CC - Agendas - City Council - REGULAR - 5/13/2014

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crryoF PRESCOTT fxometkt COUNCIL AGENDA MEMO MEETING DATE/TYPES: VOTING SESSION 5-13-14 DEPARTMENT: Legal AGENDA ITEM: Authorization to file an appeal in Case No. CV-13-08236-PCT-JAT, Pure Wafer adv. City of Prescott Approved By: Date City Attorney Paladini, Jon 105/Q5/2014 City Manager McConnell, Craig I Jam- 744- Item Summary Previously a lawsuit was filed by Pure Wafer, Inc., in the U.S. District Court of Arizona (CV-13-08236-PCT-JAT) against the City. On April 17, 2014, Judge James Teilborg issued an Order granting Pure Wafer's request for a permanent injunction and entering a Judgment against the City. The Order included an award of Pure Wafer's attorneys' fees and non-taxable costs. With Council's authorization, the City can file an appeal on this ruling. Background The law firm of Dickinson Wright Mariscal Weeks' has been retained in this case by way of City contract No. 2014-093, which was approved by City Council on November 26, 2013. Upon Council's authorization to file an appeal in this matter, Dickinson Wright will file the appeal under the current contract. Financial Impact Costs for this lawsuit are paid out of the Wastewater Fund. To date the City has paid approximately $111,397.00 for legal services related to this litigation. Recommended Action: MOVE to approve filing an appeal in Case No. CV-13-08236- PCT-JAT.