HomeMy WebLinkAbout2006-R-08Resolution No. ~
Resolution Hiring Attorney for
pUrpose of Representing City Council's
Interest in Bridqeview Center, LLC v. The City of Jeffersonville, Et. Al
Cause Number q 0C0q-0203-PL-0230
Whereas, Indiana Code 36-4-6-24 provides in full that,
Attorneys and legal research assistants
Sec. 24. a) The legislative body may hire o~ contract with competent attorneys and legal research
assisrams on terms it considers appropriate.
b) Employment of an attorney under this section does not affect the city department of law
established under IC 36-4-9.
C) appropriations for salaries of attorneys and legal research assistants employed under this section
may not exceed the appropriations for similar salaries in the budget of the city deparu:nent of law.
As added b) Acts 1980, P.L. 212, SEC. 3.
Whereas, the Assistant City Attorney has handed this matter on behalf of all of those
entities of City Govemmem named in this lawsuit.
Whereas. the Assistant City Attorney handling this matter has resigned his position with
the Jeffersonville City Law Deparrmem.
Whereas, the Jeffersonville City Council believes that it is in the best interest of the
citizens of the City of Jeffersonville to retain the former Assistant Jeffersonville City Attorney to
represem the council and the City in this ongoing litigation.
Whereas, the Jeffersonville City Council believes that it is important for the citizens and
the city To maintain consistency in the litigation inasmuch as the former Assistant City Attorney
tried the case, prevailed on two appeals to the Indiana Supreme Court, prevailed hi the city's
effort to secure a new mai before a new judge with new evidence and is presently defending a
third appeal to the Indiana Court of Appeals.
Whereas, the Jeffersonville City Council believes that to fail To retain the former
Assistant City Attorney would serve as a hardship upon the citizens of the community and
expose the taxpayers m undue expense and hardship.
Wherefore, the Jef£ersonville City Council resolves [0 hire the former Jeffersonville
-1-
Assistant City Attorney, Larry Wilder, to represent the interest of the City Council in Brldgeview
Center, LLC V. The City ot'Je[£ersonville, Et. Al..
BE IT RESOLVED THAT, the Jeffersonville City Council does hereby, pursuant to Indiana
Code 36-4-6-2, retain the services of Larry Wilder at the rate of One Hundred Dollars ($100)
per hour for the sole and limited purpose of representing the City Council of Jeffersonville in the
aforementioned litigation.
d this 25th day of January., 2006.
Barbara~~
Attested
Peggy Wilder, Jeffersonville
City Clerk Treasurer
-2-