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RES 1989-04 MACO EXPERT WITNESS FEE r RESOLUTION 4 -89 WHEREAS, the State of Montana, the Department of Revenue, and several Montana Counties were named as Defendants in various litigation brought by Pacific Power and Light Company, et al.,to invalidate those provisions of Montana Law imposing certain "beneficial use" taxes upon their utilization (the "beneficial use ") of the Bonneville Power Administration 500 KV electrical power transmission line from Toston to the Idaho boarder; and WHEREAS, this litigation directly and indirectly affected the Montana counties of Broadwater, Jefferson, Powell, Granite, Missoula, Mineral and Sanders; and WHEREAS, the Department of Revenue and their legal counsel were defending the case and continued to do so; and WHEREAS, there was an identified need for an expert witness to testify in such litigation as to the "use" provisions associated with high voltage transmission line systems; and WHEREAS, the above - mentioned counties, with the exception of Missoula County (which refused to pay any share of the cost of the expert witness even though it stood to benefit from the litigation), determined that their participation in the litigation was in the interest of the public in each of said counties; and WHEREAS, the Board previously adopted Resolution 18 -88 allowing for payment of $1000.00 for its share of said expert witness; and WHEREAS, the costs associated with contracting for an expert witness exceeds the previous amount by $313.34, in part because of Missoula County's refusal to pay its "share" of said costs; and WHEREAS, the litigation was concluded in favor of the counties. NOW THEREFORE BE IT RESOLVED that Jefferson County, having agreed in a public meeting to bear the costs associated with contracting for the expert witness, do hereby agree to exceed the original cost by $313.34 and to pay such additional sum toward such expert witness costs. BE IT FURTHER RESOLVED that said sum shall be paid to the Montana Association of Counties, which will act as paying agent for the counties, and, will assess and collect a similar sum from each county (with the exception of Missoula County), and will pay the said expert all balances of fees remaining due. DATED this 3rd day of January, 1991, effective nunc pro tunc as of February 29, 1989, ATTEST. CLERK & RECORDER J C JANAC 0, CHAIRPERSON ev JEFFERSON COUNTY BOARD OF COMMISSIONERS JA M B. MCCAUL Y, COMMISSIQ ER DAVID R. ANDERSON, COMMISSIONER