HomeMy WebLinkAboutR-98-0743J-98-716
7/ 1 /98
RESOLUTION N09 - 743
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENGAGE ROBERTS. GLAZIER, ESQ. TO SERVE AS
COUNSEL TO FILE AND PROSECUTE A PETITION FOR
WRIT OF CERTIORARI IN THE THIRD DISTRICT COURT
OF APPEAL IN RALEY VS. CITY OF MIAMI, FLORIDA,
CASE NO. 98-1610, FOR AN AMOUNT NOT TO EXCEED
$1,750 FOR SAID SERVICES, PLUS AN AMOUNT NOT
TO EXCEED $500.00 FOR COSTS; ALLOCATING FUNDS
THEREFOR FROM THE CITY OF MIAMI SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE 515001.424401.661.
WHEREAS, Robert S. Glazier, Esq. was originally retained for a fee under
$4,500, which was anticipated to be the amount necessary to handle the legal
matter, and, thus far, the sum of $4,000 has been expended for this appeal; and
WHEREAS, the City Commission granted a special exception and variance to
permit the conversion of an existing commercial structure into a place of worship;
and
WHEREAS, the decision of the City Commission was quashed on appeal to
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Appellate
Division; and
WHEREAS, the City believes further appellate review, in particular with
CITY COMMISSION
MEETING OF
J U L 2 1 1998
Rew1ution No.
regard to the interpretation of Section 401 of the Code of the City of Miami, as
amended, is in the best interests of the City; and
WHEREAS, in order to proceed to seek further appellate review, it is
necessary to expend these additional funds;
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 authorized to engage Robert S.
Glazier, Esq. to serve as counsel and to file and prosecute a Petition for Writ of
Certiorari in the Third District Court of Appeal in the case of Raley v. City of
Miami, Florida, Case No. 98-1610, for an amount not to exceed $1,750 for said
services, plus an amount not to exceed $500.00 for costs, with funds therefor
hereby allocated from the City of Miami Self -Insurance and Insurance Trust Fund,
Index Code 515001.424401,661.
Section 3. This Resolution shall become effective immediately upon its
adoption and signature of the Mayor'.
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.
2-
9- 743
PASSED AND ADOPTED this 21st day of July , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor dirk not indicate acprov�,'' of
this legislation by signing it in the designated placD provided, sal : 1: ;::>l s •'r-
becomes effective with the elapse of ten (10) day rom the date of ;;omrnissicr:.�:
ATTEST: regarding same, without the Mayor exercisi a to.
Wa eman, City Clerk
WALTER J. FOEMAN, CITY CLERK
APPROV 7O,FORM AND CORRECTNESS:
ALE DRO VILARELLO
CIT ATTORNEY
2715:csk:AV
3-
9 S -� '7 4 3
TO
FROM
Honorable Mayor and
Members of the City Commission
tl—
CITY OF MIAMI, FLORIDA CA=19
INTER -OFFICE MEMORANDUM
DATE: July 9, 1998 FILE
SUBJECT : Request to engage
counsel, Robert S. Glazier, Esq.
Re: Raley vs. City of Miami
REFERENCES: City Commission Meeting 7/21/98
ENCLOSURES:
Resolution
` / The attached Resolution seeks authorization to engage the services of Robert S. Glazier,
Esq. to serve as counsel to file and prosecute a Petition for Writ of Certiorari in the Third
District Court of Appeal in connection with the lawsuit, Raley vs. City of Miami, Florida, Case
No. 98-1610.
Funds in an amount not to exceed $2,250 ($1,750 for services and $500 for costs) will
be allocated from the City of Miami Self -Insurance and Insurance Trust Fund, Index Code No.
515001.424401.661.
*�
enc.
c: City Manager
ck:Glaziendoc
98- '743