 |
AGENDA ITEM REVIEW FORM |
8.
Special City Council Meeting
- Meeting Date:
- 06/25/2019
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
EXECUTIVE SESSION
Vote to hold an Executive Session pursuant to A.R.S. §§38-431.03(A)(3) and 38-431.03(A)(4)
Discussion and possible action to hold an Executive Session pursuant to A.R.S. §38-431.03(A)(3) and A.R.S.§38-431.03(A)(4) on any and all matters regarding consultation with the city's attorneys for legal advice and or in order for City Council to consider its position and instruct its attorneys regarding its position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation concerning the manganese filtration system at Well Site No. 7. (Kay Marion Macuil, City Attorney)
Vote to hold an Executive Session pursuant to A.R.S. §§38-431.03(A)(3) and 38-431.03(A)(4)
Discussion and possible action to hold an Executive Session pursuant to A.R.S. §38-431.03(A)(3) and A.R.S.§38-431.03(A)(4) on any and all matters regarding consultation with the city's attorneys for legal advice and or in order for City Council to consider its position and instruct its attorneys regarding its position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation concerning the manganese filtration system at Well Site No. 7. (Kay Marion Macuil, City Attorney)
SUMMARY:
Mike Woodlock of the law firm of Gust Rosenfeld, P.C. has represented the city since November of 2017 on this complex set of contracts and warranties on the manganese filtration project on Well Site 7. As of the writing of this agenda item, electrical problems with the filtration system continue as a capacitor is in transit to fix the problem. But IWS has filed a lawsuit against the city to obtain the remaining retainage on the project. Mike Woodlock will be present by phone, and can properly advise the Council by holding an Executive Session for the purposes described in the agenda item.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO HOLD AN EXECUTIVE SESSION PURSUANT TO A.R.S. §§38-431.03(A)(3) AND
38-431.03(A)(4).
38-431.03(A)(4).
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- N/A
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
Fiscal impact is not applicable to this agenda item. Under A.R.S. §38-431.03(D), legal action involving a final vote or decision is not permitted to be taken at an executive session.