HomeMy WebLinkAboutR-74-1292MEA
11/20/74
RESOLUTION NO. 74-1292
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO SECURE THE SERVICES OF EUGENE P.
SPELLMAN, ESQ., AS SPECIAL COUNSEL TO LITIGATE
THE CASE OF CITY OF MIAMI V. MARJORIE E. WILSON, ET AL.,
CIVIL ACTION NO. 73-788, UPON THE TERMS SET FORTH
HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT WITH
MR. SPELLMAN FOR SAID PURPOSE; AND AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO ALLOCATE FROM THE
1972 POLICE FACILITIES BOND FUNDS THE SUMS REQUIRED IN
ACCORDANCE WITH THE CONTRACT AND TO PAY SAID SUMS TO
MR. SPELLMAN.
WHEREAS, the City Commission deems it in the best
interest of the City to appoint Eugene P. Spellman, Esq., as
Special Counsel to litigate the case of City of Miami v. Marjorie
E. Wilson, et al., Civil Action No. 73-78B upon the terms and
conditions set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby authorized and
directed to appoint Mr. Eugene P. Spellman as Special Counsel to
litigate the case of City of Miami v. Marjorie E. Wilson, et al.,
Civil Action No. 73-788.
Section 2. The terms and conditions of said appointment
shall be as follows:
a. Mr. Spellman will try the case and handle
an appeal if necessary for 5% of the total amount
of the City of Miami's highest appraisals either
written or testified to on the parcels that go to
trial.
b. If any parcels are settled Mr. Spellman's
fee will be 3% of the City's highest appraisal on the
parcels on which settlement is reached.
d, to the event of a hung jury or a mistrial,
the fee will be 11% of the City's highest appraisal
either written or testified to, for the total of
all parcels involved instead of the 5% as indicated
in Letter $ above. An additional 14% based on the
same formula shall be paid in the event of an appeal
from the mistrial or hung jury.
Section 3. The City Manager and the City Clerk are hereby
authorized and directed to execute an employment agreement with
Mr. Spellman upon the foregoing terms.
Section 4. The Finance Director of the City of Miami is
hereby authorized and directed to allocate from the 1972 Police
Facilities Bond Funds the sums required in accordance with the
contract and to pay said sums to Mr. Spellman.
PASSED AND ADOPTED this 21 day of NOVEMBER
1974.
H. D. SO
CITY. CLERK
PREPARED AND APPROVED BY:
t_. tea..,
MICHEL E. ANDERSON
Assistant City Attorney
APPROVED AS TO FORNj- ND CORRECTNESS:
OHN S. LLOYD
ity Attorney
ob
MAURICE A, FERRE
MAYOR
CITY COMMISSION
MEETING OF
NOV24491,
RESOLUTION NO.7
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