HomeMy WebLinkAboutRes 1969-420 Authorizing Manager to Employ Nason, Gilden & Yeager to represent defendants - Bankers Live & Casualty v. NPBRESOLUTION NO. 420-69
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE VILLAGE MANAGER TO EMPLOY
THE LAW FIRM OF NASON, GILDAN & YAEGER TO REPRESENT THE DEFENDANTS
IN TILE CAUSE STYLED "BANKERS LIFE AND CASUALTY COMPANY, AN ILLINOIS
CORPORATION, VS. THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ET AL"
AND SETTING FORTH PROVISIONS FOR PAYMENT OF FEES AND COSTS IN CONNECTION
THEREWITH
WHEREAS, Bankers Life and Casualty Company has sued The
Village of North Palm Beach, the Mayor, Vice -Mayor and members of the
Village Council of The Village of North Palm Beach, the Village Manager
and the Village Tax Assessor and Tax Collector of The Village of North
Palm Beach, all jointly and severally, and
WHEREAS, said law suit prays for damages in excess of
$10,000,000 against the Village of North Palm Beach and against Council-
men Privett, Bell and Everard, individually, and
WHEREAS, said law suit also seeks a mandatory injunction
requiring the Village Council and the Village to grant a permit under
Florida Statutes, Section 253.124, to dredge and fill certain lands
claimed to be owned by Plaintiff, and
WHEREAS, Plaintiff seeks to recover back certain property
taxes in excess of $192,000.00 and to cancel future property taxes, and
WHEREAS, the suit arises from action taken by the Village
Council sitting as a Council in Regular Session on July 10, 1969, and
WHEREAS, said complaint and the relief sought places a cloud
over the financial liabilities of the Village of North Palm Beach,
and upon the ability of the Council to function as a legislative body, and
WHEREAS, because of the above styled law suit and for the
protection of the public health, safety, welfare and property, immediate
legal action must be taken to properly safeguard the rights of the
citizens of the Village of North Palm Beach, to insure that any acts
of the Village Council, Village Manager, Village Tax Assessor and Tax
Collector are proper and legal, to insure the proper defenses of the
above styled cause, to insure the legality of the Council's acts
in performing its prescribed duties, it is imperative that legal
counsel be retained,
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
NORT11 PALM BEACH, FLORIDA:
Section 1. The Village Manager is hereby authorized and
directed to employ the law firm of NASON, GILDAN & YAEGER as legal
counsel to represent the defendants in a cause styled "Bankers Life
and Casualty Company, an Illinois Corporation, vs. The Village of North
Palm Beach, Florida, et al, Case No. 69 1053-Civ-CF, United States
District Court for the Southern District of Florida, or such additional
counsel as may be needed to adequately and fully defend the legal
rights of the defendants. The Village Manager is further directed to
establish budgetary reserves for the cost of defending said law suit.
PASSED ANII ADOPTED THIS 18TH DAY OF SEPTEMBER, 1969.
ATTEST:
/s/ Dolores R. Walker
Village Clerk
1
/s/ Thomas F. Lewis
MAYOR