ORDINANCE NO.
158-2012
AN ORDINANCE TO ACCEPT THE RECOMMENDATION OF THE CITY
ATTORNEY; TO AUTHORIZE THE CITY ATTORNEY TO EITHER TENDER
FUNDS OR TO OBTAIN SATISFACTION OF AND PAY JUDGMENTS IN
FAVOR OF JOHN M. SHARP AND H. CRAIG DAVIDSON, JR.
IN THE
COMPLAINT ENTITLED "CITY OF ALEXANDRIA v. CLECO CORPORATION,
ET AL.", CIVIL DOCKET
NUMBER 05-1121 ON THE DOCKET OF THE
UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF LOUISIANA
AND TO APPROPRIATE SUCH
FUNDS OF
THE RISK MANAGEMENT
FUND OF THE CITY TO BE USED FOR PAYMENT OF THE TENDER OR
SATISFACTION OF JUDGMENT
AND TO PROVIDE FOR RELATED
MATTERS.
WHEREAS, in the complaints of John M. Sharp and H. Craig Davidson for
attorney fees in the matter City of Alexandria v. Cleco Corporation, et al., on
the on July 19, 2012 the United States District Court, Western District of
Louisiana entered judgment in favor of John M. Sharp and against the City of
Alexandria in the amount of $700,000.00 plus legal interest from the date of
judgment and cost as provided by law; and in favor of H. Craig Davidson, Jr.
and against the City of Alexandria in the amount of $1,300,000.00 plus legal
interest from the date of judgment and cost as provided by law and dismissed
all remaining claims of Bridgett Brown, concluding “(H)er representation...had
a zero value for awarding attorney fees which would be payable from the public
fisc.” with prejudice; and,
WHEREAS, the City Attorney recommends to the City Council the city either
tender such funds into the registry of the United States District Court to satisfy
the judgments or otherwise obtain receipt and satisfaction of the judgments and
resolve all claims against its interest for attorney fees of John M. Sharp and H.
Craig Davidson, Jr. in the matter; and,
WHEREAS, the City Council has considered the recommendation of the City
Attorney and concurs in the recommendation to compromise and settle all such
disputes; and,
WHEREAS, Alexandria Code of Ordinances Section 2-32(d)(2) provides in any
matter in which the matter in dispute exceeds one hundred thousand dollars
($100,000.00) the city attorney shall give reasonable notice of any decision
or circumstance to the city council through the president or the chair of the legal
committee with respect to which the city's consent is required under the
attorney's Rules of Professional Conduct and no claim or judgment exceeding
one hundred thousand dollars ($100,000.00) may be paid or satisfied with city
funds without the appropriation of funds by the city council which above
recommendation is hereby accepted and approved.
BE IT ORDAINED by the Council of the City of Alexandria, Louisiana:
SECTION I.
BE IT ORDAINED by the Council of the City of
Alexandria, Louisiana, in legal session convened, that the City Council under
the authority of Section 2-32(d)(2) approves the recommendation of the City
Attorney and authorizes the City Attorney to resolve the claims of John Sharp
and H. Craig Davidson as the City Attorney in his sole
discretion believes
reasonable and necessary and to either tender funds into the registry of the
United States District Court, Western District of Louisiana, in the matter City
of Alexandria v. Cleco Corporation, et al., or obtain Receipt and Satisfaction
of Judgment regarding the attorney claims of John M. Sharp and H. Craig
Davidson, Jr. against the City of Alexandria;
SECTION II.
BE IT FURTHER ORDAINED by the Council of the City
of Alexandria, Louisiana, in legal session convened, the sum of Seven Hundred
Thousand and no/100($700,000.00) Dollars is hereby appropriated out of the
Risk Management Fund Account Number 551-020401-531605-0 of the city of
Alexandria for Fiscal Year 2012-2013 to be used by the City Attorney to tender
satisfaction of the judgment or obtain receipt and satisfaction of any judgment
or claims of John M. Sharp; and,
SECTION III.
BE IT FURTHER ORDAINED by the Council of the City
of Alexandria, Louisiana, in legal session convened, the sum of One Million Three
Hundred Thousand and no/100($1,300,000.00) Dollars is hereby appropriated
out of the Risk Management Fund Account Number 551-020401-531605-0 of
the city of Alexandria for Fiscal Year 2012-2013 to be used by the City Attorney
to tender satisfaction of the judgment or obtain receipt and satisfaction of any
judgment or claims of H. Craig Davidson, Jr.; and,
SECTION IV.
BE IT FURTHER ORDAINED by the Council of the City
of Alexandria, Louisiana, that no funding authorized under this ordinance shall
be made payable to any claimant until: The Finance Director and City Attorney
both certify in writing sufficient unencumbered monies exist to make the
payment(s); and 2) the decision, relative to the claimant, of the United States
District Court in the matter entitled "City of Alexandria v. Cleco Corporation, et
al.", Civil Docket Number 05-1121 on the docket of the Western District of
Louisiana is final; and no claimants appeals are pending and/or the City Attorney
deems, in his sole discretion, that payment is appropriate.
SECTION V.
BE IT FURTHER ORDAINED by the Council of the City
of Alexandria, Louisiana, in legal session convened, such sums are hereby
appropriated
out
of
the
Risk
Management
Fund
Account
Number
551-020401-531605-0 of the city of Alexandria for Fiscal Year 2012-2013 as
the City Attorney in his discretion deems reasonable and necessary to pay legal
interest and all court cost of the city incurred with the claims of John M. Sharp
and H. Craig Davidson, Jr.
SECTION VI.
BE IT FURTHER ORDAINED by the Council of the City
of Alexandria, Louisiana, in legal session convened, makes a legislative finding
that no public funds may be appropriated in satisfaction of the Bridgett Brown
disputed claims based upon the Reasons For Judgment of the United States
District Judge of the United States District Court in the matter entitled "City of
Alexandria v. Cleco Corporation, et al.", Civil Docket Number 05-1121 and
dismissed with prejudice all remaining claims of Bridgett Brown, concluding “(H)er
representation...had a zero value for awarding attorney fees which would be
payable from the public fisc.” it being further acknowledged by the City Council
any appropriation of funds for Bridgett Brown would constitute a prohibited
donation under Article VII, § 14 of the Louisiana State Constitution.
SECTION VII.
BE IT FURTHER ORDAINED
this Ordinance shall
become effective upon signature by the Mayor, or, if not signed or vetoed by the
Mayor, upon expiration of the time for ordinances to become law without the
signature by the Mayor.
THIS ORDINANCE WAS INTRODUCED on the 24th day of July, 2012.
NOTICE PUBLISHED on the 27th day of July, 2012.
THIS ORDINANCE having been submitted in writing, introduced and
published on the 27th day of July, 2012 was then submitted to a final vote as
a whole, the vote thereon being as follows:
YEAS:
Fowler, Silver, Villard, Jones.
NAYS:
Gibson, Johnson, Larvadain.
ABSENT:
None.
AND THE ORDINANCE was declared adopted on this 7th day of August,
2012 and final publication was made in the Alexandria Daily Town Talk on the
10th day of August, 2012.
_________________________
____________________________
CITY CLERK
PRESIDENT
__________________________
MAYOR'S APPROVAL/VETO