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64-306Acctg. Off. RESOLUTION NO. 64R- 306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND JAMES F. CHAVOS, PROVIDING FOR THE FURNISH- ING OF LEGAL COUNSEL TO DEFEND SAID JAMES F. CHAVOS IN A CERTAIN CIVIL ACTION. WHEREAS, a civil action is now pending in the Superior Court of the State of California for the County of Orange with Ronald W. Caspers as the named plaintiff and James F. Chavos as the named defendant; and WHEREAS, James F. Chavos was, at the time of the activities alleged in said civil action, and presently is a member of the Planning Commission for the City of Anaheim; and WHEREAS, Ronald W. Caspers was, at the time of the activities alleged in said civil action, a proponent of an application being heard by the Planning Commission of the City o f Anaheim; and WHEREAS, the City Council of the City of Anaheim determines that it is in the interest of CITY to conduct the defense of James F. Ghavos in the civil action heretofore mentioned; and WHEREAS, the City and said James F. Chavos desire to enter into an agreement setting forth the terms and conditions under which the City will conduct the defense of James F. Ghavos in said civil action· NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that an agreement be made and entered into by and between the City of Anaheim and James F. Chavos, providing for the furnishing of legal counsel by the City to conduct the defense of James F. Chavos in the civil action of Ronald W. Caspers, Plaintiff vs. James F. Chavos, Defendant, Case No. 122846, Superior Court of the State of California, County of Orange, upon the fol- lowing terms and conditions: lo The City shall reserve the right not to pay the judgment, compromise or settlement of said civil action until and unless it is established that the injury arose out of an act or omission occurring within the scope of the employment of James F. Chavos as an employee of the City, as provided in Section 825 of the Government Code of the State of California, and all other rights authorized by law. · The City shall have the right to make such investi- gation, negotiation and settlement of said civil suit as it deems expedient. 3. Nothing in said agreement shall authorize or re- quire the City to pay such part of a claim or judgment as is for punitive or exemplary damages. -1- BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to sign said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 28th day of April, 1964. ATTEST: DENE M. WILLIAMS CITY CLERK dITY "CLEKK 'OF'THE 'C'i'TY' OF ANAHE~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) SS. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 28th day of April, 1964, by the following vote: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and sisned said resolution on the 28th day of April, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of April, 1964. (SEAL) DENE M. WILLIAMS UITY CLERK OF THE c'iTY OF AiqAHEIM Deputy City Clerk -2-