File #: 19-0122    Version: 1 Name: A Resolution to Approve Joining in Filing an Amicus Brief to the Alabama Supreme Court
Type: Resolution Status: Adopted
File created: 2/22/2019 In control: City Council
On agenda: 3/4/2019 Final action: 3/4/2019
Title: A Resolution to Approve Joining in Filing an Amicus Brief to the Alabama Supreme Court

Title

A Resolution to Approve Joining in Filing an Amicus Brief to the Alabama Supreme Court

 

Summary

Description of Topic: (who, what, where, when, why and how much)

This is a resolution to join in filing an amicus brief to the Alabama Supreme Court in a pending case involving the City of Daphne which concerns municipal liability issues.  The cost to the City will be a pro-rata fraction of the attorney's fees and costs, spread over the City of Foley and the other municipalities who participate (which will include at least two other municipalities), and it is anticipated that this will be under $3,000 to Foley.

Budgetary Impact:

   Non-Capital Item:

      ____ Budgeted under account #_______________ (discussion item)

      ____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**

      ___X_ Not budgeted requiring increase to account #100-1010-6021 Legal Fees__ in the amount of $_2,000.00__.**Request to Increase Departmental Budget Dollars form must be attached**

 

   Capital - Departmental **Capital Purchase Worksheet form must be attached**

      ____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of  $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**

      ____ Not Budgeted - account #_____ requires budget increase of $3,000.00.**Request to Increase Departmental Budget Dollars form must be attached**

 

   Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**

      In current year Capital Projects Plan: 

        _____ Yes, described as __________________________, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________

        _____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.

        _____ No, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.

 

Body

 

     WHEREAS, the City of Foley can join in filing an amicus brief to the Alabama Supreme Court in a pending case involving the City of Daphne which concerns municipal liability issues, and

WHEREAS, the cost to the City will be a pro-rata fraction of the attorney's fees and costs, spread over the City of Foley and the other municipalities who participate (which will include at least two other municipalities), and

WHEREAS, it is anticipated that this will be under $3,000 to the City of Foley.

 

     NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:

     SECTION 1:     Approves joining  in filing an amicus brief to the Alabama Supreme Court.

     SECTION 3.     Approves the expenditure in the amount of $2,000 for the legal fees under Account No. 100-1010-6021 Legal Fees.

     SECTION 4:     This Resolution shall become effective immediately upon its adoption as required by law.