HomeMy WebLinkAboutResolution No. 17-07-436STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 17-07-436
A RESOLUTION OF THE CITY OF MILTON AUTHORIZING
THE APPOINTMENT OF CONFLICT COUNSEL
WHEREAS, pursuant to O.C.G.A. § 36-35-3, municipal corporations have the legislative
power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property,
affairs, and local government; and
WHEREAS, Jarrard & Davis, LLP is the City Attorney for the City of Milton, Georgia;
WHEREAS, Jarrard & Davis, LLP has identified a potential conflict of interest with
respect to representing the City of Milton in the case Fulton County Tax Commissioner, Arthur
Ferdinand, et al v. Drive Time Car Sales Company, LLC, et al; CAFN: 2017CV290578; Superior
Court of Fulton County; and,
WHEREAS, Jarrard & Davis, LLP has also identified a potential conflict related to issuing
a certain legal opinion regarding the ability of Forsyth County to provide sewer service to certain
parcels in Milton;
WHEREAS, Jarrard & Davis, LLP is requesting that the City Council authorize Jarrard &
Davis, LLP to select conflict counsel to provide said legal services; and,
WHEREAS, the City Council believes it is appropriate and in the best interest of the City
to authorize Jarrard & Davis, LLP to appoint conflict counsel, and for said conflict counsel to
charge the same hourly rate as Jarrard & Davis, LLP.
THEREFORE, IT IS HEREBY RESOLVED;
That Jarrard & Davis, LLP is hereby authorized to appoint Richard Carothers, Esq., to
represent the interests of the City of Milton in the case Fulton County Tax Commissioner, Arthur
Ferdinand, et al v. Drive Time Car Sales Company, LLC, et al;
That Richard Carothers, Esq., is also appointed to issue a legal opinion to the City regarding
whether Forsyth County can legally provide sewer service to certain parcels in Milton that are in
or near the boundary of the Milton Golf and Country Club; and,
The counsel so appointed shall provide services at the same hourly rate as Jarrard & Davis,
LLP.
The public health, safety, and welfare demanding.
So approved this 10TH day of July, 2017.
Approved:
Joe Lo wo , ayor, City of Milton
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Karen Thurman, District 1, City of Milton
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Matt
Kunz, District 2, City i ton
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Wi liam C. Lusk, District 2, City of Milton
Burtewitt, District 1, C' of Milton /
Joe gori , istrict 3, City o ilton
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Rick Mohrig, District 3, City of M' t
Attest:
Sudie Gordon, Clerk, Citj of Milton