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1969-420 Authorizing Manager to Employ Nason, Gilden & Yeager to represent defendants - Bankers Live & Casualty v. NPBRF,SOLUTION N0. 420-69 A RF,SOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, 1'hORIDA, AUTHORIZING AND DIRF,CTING THE VILLAGE MANAGER TO EMPLOY TIH: LAW FIRM OF NASON, GILDAN & YAEGER TO REPRESENT THE DEFENDANTS ' IN TIIF, CAUSE STYLED "BANKERS LIFE AND CASUALTY COMPANY, AN ILLINOIS CORPORATION, VS. THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ET Ah" AND SF,TTING FORT}I PROVISIONS FOR PAYMENT OF FEES AND COSTS IN CONNECTION TUI;R}:WITH WHF:REAS, Rankers 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 Yalm Beach, all jointly and severally, and WHERF,AS, 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 WI[ERF,AS, said law suit also seeks a mandatory injunction requiring the Village Council and the Village to grant a permit wider Florida Statutes, Section 253.124, to dredge and fill certain lands cl.ai.med to be owned by Plaintiff, and WI[F,RF,AS, Plaintiff seeks to recover back certain property taxes in excess of $192,000.00 and to cancel future property taxes, and WIo-:REAS, the suit arises from action taken by the Village Council sitting as a Council in Regular Session on July 10, 1969, and WHERF,AS, said complaint and the relief sought places a cloud over the i'inanci.al liabilities of the Village of North Palm Beach, and upon the. ability of the Council to function as a legislative body, and W1(EREAS, because of the above styled law suit and i'or the protection of the public health, safety, welfare and property, immediate ]egal 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, THERF,FORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTII PALM BEACH, FLORIllA: 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, Ylorida, et al, Case No. 69 1053-Civ-CF, United States ilistrici 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. /s/ Thomas F. Lewis MAYOR ATTEST: /s/ llolores R. Walker Village Clerk 1 - 2 -