RES 2018-02 Adopted RESOLUTION NO. 2018-02
A RESOLUTION AUTHORIZING THE PAYMENT OF ATTORNEY'S FEES AND
COSTS RELATED TO DEFENSE OF ACTION FILED BY CAROLINA PINES I, LLC
AGAINST THE CITY OF NORTH AUGUSTA. SUCH ACTION BEING ACTION NO.
3:16-1124-TLW IN THE UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH
CAROLINA, COLUMBIA DIVISION.
WHEREAS, the City was named as a Defendant in a lawsuit involving multiple
cities and counties as well as other organizations within the State of South Carolina, such
action being related to disposal of electronic waste; and
WHEREAS, by Resolution No. 2016-32, the Mayor and Council authorized
settlement of the case and at that time, authorized the payment of $17,000.00 in order to
settle the case; and
WHEREAS, the City has completed the settlement and has been given a total release
related to such litigation, although the litigation remains active and is moving forward
against other named Defendants; and
WHEREAS, of the $17,000.00, payment of$11,000.00 was made to Carolina Pines
I, LLC; and
WHEREAS, the City has paid to Davidson & Lindemann, PA, the attorneys who
represented the City in such action, the amount of$6,000.00 towards attorney's fees; and
WHEREAS, the attorney's fees were estimated, at the time of the settlement
authorization, without full knowledge as to how much additional work would be required in
order to complete the settlement; and
WHEREAS, the total fees and costs to the City resulting for such representation was
$7,499.83, which leaves a balance owing for attorney's fees and costs in amount of
$1,499.83.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
City of North Augusta, in meeting duly assembled and by the authority thereof, that:
1. The Director of Finance is hereby directed to pay to Davidson & Lindemann,
PA the sum of $1,499.83 to complete the payment of fees related to the
representation for the litigation.
2. That these funds shall be paid out of the Sanitation Services Fund
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE// DAY F J NUARY,201:
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Ro I ert A. Pettit, Mayor
ATTEST:
• 2+-4-4-
Donna B. Young, City Clew