
Date 4/10/80 By
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Form No. F-229
12/73
,\
CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unappropriated Balance
I HEREBY CERTIFY that the money required for the
appropriation of funds for the purpose set forth in the attached
resolution is available in the Treasury, or is anticipated to
come into the Treasury, and is otherwise unappropriated.
Certification of Unencumbered Balance
I HEREBY CERTIFY that the indebtedness and obligation
to be incurred by the contract or agreement authorized by the
attached resolution can be incurred without the violation of any
of the provisions of the Charter of the City of Chula Vista, or
the Constitution or the laws of the State of California, that
sufficient monies have been appropriated for the purpose of said
contract, that sufficient monies to meet the obligations of the
contract are actually in the Treasury, or are anticipated to come
into the Treasury to the credit of the appropriation from which
the same are to be drawn, and that said monies now actually in
the Treasury, together with the monies anticipated to come into
the Treasury, to the credit of said appropriation are otherwise
unencumbered.
Amount Not to Exceed $
Director of Finance
The City of Chula Vista
Date
By
Fund
Dept./Activity
Purpose
Bidder
Certificate No.
64