Resolution No. 8894
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A RESOLUTION OF THE CITY COUN~IL OF THE CITY OF ~\J
VERNON INDEMNIFYING, HOLDING HARMLESS AND \
AUTHORIZING THE DEFENSE OF COUNCILMAN WILLIAM DAVIS
RESPECTING LASC CASE NO. BC 331516
RESOLUTION NO.
8894
7 WHEREAS, a cross complaint against the City of Vernon and
8 Leonis C. Malburg, Thomas A. Ybarra, Hilario Gonzales, William Davis,
9 Eric T. Fresch and Bruce V. Malkenhorst, Sr., individually, has been
10 filed in LASC Case No. BC 331516 (the "Lawsuit"); and
11 WHEREAS, William Davis serves as a Councilman of the City of
12 Vernon; and
13 WHEREAS, the City of Vernon has received a request from
14 William Davis pursuant to California Government Code Section 995 to
15 have the City provide for his defense in the Lawsuit; and
16 WHEREAS, the allegations within the Lawsuit are related to
17 actions and/or omissions taken in the course and/or scope of William
18 Davis' duties as a Councilman in the City of Vernon; and
19 WHEREAS, the City of Vernon wishes to indemnify, hold
20 harmless and authorize the defense of William Davis against any
21 judgment, award, liability, costs, expenses, interest and attorney's
22 fees in the Lawsuit arising out of any act, failure to act, or
23 omission in the performance of his duties and responsibilities as an
24 officer of the City of Vernon; and
25 WHEREAS, the City of Vernon's intent to indemnify William
26 Davis is not an admission or a determination by the City of Vernon as
27 to the merits of any claims or allegations raised in the Lawsuit.
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1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
2 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
4 finds and determines that the recitals contained hereinabove are true
5 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
7 indemnifies, holds harmless and authorizes the defense of William
8 Davis against any judgment, award, liability, costs, expenses,
9 interest and attorney's fees in the Lawsuit arising out of any act,
10 failure to act, or omission in the performance of his duties and
11 responsibilities as an officer of the City of Vernon.
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SECTION 3:
The City Council of the City of Vernon hereby
13 approves and authorizes the expenditure of General Fund monies to pay
14 any judgment, award, liability, costs, expenses, interest and
15 attorney's fees in the Lawsuit.
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SECTION 4:
The Acting City Clerk of the City of Vernon
17 shall certify to the passage of this resolution, and thereupon and
18 thereafter the same shall be in full force and effect.
19 APPROVED AND ADOPTED this 9th day of November, 2005.
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ATTEST: ~
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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1 STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8894, was duly adopted by the City Council of the City
of Vernon at a special meeting of the City Council duly held on
Wednesday, November 9, 2005, and thereafter was duly signed by the
Mayor of the City of Vernon.
BRUCE V. MALKENHORST, JR.
Acting City Clerk
(SEAL)
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SUPPORTING
DOCUMENTS
CONADENTIAL
October 25, 2006
CLOSED SESSION
I have been served with the cross-complaint filed by Eduardo Olivo.
The allegations appear to be related to actions or omissions of mine taken
in the course and/or scope of my employment and duties as a Councilman
for the City of Vernon. Accordingly, I am requesting, under California
Government Code Section 995, that the City of Vernon provide for my
defense in this civil action.
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--;:~liam Davi~
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