Resolution No. 8896
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RESOLUTION NO. 8896
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON INDEMNIFYING, HOLDING HARMLESS AND
AUTHORIZING THE DEFENSE OF BRUCE V. MALKENHORST,
SR. RESPECTING LASC CASE NO. BC 331516
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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, Bruce V. Malkenhorst, Sr., is the former City
12 Administrator/City Clerk of the City of Vernon; and
13 WHEREAS, the City of Vernon has received a request from
14 Bruce V. Malkenhorst, Sr. pursuant to California Government Code
15 Section 995 to have the City provide for his defense in the Lawsuit;
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17 WHEREAS, the allegations within the Lawsuit are related to
18 actions and/or omissions taken in the course and/or scope of Bruce V.
19 Malkenhorst's duties as the former City Administrator/City Clerk of
20 the City of Vernon; and
21 WHEREAS, the City of Vernon wishes to indemnify, hold
22 harmless and authorize the defense of Bruce V. Malkenhorst, Sr.
23 against any judgment, award, liability, costs, expenses, interest and
24 attorney's fees in the Lawsuit arising out of any act, failure to act,
25 or omission in the performance of his duties and responsibilities as
26 an officer of the City of Vernon; and
27 WHEREAS, the City of Vernon's intent to indemnify Bruce V.
28 Malkenhorst, Sr. is not an admission or a determination by the City of
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1 Vernon as to the merits of any claims or allegations raised in the
2 Lawsuit.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
4 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
6 finds and determines that the recitals contained hereinabove are true
7 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
9 indemnifies, holds harmless and authorizes the defense of Bruce V.
10 Malkenhorst, Sr. against any judgment, award, liability, costs,
11 expenses, interest and attorney's fees in the Lawsuit arising out of
12 any act, failure to act, or omission in the performance of his duties
13 and responsibilities as an officer of the City of Vernon.
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SECTION 3:
The City Council of the City of Vernon hereby
15 approves and authorizes the expenditure of General Fund monies to pay
16 any judgment, award, liability, costs, expenses, interest and
17 attorney's fees in the Lawsuit.
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SECTION 4:
The Acting City Clerk of the City of Vernon
19. shall certify to the passage of this resolution, and thereupon and
20 thereafter the same shall be in full force and effect.
21 APPROVED AND ADOPTED this 9th day of November, 2005.
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./ LEONIS C. MA BURG, ayor
ATTEST:
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28 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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4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 8896, was duly adopted by the City Council of the City
7 of Vernon at a special meeting of the City Council duly held on
8 Wednesday, November 9, 2005, and thereafter was duly signed by the
9 Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, JR.
Acting City Clerk
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(SEAL)
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