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<br />City of San Antonio <br />July 3, 2008 <br />page 2 <br /> <br />In my opinion, the City has everything to gain, and nothing to <br />lose, by participating in the class action litigation. As pointed <br />out in the notice, the city of La Porte will have no obligation to <br />pay any of the costs or attorneys fees involved in the litigation <br />at this time. As in a personal injury lawsuit, if the class <br />prevails, the Court will award attorneys fees and non taxable <br />costs, as authorized by law, which will come out of the damages <br />awarded. On the other hand, if the cities do not prevail in the <br />lawsuit, the class action attorneys will have to pay these costs. <br /> <br />I have prepared and enclosed a form of ordinance for consideration <br />by City Council, electing the recommended Option. If City staff <br />wishes to make a different recommendation, please advise me, and I <br />will prepare an appropriate ordinance for consideration by City <br />Council. <br /> <br />Please call me if you have any questions. <br /> <br /> <br />y~;;zL <br /> <br /> <br />Knox W. Askins <br />City Attorney <br />City of La Porte <br /> <br />KWA: sw <br />Enclosures <br />cc: Ms. Martha A. Gillett <br />City Secretary <br />City of La Porte <br />City Hall <br />La Porte, Texas <br />