HomeMy WebLinkAboutResolution 01-53 07/30/2001
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RESOLUTION 01-~ i
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AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO RiETAIN
OUTSIDE COUNSEL AND COMMENCE I
LITIGATION TO PROTECT THE INTERESTS OF THE CITiY
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WHEREAS, Qwest, by letter dated July 18,2001, has advised the City bf Springfield that
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it will begin withholding the payment of franchise fees due and payable un;der the Franchise
Agreement adopted by Ordinance 5629; and i
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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
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WHEREAS, Qwest has stated "that the outcome of the Portland case iwill be binding in
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Springfield...."; and I
WHEREAS, the Council has consulted with the City Attorney with reswect the foregoing;
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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;
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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
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commencement of litigation, either independently or by intervention in the jexisting litigation
between Qwest and the City of Portland; and I
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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
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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
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Adopted by the Common Council of the City of Springfield, Oregon, this I 30th
July ,2001.
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Adopted by a vote of ~ for and ~ against.
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ATTEST:
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REVIEWED & AAPROVED
TO FORM :
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DATE:"\ 2:1: 200 \ _
OFFICE OF CITY! ATTOR!\IFV
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