HomeMy WebLinkAboutCity of Tamarac Resolution R-87-154ntroduced by:
Temp. Reso. #4590
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87-- 15-Y
A RESOLUTION APPROVING THE STIPULATION FOR
DISMISSAL IN THE CASE OF PETER PRIOR VS. THE
CITY OF TAMARAC, CASE NUMBER 86--3653 DB; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the Stipulation for Dismissal in the
case of Peter Prior v. The City of Tamarac, Case Number
86-3653 DB, attached hereto and made part hereof as Exhibit
"A", is hereby approved in its entirety.
SECTION 2: That Richard Rednor, Esq. is hereby
authorized to execute the Stipulation for Dismissal on behalf
of the City of Tamarac.
SECTION 3.: This Resolution shall become effective
immediately upon its passage.
�v
PASSED, ADOPTED AND APPROVED this /3 day of 1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
A. B YANT P EGATE
QiTY ,ATTOR EY
MAYOR: HART
DIST. 1: C/M ROHR
DIST. 2: C/M STELZER .,_...
DIST. 3: C/M HOFFMAN ---
DIST. 4: V/M STEIN
(( 'Rf 5 o. 57- Iq "
10
MAY 2 01987
WIWAW
M Ir �Arwwwwt.. w.r
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO. 86-3653 DB
PETER PRIOR, as a member and
Vice --Chairman of the Administrative
Board of the Retirement Plan for the
Employees of the City of Tamarac, Florida
Plaintiff,
vs.
CITY OF TAMARAC, a.Florida municipal
corporation, and JANE CARROLL, as
Supervisor of Elections for Broward
County, Florida,
Defendants.
ORDER
THIS CAUSE came on for consideration upon the parties'
Stipulation and the Court being fully advised in the premises, it is
ORDERED AND ADJUDGED that this cause be and is hereby
dismissed, all parties to bear their respective costs and attorney's
• fees.
DONE AND ORDERED in Chambers at F rt Lauderdale, Broward
County, Florida, this 19 A day of , 1987.
U
Copies Furnisheds
Robert A. Sugarman, Esq.
5959 Blue Lagoon Dr., Suite 150
Miami, FL 33126
Richard M. Rednor, Esq. .I
International Bldg., Penthouse East TR(
2455 East Sunrise Boulevard C
Fort Lauderdale, FL 33304 QPr
Samuel Goren, Esq.
'•3040 E. Commercial Boulevard
Fort Lauderdale, FL 33308
r
0
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO. 86-3653 DB
PETER PRIOR, as a member and
Vice -Chairman of the Administrative
Board of the Retirement Plan for the
Employees of the City of Tamarac, Florida
Plaintiff,
vs.
CITY OF TAMARAC, a Florida municipal
corporation, and JANE CARROLL, as
Supervisor of Elections for Broward
County, Florida,
Defendants.
STIPULATION FOR DISMISSAL
On this 14th day of May, 1987, PETER PRIOR, Plaintiff, the
CITY OF TAMARAC, (City) and JANE CARROLL, (Carroll), ("the
parties"), enter a Stipulation for Dismissal based upon the
following:
1. The voters of the City, on March 11, 1986, adopted an
amendment to City Charter Section 12.02 (86-CB-7) to require that
the investment and administration of the City's retirement plan be
in conformity with the City Charter.
2. The voters of the CITY OF TAMARAC, on March 11, 1986,
additionally adopted an amendment to City Charter Section 7.08
(86-CB-2) which permitted investment of City funds only in short
term U.S. bonds, treasury notes and/or bills or other investments
insured by an agency of the Federal Government*
3. Plaintiff obtained an Order on March 17, 1986 tem-
porarily enjoining the implementation of Charter amendment 86-CB-7
as the court determined that said amendment, when combined with
amendment 86-CB-2 unconstitutionally restricted investment of City
retirement funds.
4. In November of 1986 the voters of the City, once again,
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amended City Charter section 7.08 so as to- permit City funds to be
invested in that manner authorized by state law, thus eliminating
any alleged Charter conflict with state law caused by the adoption
of 86-CB-7.
Based upon the foregoing, the parties hereto jointly stipu-
late and agree that Plaintiff's complaint against City be volun-
lb tarily dismissed without prejudice, that Plaintiff's complaint
•
against CARROLL be dismissed with prejudice and that CARROLL'S coun-
terclaim be dismissed with prejudice. Each party shall bear its
respective costs and attorney's fees.
kh-IBERT A. SUGARM rff
RICHARD M. REDNOR, ESQ.
torney for Pla Attorney for Defendant
5959 Blue Lagoonte 150 CITY OF TAMARAC
Miami, FL 33126 International Bldg., Penthouse East
2455 East Sunrise Boulevard
Fort Lauderdale, FL 33304
(305) 561-2230
Fla. Bar No. 436542
qJA4V J
UEL GOR E .
Ak/!s-A?
Attorney for Defendant
JANE CARROLL
3040 E. Commercial Boulevard
Fort Lauderdale, FL 33308
(305) 771-4500
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