HomeMy WebLinkAboutR-02-0275J-02-234
3/5/02
RESOLUTION NO. 02— 2 15
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF
FINANCE TO ISSUE A CHECK PAYABLE TO ENTIN,
MARGULES & DELLA FERA, P.A., IN THE AMOUNT OF
$61,180.00, INCLUSIVE OF ALL COSTS, IN FULL
SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEY
FEES AND COSTS FOR THE REPRESENTATION OF CODE
ENFORCEMENT BOARD MEMBER ELADIO ARMESTO-
GARCIA, IN THE CASE OF STATE OF FLORIDA VS.
ELADIO ARMESTO-GARCIA AND ANGEL GONZALEZ, IN
THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. M98-60186 A&B; AND
ALLOCATING FUNDS FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.652.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Director of the Department of Finance is
authorized to issue a check payable to Entin, Margules & Della
Fera, P.A., in the amount of $61,180.00, inclusive of all costs,
in full settlement of any and all claims for attorney fees and
costs incurred for the representation of Code Enforcement Board
Member, Eladio Armesto-Garcia, in the case of State of Florida
vs. E.ladio Armesto-Garcia and Angel Gonzalez, in the Circuit
Court of the Eleventh Judicial Circuit in and for Miami -Dade
CITY COMMISSION
Ns ur C bF
fi r' 1 "r 2002
Resolution no.
02- 275
County, Florida, Case No. M98-60186 A&B, with funds allocated
from the City of Miami Self -Insurance and Insurance Trust Fund,
Tndex Code No. 515001.624401.6.652.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 14th
ATTEST:
,4 A � AK 6� .1
PRTSCILLA A. 1'HOMP50N
CITY CLERK
RM AND CORRECTNESS:
ATTORNEY
6080:WB:BSS
day of March 2002.
MANUEL A. DTAZ,YOR
1� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 2 of 2
02- 275
A
CITY OF MIAMI "CA=12
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilareilo, City Attorney Wb
DATE: March 6, 2002
a " RE: Proposed Resolution for March 14, 2002 City Commission Meeting
Payment of attorney fees and costs to Entin, Margules & Delia Fera, P.A.
for State of Florida vs. Eladio Armesto-Garcia and Angel Gonzalez
in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No. M98-60186 A&B
(J-02-234)
The attached proposed resolution, will, if adopted, authorize the Director of Finance to
issue a check payable to Entin, Margules & Della Fera, P.A., in the amount of $61,180.00,
inclusive of all costs, for attorney fees and costs, in full settlement of any and all claims for the
above -referenced case.
Code Enforcement Board Members Eladio Armesto-Garcia and Angel Gonzalez were
charged with violating the Sunshine Law concerning matters within the scope of their public
duties. After a jury trial for which Eladio Armesto-Garcia retained the services of an attorney,
Eladio Armesto-Garcia was acquitted of the charges against him.
Mr. Alvin E. Entin has requested payment of attorney fees and costs for the representation
of Eladio Armesto-Garcia, pursuant to common law doctrine recognized in Lomelo v City of
Sunrise, 423 So.2d 974 (Fla. 4" DCA 1982), and Thornber v. City of Fort Walton Beach,
568 So.2d 914 (Fla. 1990), which removes any discretion from the City to pay the attorney fees
under these circumstances.
If approved, funds for said payment will be allocated from the City of Miami Self -Insurance
and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
W682:WB:BSS
cc: Alvin E. Entin, Esq.
Carlos A. Gimenez, City Manager
Elvi G. Alonso, Agenda Coordinator
02 275