HomeMy WebLinkAboutResolutions 22-08-618 - 08/15/2022 - Joint Defense Agmt with Atlanta & Sandy Springs L.O.S.T DistributionsRESOLUTIONNO. 2aa-o8"% �8
A RESOLUTION GRANTING SPECIAL COUNSEL AUTHORITY TO ENTER
INTO A JOINT DEFENSE AGREEMENT WITH THE CITY OF ATLANTA AND
THE CITY OF SANDY SPRINGS; TO FILE LEGAL ACTIONS ON THE CITY'S
BEHALF AS NECESSARY TO ACCOMPLISH THE PURPOSE OF SECURING
A DISTRIBUTION OF L.O.S.T.; AND FOR OTHER PURPOSES.
WITNESSETH:
WHEREAS, the City of Milton ("City") is a municipal corporation duly
organized and existing under the laws of the State of Georgia, and is charged with
providing public services to its residents; and
WHEREAS, the City wishes to cooperate with the City of Atlanta and the City of
Sandy Springs through Special Counsel by joining those Cities in a Joint Defense
Agreement wherein the Cities agree to share and exchange among themselves joint
defense materials that are within the "common interest" and are therefore confidential
and protected from disclosure to any third party by the attorney -client privilege, work
product doctrine and other applicable privileges protected by law; and
WHEREAS, the City wishes to cooperate with its fellow cities in negotiation,
' alternative dispute resolution, and possible legal action and work jointly with and through
Special Counsel to achieve a fair distribution of L.O.S.T. proceeds in accordance with the
L.O.S.T. statute; and
WHEREAS, the Mayor and City Council in the exercise of their sound judgment
and discretion, after giving thorough thought to all implications involved, and keeping in
mind the public interest and welfare of the citizens of the City, have determined it to be in
the best interest of the citizens of the City, that this Resolution be adopted.
THEREFORE, IT IS NOW RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MILTON GEORGIA, AS FOLLOWS:
Authorization to Special Counsel. In addition to the authority granted under the
Resolution appointing Special Counsel, the City hereby authorizes Special
Counsel to enter into a Joint Defense Agreement with the City of Atlanta and the
City of Sandy Springs which will allow for the sharing of information without
waiving any privilege held by the City except to the extent authorized in said
Agreement and file any legal action, including appeal, as necessary to secure a
L.O.S.T. distribution certificate consistent with and in accordance the L.O.S.T.
statute as well as choosing a qualified mediator and arbitration panelist.
' 2. Representation of City to Special Counsel. The City represents that it will pay its
portion of legal fees, expert witness fees, and all other costs and expenses of such
legal action incurred by Special Counsel, in the same percentage as was set forth
. in the City's earlier 2022 Resolution authorizing Special Counsel to represent it in
L.O.S.T. negotiations with Fulton County.
3. Additional Documents. The City Council authorizes the Mayor to execute any
documents, including those necessary for legal action, which may be necessary to
effectuate this Resolution.
4. Attestation. The City Council does hereby authorize the City Clerk to attest the
signature of the Mayor appearing on this Resolution and any related documents,
to affix the official seal of the City thereto, as necessary, and to place this
Resolution and an executed copy of any related documents among the official
records of the City for future reference.
5. Severability. To the extent any portion of this Resolution is declared to be
invalid, unenforceable, or nonbinding, that shall not affect the remaining portions
of this Resolution.
6. Repeal of Conflicting Provisions. All City resolutions are hereby repealed to the
extent they are inconsistent with this Resolution.
7. Effective Date. This Resolution shall take effect immediately.
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THIS RESOLUTION adopted this J,h.) day of 2022.
Peyton J ' on, Mayor