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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-2791 1 Rev. 1 Rev. 2: CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95- a 7q Temp. Res. #7258 Page 1 October 27, 1995 November 8, 1995 November 15, 1995 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING PAYMENT OF LEGAL EXPENSES RELATED TO THE APPEAL OF GLASSER, ET AL. V. CITY OF TAMARAC, ET AL./STRAUSS, ET AL. V. CITY OF TAMARAC, ET AL., [CASE NO. 93-3664/L.T. CASE N0. 92-3143(25)/NO. 92-13054(25) (CONSOLIDATED)]; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 8, 1993, Judge Leonard Fleet issued a Final Declaratory Judgment and Final Order On Motion For Rehearing And/Or Clarification, wherein the Court ruled against the position taken by the City of Tamarac at trial and ruled that the portion of the City of Tamarac Charter dealing with term limits was invalidated; and WHEREAS, the trial court invalidation of the City of Tamarac's Charter was appealed by Mayor Norman Abramowitz; and WHEREAS, the appeal of the Final Declaratory Judgment and Final Order On Motion For Rehearing And/Or Clarification served a public purpose in that the 4th DCA declared the City of Tamarac Charter Amendment valid and upheld the legality of the City �I I 1 Temp. Reso. #7258 Page 2 October 27, 1995 Rev. 1: November 8, 1995 Rev. 2: November 15, 1995 of Tamarac's Charter; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the public interest to pay for legal expenses related to the prosecution of the appeal which ultimately led to the validation of the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA that: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are authorized to pay all legal expenses arising out of the Appeal of Glasser v. City of Tamarac, et al.,/Strauss, et al. v. City of Tamarac, et al., [Case No. 93-3664/L.T. Case No. 92-3143(25)/92- 13054(25)(Consolidated)], in the amount of Twenty -One Thousand Seven Hundred Ninety - Three Dollars and 80/100 ($21,793.80), from Account 001-106-514-312, General Legal Expenses. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution 1 1 1 Temp. Reso. #7258 Page 3 October 27, 1995 Rev. 1: November 8, 1995 Rev. 2: November 15, 1995 is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this p� p� day of IV6UP•Y1Il , 1995. NORMAN dABRAMOWITZ MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approvets his ORDINANCE to form. nITPELLL-S.I�RAFT IATTORNEY (c: \u s e rd ata\wpd ata\res\7258 m s) RECORD CyF 00L CL%A= MAYOR i3RRNlC�(O I 1 4 DISTRICT 1 • (-A-N) DISTRICT 2• Gv M M . IAll NA DISTRICT 3: o Sc 1 DISTRICT 4: C K M • - h A-C�—If