HomeMy WebLinkAbout1979-214
l?ail Be;-hardino
60,009-4-2
RESOLUTION NO. ~y
RESOLUTION OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING LITIGATION TO COMPEL THE
CITY CLERK TO PUBLISH A NOTICE
WHEREAS, the Mayor and Common Council of the City
of San Bernardino published the following resolution entited:
"RESOLUTION OF THE MAYOR AND COM!10N
COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE CITY
CLERK TO PUBLISH A NOTICE CALLING
FOR APPLICATIONS FROM COMPANIES
INTERESTED IN ENTERING INTO PROJECT
FINANCING AGREEMENTS UNDER ORDINANCE
NO. 3B15"
and
WHEREAS, the City Clerk, although being in favor
of the concept, has respectfully refused to publish the
Notice calling for Applications on the ground that it is
in excess of the powers of the Mayor and Common Council,
because the Ordinance is, or may be, invalid.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
ORDERED AS FOLLOWS:
D14B-4(ic)
5/16/79
San. Bernardino
60',009-4-2
Section 1. The City Attorney of the City of San
Bernardino, assisted by the law firm of James Warren Beebe,
A Law Corporation, are hereby authorized and directed to
institute and carry to conclusion an appropriate legal action
to compel the City Clerk to publish the Notice attached to
the Resolution referred to in the recitals hereof.
Section 2. The counsel fees shall be computed on
an hourly basis at the rate of $75 per hour for senior
attorneys, $65 per hour for junior attorneys and $35 per
hour for research personnel, plus normal out-of-pocket
expenses.
Section 3. The City Clerk has selected Robert J.
Bierschbach, Esq. of the firm of Surr & Hellyer to represent
her in the action, and the fees of such firm shall be
computed on the same basis as in Section 2 of this Resolu-
tion.
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
,/t:fLj!'AJ
meeting thereof, held
-2-
0148-5 {icl
5/16(79
San 1!lerna:rdino
60;'009-4-2
.
on the 01/ ~Jj
day of
~
, 1979, by the
following vote, to wit:
AYES:
.j ,1
Council Members >J,Li"Ji/. c;;<;;;~ ~~ar
yk.L"" ~!k/..t~ '
.
NOES:
, ./Y'U-x ~;,
ABSENT:
~AV"'~<oi!nu~ d/l~At~L ~;,L/}.J
,
~~zh
Ci ty" Clerk
The foregoing Resolution is hereby approved this
c:; f /It day Of/flat
Approved as to Form:
~~~
City At orney
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D148-6(ic)
5/16/79