HomeMy WebLinkAboutR-00-0039J-99-1048
12/27/99
RESOLUTION NO. 0 0 0 3 9
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR FIFTHS (4/5THS ) AFFIRMATIVE VOTE,
RATIFYING, APPROVING AND CONFIRMING THE
REQUEST OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY ("MSEA") TO RATIFY THE ENGAGEMENT
BY THE CITY ATTORNEY, ON BEHALF OF MSEA, OF
THE LAW FIRM OF VERNER, LIIPFIRT, BERNHARD,
MCPHEARSON AND HAND TO REPRESENT MSEA IN THE
CASE OF DECOMA, LTD., A TEXAS LIMITED
PARTNERSHIP VS. CITY OF MIAMI, A FLORIDA
MUNICIPAL CORPORATION, AND MIAMI SPORTS AND
EXHIBITION AUTHORITY, CASE NO. 96-12055 CA 04
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT; PAYABLE FROM MSEA OPERATING
ACCOUNT, NO. 189001117384.
WHEREAS, the Board of Miami Sports and Exhibition Authority
("MSEA"), has deemed timely and in the best interest of the City
of Miami and MSEA to request the City Attorney to retain the law
firm of Verner, Liipfirt, Bernhard, McPhearson and Hand to
represent MSEA in the case of Decoma, Ltd., a Texas limited
partnership vs. City of Miami, a Florida Municipal Corporation,
and Miami Sports and Exhibition Authority, Case No. 96-12055
CA -04, in the Circuit Court of the Eleventh Judicial Circuit; and
WHEREAS, on or about March 19, 1999, Decoma Miami
Associates, Ltd. ("DMAL") served written notice upon the Miami
Sports and Exhibition Authority ("MSEA") of MSEA's alleged
failure to perform under the Miami Arena Contract arising from
MSEA's transfer of funds to the City of Miami, all or a part of
CITY COMMISSION
MEETING OF
.SAN 1 3 2000
Aesoiution No.
.which were alleged to consist of Convention Development Tax
Revenues; and
WHEREAS, the Board of MSEA determined to obtain separate
counsel to advise MSEA with respect to any potential conflicts of
interest raised by the March 19, 1999 DMAL letter and because of
the advice of said counsel, request that the City Attorney retain
separate counsel to represent MSEA in the case of Decoma Miami
Associates, Ltd. v. City of Miami and Miami Sports and Exhibition
Authority, Case No. 96-12055 CA -04, in the Circuit Court of the
Eleventh Judicial Circuit; and
WHEREAS, pursuant to Section 2-1018 of the Code of the City
of Miami, Florida, as amended, retention of said law firm and the
terms and conditions thereof require approval by a four-fifths
(4/5ths) affirmative vote of the members of the City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1.The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Miami City Commission, by a four-fifths
(4/5ths) affirmative vote, hereby approves the request of the
Miami Sports and Exhibition Authority ("MSEA") and ratifies the
engagement by the City Attorney, on behalf of MSEA, of the law
firm of Verner, Liipfirt, Bernhard, McPhearson and Hand to
Page 2 of 3 "
represent MSEA in the case of Decoma, Ltd., a Texas limited
partnership vs. City of Miami, a Florida municipal corporation,
and Miami Sports and Exhibition Authority, Case No. 96-12055
CA 04 in the Circuit Court of the Eleventh Judicial Circuit,
payable from MSEA Operating Account, No. 189001117384.
Section 3.This Resolution shall become effective immediately
upon its adoption and signature of the Mayor'.
PASSED AND ADOPTED this 13th day of January , 2000.
JOE CAROLLO, MAYOR
or rice with Miami Code Sec. 2-33, since the Mayor slid not i d!cate ap .«�v 4
..o`K
i lbg slation by signing it in the designated place wii;=,ri,,. e,,p saidii
es effective with the elapse of ten (1 d) nays
nWdkig same, without the Mayor exer cis .. v
WALTER J. FOEMAN
CITY CLE�
p
t i
r ;:_
VI
r
oRNEY
�i 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 3 of 3
6 U"`
CITY OF MIAMI
CITY ATTORNEY'S OF:
MEMORAN,I I'j
TO: Mayor and Members of the
FROM: Alejandro Vilarello, City
DATE: December 8, 1999
RE: Decoma, Ltd., a TeKKli
municipal corporation an
Case No. 96-12055 04
(J-99-1048)
C
C0
Kre
ed partnership vs. City of Miami, a Florida
Miami Sports and Exhibition Authority,
The attached proposed resolution seeks authorization of the law firm of Verner,
Liipfirt, Bernhard, McPhearson & Hand to represent MSEA in the case of Decoma, Ltd.,
a Texas limited partnership vs. City of Miami, a Florida municipal corporation, and
Miami Sports and Exhibition Authority, Case No. 96-12055 CA 04 in the Circuit Court of
the Eleventh Judicial Circuit.
On or about March 19, 1999, Decoma Miami Associates, Ltd. ("DMAL") served
written notice upon the Miami Sports and Exhibition Authority ("MSEA") of MSEA's
alleged failure to perform under the Miami Arena Contract arising from MSEA's transfer
of funds to the City of Miami, all or a part of which were alleged to consist of Convention
Development Tax Revenues. The Board of MSEA determined to obtain separate counsel
to advise MSEA with respect to any potential conflicts of interest raised by the
March 19, 1999 DMAL letter and requested that the City Attorney to retain separate
counsel to represent MSEA in this case.
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Attorney
Elvi Alonso, Agenda Coordinator
W398:RCL 00- 0