HomeMy WebLinkAboutResolutions 86-043 N.C.S. 02/24/1986,.1
FEB 18 1996
Resolution No. 86-43 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY OF PETALUMA AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH WILLIAM ROBLEDO EDGAR
TO PROVIDE CERTAIN LEGAL SERVICES PERTAINING TO
CITY OF PETALUMA v. PETALUMA SKY RANCH ASSOCIATES, et al
Superior Court of the State of California, For
The County of Sonoma, No. 136465
WHEREAS, the CITY OF PETALUMA desires to appeal the judgment
heretofore rendered in the above -entitled and numbered eminent domain
proceeding;
WHEREAS, the CITY OF PETALUMA desires to obtain the appellate legal
services of WILLIAM ROBLEDO EDGAR to prosecute said appeal;
WHEREAS, the CITY OF PETALUMA has determined that the
compensation to be paid WILLIAM ROBLEDO EDGAR, an attorney at law and
specializing in civil appellate practice, is fair and proper under all the
circumstances and is a rate not in excess of those which are customarily
paid in this locality for equivalent services;
NOW, THEREFORE, BE IT RESOLVED'1 by the City Council of the
CITY OF PETALUMA that the Mayor or City Manager is hereby authorized
and directed to execute a contract on behalf of the CITY OF PETALUMA with
WILLIAM ROBLEDO EDGAR for the performance of such legal services; a copy of
said Contract is attached hereto and made a part hereof as Exhibit A
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A pr d s
Council of the City of Petaluma at a (Regular) (4c�i iy>frk4)1 �,{rVc meeting
24th February , 19._...._., by the
on the .......................... day of .............. ..._... .
following vote:
r v Attorn
AYES: Cavanagh, Davis, Woolsey, Tencer, V.M. Balshaw, Maymr Mattei
NOES: None
ABSENT: Bon
ATTEST: ................ .............. ..................................................................... ...................W ............_..-----•----••---............._._
City Clerk Mayor
Council File ...................................
CA 10-85 Res. No. ..... 8..6.-.4.3 ... N.C.S
o r -
-CONTRyCT FOR SPEC=AL, LtGAL; SERVICES
T-HIS -AGREEI,iENT is entered into on February 1986, between
th,e`CITY OF- PETALUMA, a California municipal. corporation (herein-
after referred to as "CITY",) , and WILLIAM RO'BLEDO EDGAR (hereinafter
referred to .s "ATTORNEY",)
WHEREAS, CITY is, the plaintiff -n an eminent domain proceeding,
presently pending in the Superior Court of the State of California,
In and For the 'County -of Sonoma, entitled= and numbered therein as
follows: CITY OF "PETALUMA, .a California mun oip'al -:corporation vs.
PETALUT14A SKY RANCH ASSOCIATES, a limited n -r — .- hip, et al. ,
No. 13,6465.(nereinafte"r referred to as "said Eminent Domain proceed-
ing")
WHE SEAS, a judgment has been -.entered in ;said eminent doi^.ai.n
proceeding,
t,i?ERCAS, CI.T:Y. int-end`s to and desires to appeal the judgment
irl sa.1d Em= nent Domalii proceeding t0 tha 'Cbur t of A: aeal of the
State of California; and if necessary to the Supreme Court of the
State of California
WiERI EAS , ATTORNEY has extensive experience in civil appellate
practice, including. eminent domain proceedings,
NOW, THEREFORE , IT I'S AGREED AS FOLLOWS:
l ., .Scope of _'Se.=-vic.es`: Attorney shall perform all legal services
-ne;ces.s:3ry to .pr.osecute-.the appeal of said .judgment in said eminent
domain p.ro.ceeding 'to the Court of Appeal of the State of California,
and.. the Supreme Court of the State of California;
2. Time of.Per,formange,,: The services of Attorney shall commence
forth;
3. Termination of C ntrac,t: This contract shall terminate at the
earliest of the followir.; dates
(a) Upon the issuance to the aforesaid Superior Court of the
remittitur ,by. the Court of Appeal of the State of California
or the-. Supreme Court of the State of California;
(b) Whenever the City Council of CITY determines that the legal
services of Attorney are no longer needed and the CITY
ATTORNEY of City so informs Attorney in writing that his
services are no longer desired by City;
4. Comoensa.tion of Attorney:. CITY shall pay Attorney, as and for
his legal s.ervi.ces, on -an hourly basis, which shall be at the
rate of NINT8TY DOLLARS ($90<0.0) per hour; CITY shall also pay
to Attorney any of .the following costs which he may incur:
(1) Any 'Lees paid by Attorney to any court, court clerk or
county clerk; however, it is understood that CITY is exempt
from court filing fees pursuant to Government Code, section
6103 and Attorney agrees to assert said exemption o- behalf
of CI TY ;
(2) Out--ef-Pocket expenses incurred or paid by Attorney for
preparation (i.e., duplication and. binding) , service and
filing of briefs, m,otions, or petitions pertaining to said
appeal
5, F1a.rine,r of Payment: The compensation to Attorney shall be .paid
by CITY monthly upon receipt of an invoice for payment from
Attorney, satisfactory in form to CITY; specifying the number
of hours,, the date of such hours, and the specific type of services
to which s,ich hours pertain, Said invai-ce-for payment shall
contain a certification by Attorney that it is true and correct
and that he is entitled to receive the amount set forth therein.
Attorney shall maintain adequate records of dates., time spent,
2.
and tvpe--of services rendered upon matterscovered by this
Contract, and Attorney agrees to furnish said records to the
CITY ATTQ:�.NEY upon his demand therefor,
6. Status and authority of Attorney:. Attorney shall be designated
and have the status of a Special Deputy City Attorney and shall
have the authority to perform all acts pertaining to said Eminent
Domain pr..o:ceeding that any deputy of the CITY ATTORNEY would
normally h,av'e. Said Attorney shall. be subject to the authority
of th-e CITY ATTORNEY. and subordinate to him in all matters con-
cerning said, Eminent Domain proceeding.
7. Documents �Obtain.ed by Attorney Pr`on.eft'v a'f "CITY: It is agreed
and understood that all records, files, pleadings, transcripts,
exh4biL-S And documents obtained by Attorney in connection with
his work T)ertaining to said Eminent Domain proceeding are the
Property of CITY, ,and Attorney hereby ag-rees to deliver the
same to 'CITY up.crl any termination of t,hi,s Contract.
8, Not -ices and Cotiriuni,ca t.ions : Unless change � r d b5 w-ri._ten notice,
all future written notices and communications between CITE. any-±
Attorney s':^all be addressed, res.nertively, as follows:
(To CITY) JOSEPH A. FOREST_, Esq..
CITY ATTORNEY
CITY 'OF PETALM A
11 ENGLISH STREET
PETAI:UMA, CALIFORNIA,94952
(To Attorney) WILLIAM ROBLEDO EDGAR.
ATTORNEY AT LAW
1440 BROADWAY, 'Sui.te 51.0
OAKLAND, CALIFOF.N.IA 94612
IN, WITNESS WHEREOF',. CITY and Attorney have executed this
contract on or as of the date first' here'inabove set forth.
ATTORNEY CITY OF P
c.(J 0 �,[. a�v.E4-By' � .l �...
/ T LLIA17,ROBLEDO EDGAR
3.
0
ATTEST:
CITY CLERK
APPRO W7 ''TO E AI ORrI ,AND, DEQUACY :
By
ti..FOREST, City A torney,
Appro ed
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1'iance difid. - 7, uditoi
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