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HomeMy WebLinkAboutCC RESO 14,659RESOLUTION NO. 14,659 RESOLUTION DECLARING SAPPER CONSTRUCTION COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SAPPER CONSTRUCTION COMPANY WHEREAS, the City Clerk of the City of National City did in open session, on June 6, 1985, publicly open, examine and declare all sealed proposals or bids for doing the work and improvements described in Engineering Specifications No. 971 for drainage construction at the Sweetwater Road Crossing, Road Drain RCB, National City. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby rejects all of said bids except that herein mentioned, and hereby awards the contract for drainage construction in National City to the lowest responsive bidder, to wit: SAPPER CONSTRUCTION COMPANY BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute on behalf of the city, a contract between the Sapper Construction Company and the City of National City to provide drainage construction in National City. PASSED and ADOPTED this 18th day of June, 1985. Kile Morgan, 'ayor ATTEST: Ione Campbell, City CI APPROVED AS TO FO §40314 GOVERNMENT CODE S 40814. Oaths; affidavits; depositions; certifications; acknowledgments The city clerk and his deputies may administer oaths or at1.-orations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state- The acknowledgment 01 311 Instrument may be made before a clry cleric and his deputies within the city In which they were elected or appointed. (Amended by Stats.1965. c 576, p. 12 4. 3 2.) CHAPTER 6. CHIEF OF POLICE 3 41601. Suppression of disorder, etc.; powers and protection 1. In general A city :nay assign its police officers as part of regular duty to perform law en- forcement services at athletic events or other extra -curricular activities conducted by school district. and officers who are assigned need not be licensed as private patrolmen and may wear uniform. badges. etc. of the police force; and similar as- signments may be made of deputies where City has contracted wltb county sheriff for performance of police services within city. which city may not seep reimbursement from school district for providing law en- forcement services nor is the school dis- trict authorized to expend district funds for such services. 49 Ops.Atty.Gen. 136. 6-14- 67, 3 41605. Custody of Jail and prisoners He has charge of the • • • prisoners and of any • • • city jail estab- lished by the Ie_islative body. (Amended by Stats1971. c. 907, p.1 Z6, § L) CHAPTER 7. CITY ATTORNEY Sec. 41803.5 Prosecution of misdemeanors (1-ewl. 41803.7 Subpoenas; issuance (New). 41805. Representation of defendants in crimfral clatters; practice by attorney employee of city (New). 3 41801. Legal advice 1. In general Where city attorney of defendant general law city had never been required by city council to become involved in any fashion in litigation brought by plaintiff and city refused to execute the agreement to submit dispute to arbitration. city would not be es - topped from denying that city attorney had had authority to execute letter agreeing to arbitration. Tn-Corr. Inc. v. City of Haw- thorne (1970) 87 CaLRDtr, 311. 3 C.A.3d 134. Even if city attorney had committed pri- vate intentional tort against hotel trustee 1 41803. Additional legal services Supplementary Index to Notes Arbitration 2 Special couneef 3 1. In general Coast. Art. 5, 113 and ) 12550 do not pro- vide for supervision by Attorney General over city attorneys or city prosecutors even though the latter may often have proeecu- tnnal^s Donal bl!1'; _:.. ;Ja;r Superior Court of City and County of San Francisco (1977) 137 CaLR tr. 14. 560 P.2d 1193. 19 C.Sd 137. Fact that duty to prosecute a municipal ordinance violation in a general law city MAY properly befall Its city attorney be- cause he is an Officer of the city Qualified to appear in court for that purpose doe, not -lean that the person who holds the regular position of city attorney Is the on1Y person who may prosecute such a vlolauon; conditions; private by sending allegedly slanderous letter to trial ;edge pending announcement of court's decision in suit by city against trustee of hotel. trustee's suit against the attorney would be barred by one-year stat- ute of limitation where more than one year elapsed between time tort was cornn,itted and time suit on it was commenced. 11111- er v. Hoagland (1966) 55 CaLRptr. 311. 247 C.A.2d 57. anyone who is so Qualified may serve the city when employed by the city council to do so. including special counsel employed for prosecutorial purposes. SiontgomerY Y. Superior Court of Solano County (1975) 121 CaLRptr. 44. 46 C.A.3d 657. A. city attorney with prosecutorial re- sponsibilities may not defend or assist th the defense of persons accused of crime. since. when s city attorney represents criminal defendants, there arises the pODal- bility that either defendant; .iiterest 10 e vigorous and determined advocacy or the public's interest in the smooth functioning of the crlmmal lustice system will suffer. and since. additionally, public confidence In the integrity of the criminal lusuce system could be adversely affected by the appear" ance of impropriety incident to a public prosecutor's private representation of a criminal defendant People v. Rhodes 110741 t15 Ca1.Rptr. 235, 524 P.2d 363. 17 C. 3d 1d0. Underline Indicates changes or additions by amendment 8