Loading...
HomeMy WebLinkAboutResolution 01-53 07/30/2001 . . . RESOLUTION 01-~ i I I AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO RiETAIN OUTSIDE COUNSEL AND COMMENCE I LITIGATION TO PROTECT THE INTERESTS OF THE CITiY I i WHEREAS, Qwest, by letter dated July 18,2001, has advised the City bf Springfield that I it will begin withholding the payment of franchise fees due and payable un;der the Franchise Agreement adopted by Ordinance 5629; and i I I WHEREAS, Qwest has commenced litigation against the City of Pprtland, seeking a declaratory judgment that State statutes and ordinances of the City of Portland: which require the payment of license fees for use of the right of way are preempted by provisions ?f federal law; and I I WHEREAS, Qwest has stated "that the outcome of the Portland case iwill be binding in I Springfield...."; and I WHEREAS, the Council has consulted with the City Attorney with reswect the foregoing; and i I WHEREAS, the City Attorney has advised the Counsel with resped to the rights and responsibilities of the City and the Council has considered the advice of the City Attorney; I NOW THEREFORE, BE IT RESOLVED, that the City Attorney lis authorized and directed to take such steps as shall be necessary to protect the interests of the City, including the I commencement of litigation, either independently or by intervention in the jexisting litigation between Qwest and the City of Portland; and I I I BE IT FURTHER RESOLVED, that the City Attorney is authorized an~ directed to retain such outside counsel as, in the opinion of the City Attorney, shall be necessaryl and convenient to prosecute the action and protect the interest of the City; and I I I BE IT FURTHER RESOLVED, that there is authorized to be exp~nded by the City Attorney, from sums designated for such litigation, such money as the City Attorrley shall determine shall be required to fulfill the purposes of this resolution. I I Adopted by the Common Council of the City of Springfield, Oregon, this I 30th July ,2001. day of Adopted by a vote of ~ for and ~ against. ( ATTEST: ~Ci~ ayor i I REVIEWED & AAPROVED TO FORM : .;) 1;...!'''~ ~: L ~..f\\~ \ DATE:"\ 2:1: 200 \ _ OFFICE OF CITY! ATTOR!\IFV , I I