HomeMy WebLinkAboutCity of Tamarac Resolution R-72-041J
T his RESOLUTION
introduced by-
CITY OF TAMARACI FLORIDA
RESOLUTION NO.
A RESOLUTION APPOINTING SPECIAL COUNSEL TO
TAKE ACTION WITH REFERENCE TO THE MAINTENANCE
PROVISIONS OF THE DEED RESTRICTIONS HERETOFORE
ASSIGNED TO THE CITY OF TAMARAC
BE IT RESOLVED BY THE COUNCIL OF THE City of Tamarac,
Florida:
SECTION 1: That HARRY G. CARRATT be and he is hereby
retained and employed as Assistant City Attorney to act as
Special Counsel of the City of Tamarac in accordance with
the terms and conditions of his letter of May 312 1972, a
copy of which is attached hereto' for the purpose of bringing
a suit against Behring Corporation and any other interested
parties in order to obtain a definitive declaratory ,judgment
'various
as to the validity of the/Assignments of the Deed Restrictions
as to maintenance and/or the acceptance thereof by the City
and the City's rights and duties thereunder, if any.
SECTION 2: That the Mayor and City Manager are authorized
to issue the City's check in the sum of $2,500.00 in payment of
the initial retainer.
PASSED, ADOPTED and APPROVED this t 2 W. day of, j,�g a
197 2.
ATTEST:
CITY CLERK -CORD OF COUNCIL VOTE
H ;Iy CERTIFY that I have
` PP, r,ve(4 RESOLUTION
and
correctness
of this
.;r Scltm an
yor L ngp,
Jo,�nson
LAW OFFICES
�fU7iCst�:, C.:tiit�: ITT f1.,� D �• CUB`\ OY:, 1'..�.
--
n
C•M=..7L.tz R. MORGAN
HAc Ry 0.:P.RF?A—r
F:.wh C7� D. C%•CGNNO j
":Z.y 31, 1972
Zw- T, P r PlE1110:a
601 L s'st oa:clard Pa5:k Boulevard
Fort Lauderdale, Florida 33311.
Re: Sp-cia.l. Counsel. for Citv o�= Tap:`,arac
Dear Iir. planes
SVLTC i:GS ACNANN A4t4OING
310t r:OR:•N :Eq$RAL Nlu!.Y':,:.Y
TOLLPAONZ SGri IS21
f.Ri:A C07,6 .701
This letter is in reference to tha undersi red repro- eating th e
City of Tamarac as 'special counsel in a possible suit ".Ihieh *%.;ould
be brought by the City of Tamarac against Behring Cucooratien fog:
declaratory relief concerning certain deed restrictions were
assigned to the City by Behrinc; Corporation_ It is ray undwrs-and4aca
that the City has determined that it will hire special counsel for
the purpose of bringing i nc� ing this suit, and they have r_e quws ted 'Chat. you
Su,3gest.the name of a special coon ssi to the City Com"missioz.
The undersigned law firm has been practicing law in B
roWal-d Cot;::ttr
for the past 12 years and we have handlcd many and various types of
I itigation in both the State and Federal Cou is during that tir. .
t` e have also handles: numcrous appellate matters whare in a.ppaz.ls
have been taken to the Appellate Courts in both t:lc State and Ped--
eral systems. We believe that oe are luoll qua_lizied to handle this
typ a of litigation in both the trial and appeal courts if such
action is required of us.
Ve would be willing to handle this suit for declaratory reliw�f
against Behrinr, Corporation on the -basis of an hourly charge of
$50_00 per hour for services rendered in our office, and an hourly
charge o4 $75.00 fo-r services rendered outside of our office, such
as trial work, depositions, attendance at hearings, and other
matters.
We would request the sum of $2500.00 as a retainer against our- fee
and costs. We would bill the City at the end of Each month for the
P. plaZ7.es
_
.._ y 3 r ? 972
:2ici ti I: \ e p= _4 .,ic. ti::, IJ- ! b�l the t2oL3. T rc. S u r . _ i
_}..' ].?`"4:Cll1t t0 esi 7.:.:ata 'i ha Z:p0Li t Of 't'-iI-, an
t o the C i L-v wb ich t•JOuld be involve'.::: d I] t:ZiS i wry u C'S'„2 i
:::. .'-cason t('att it Siould do an �� to a conzid4rabla L'a:'��^,l: u2on ,..
c; -)z s i'L- ian. _-,x:e_SGn Led by 'i i?." iA['1'G�i::la�1 t . �''C LtiOt:ad uI7':" 1 C �r ' �.0 'L hc`: C
t'JC)u1A JDe V1 ;orouuly contested in the Trial CoL?��, ai-id J_A- tine
C i,C, wcrc successful, the CilattC3r WOVId be ci,'7i.t?r�.ti_' t0 t i-
:7 1'itY 5 C1 Court t of A]p c^.1 and/or 'C[:a Flozrida S_1.prai'r i'OLtXt ''="1 C i, y
should allocate the minimum sum of $10,000.00 for. fees anca Costs fo"�
.such a :1ua� and it may be considerably higher depen.�ing on what finwl
action is -'alzen by the parties.
There appears to be a substantial question as to WIlle then a proper and
valid assignmant of the maintenance duties imposed or, Bahrinc' Corpora-
tion vas ri de to the City of Tamarac by the act io-i of BeL4ring Carirar -
t ion, and -in addition, whether or not the City could properly pYrfo=.m
s ach functions as a municipality under the laws of the State of
i'lorida. 1t would ttherefo-re appear to the undersigned Chair this ma.L.ems
should be resolved by the. Courts sothat the City v,ould have a defin i-
t ive st :teL unzt as to its rights and liabilities resulting fro:tt the
assignment to the City. .
FLGC : sb s
I
Very "truly yours,
P%O-ROAN, c RR71 TT AND O' UL& O'a , P.A.
.
Bv
riarr; G _ Carra; c