HomeMy WebLinkAboutR-98-0227J-98-279
3/5/98
RESOLUTION NO. 9 8- 227
A RESOLUTION DIRECTING THE CITY ATTORNEY TO
PARTICIPATE AS AMICUS CURIA, IN THE DISTRICT
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT,
BY FILING AN UNBIASED BRIEF, SHOULD AN APPEAL
BE FILED CONCERNING THE FINAL JUDGMENT
ORDERED AND ADJUDGED BY THOMAS S. WILSON,
JR., FOR CASE NO. 97-25596 CA 09, IN THE
CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR MIAMI-DADE COUNTY, IN RE:
THE MATTER OF THE PROTEST OF ELECTION RETURNS
AND ABSENTEE BALLOTS IN THE NOVEMBER 40 1997,
RT,RC_"rTONS FOR THE CTTY OF MIAMI , DADE COUNTY,
FLORIDA; FURTHER DIRECTING THE CITY ATTORNEY
TO FORWARD A COPY OF SAID BRIEF TO THE
MEMBERS OF THE CITY COMMISSION PRIOR TO THE
FILING OF SAID BRIEF WITH THE APPELLATE
COURT.
WHEREAS, recognizing that in order for the Court to make a
fully informed decision, should an appeal be filed in the
District Court of Appeal of Florida, Third District, concerning
the Final Judgment ordered and adjudged by Thomas S. Wilson, Jr.
for Case No. 97-25596 CA 09, in the Circuit Court of the
lath Judicial Circuit of Florida, in and for Miami -Dade County,
IN RE: THE MATTER OF THE PROTEST OF ELECTION RETURNS AND
ABSENTEE BALLOTS IN THE NOVEMBER 4, 1997, ELECTIONS FOR THE CTTV
OF MTAMI, DADE COUNTY, FLORIDA, it is necessary that such Court
be aware of the past and present provisions of the Charter of the
City of Miami, Florida, as amended, as they relate to the
transition from the City's Commission -Manager plan of government
to the Mayor -Manager plan of government; and
WHEREAS, by filing an unbiased Brief, if said Final Judgment
is appealed, the City Attorney can detail the City Charter
provisions, approved by the electorate on September 4, 1997, and
fully explain how they effect the offices of Mayor, City
Commissioner and the City Manager, thus assisting the Court in
making an informed decision;
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 City Attorney is hereby directed to
participate as Amicus Curiae, by filing an unbiased Brief, should
an appeal be filed in the District Court of Appeal of Florida,
Third District, concerning the Final Judgment ordered and
adjudged by Judge Thomas S. Wilson, Jr., for Case
No. 97-25596 CA 09, in the Circuit Court of the lath Judicial
Circuit of Florida, in and for Miami -Dade County, IN RE- THF.
"LATTER OF THE PROTEST OF ETACTION RETURNS AND ARSENTEE BALLOTS IN
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Section 3. The City Attorney is hereby directed to
forward a copy of said Brief to the members of the City
Commission prior to the filing of said Brief with the Appellate
Court.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 5th day of March , 1998.
MAYOR
In accordance with Miami Cade Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of Commi sion action
regarding same, without the Mayor exercising eto.
r
ATTEST:
Wa er.,oeriian, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVED AS TO FORM CORRECTNESS:
JL�-/'p 1//
L EDWARD MAX LL
RIM CITY A ORNEY
W2348:BSS
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98- 227