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HomeMy WebLinkAboutR-99-0728J-99-835 9/28/99 RESOLUTION NO . t;r i A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ENGAGE A QUALIFIED LAW FIRM TO PROVIDE LEGAL SERVICES TO THE CITY OF MIAMI IN CONNECTION i WITH THE LAWSUIT, PATRICK McGRATH, III, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS j SIMILARLY SITUATED VS. THE CITY OF MIAMI, ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 99-21456 CA-10, CONCERNING THE IMPLEMENTATION AND COLLECTION OF THE PARKING FACILITIES SURCHARGE, AUTHORIZED PURSUANT TO ORDINANCE NO. 11813; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED { $75,000, FROM THE PARKING SURCHARGE ADMINISTRATIVE ACCOUNT FOR SAID SERVICES; FURTHER, DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ADDITIONAL LEGAL ACTION ' NECESSARY TO PROTECT AND DEFEND THE INTERESTS OF THE CITY OF MIAMI, INCLUDING ? BUT NOT LIMITED TO ANY NOTICE PROVISIONS AUTHORIZED BY LAW. 1 i WHEREAS, on July 13, 1999, the City Commission adopted Ordinance No. 11813, which authorized the implementation and collection of a Parking Facilities Surcharge; and WHEREAS, an individual filed a lawsuit, Patrick McGrath, III, individually and on behalf of all others similarly situated vs. the City of Miami, Eleventh Judicial Circuit Court, CITY CO MEETING OF. Rosolution No. L Case No. 99-21456 CA-10, challenging said surcharge; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney's engagement of a qualified law firm to provide legal services to the City of Miami in connection with the lawsuit, Patrick McGrath, III, individually and on behalf of all others similarly situated vs. the City of Miami, Eleventh Judicial Circuit Court, Case No. 99-21456 CA-10, concerning the implementation and collection of the Parking Facilities Surcharge, authorized pursuant to Ordinance No. 11813, with funds therefor, in an amount not to exceed $75,000, hereby allocated from the Parking Surcharge Administrative Account for said services. Section 2. The City Attorney is hereby directed to take any and all additional legal action necessary to protect and defend the interests of the City of Miami, including but not limited to any notice provisions authorized by law. Section 3. This Resolution shall become effective 2 s 1 s 1 E immediately upon its adoption and signature of the Mayor.!/ 4 PASSED AND ADOPTED this 28th day of September , 1999. JOE CAROLLO, MAYOR 1 In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of -,is legislation by signing it in the design•_ tcd i,i,: ,; l , ic: said le:isiztion now bl' cOmcs eff0ctive will) the.^.lapse often (10) G' `;G[` ,l lia c Uf Conlr. •SIGs•: ^t`+ regarding same, without the, Mayor exer ' ing ATTEST: E lter c m.n y er- WALTER J. )~OEMAN CITY CLERK i s APPROVED S �RM AND CORRECTNESS:t/ DR VIT RELLO { C ATTORNEY 3809:BSS i f Z s i i t i P } i S4S 1 '-� if the Mayor does not sign this Resolution, it shall become effective at fthe end of ten calendar days from the date it was passed and adopted. 11 If the Mayor vetoes this Resolution, it shall become effective 'i immediately upon override of the veto by the City Commission. k - 3