HomeMy WebLinkAboutR-95-0792J-95-909
11/2/95
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RESOLUTION NO. `" 792
A RESOLUTION RATIFYING THE CITY ATTORNEY'S
CONTINUED ENGAGEMENT OF THE LAW FIRM OF EPSTEIN
BECKER & GREEN, P.C., TO SERVE AS COUNSEL ON
BEHALF OF THE CITY OF MIAMI BEFORE THE UNITED
STATES BANKRUPTCY COURT, CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. LA-93-41032-KL, FOR
PROCEEDINGS IN CONNECTION WITH THE BANKRUPTCY
PETITION FILED BY SPECIALTY RESTAURANTS
CORP.(OW-NER OF THE RUSTY PELICAN RESTAURANT
LOCATED ON VIRGINIA KEY), UNDER CHAPTER 11
(REORGANIZATION); ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $3,000.00, FROM THE
CITY OF MIAMI SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 620101-661, FOR SAID
SERVICES.
WHEREAS, the City Commission adopted Resolution No. 95-262
on April 27, 1995, which approved the engagement of the law firm
of Epstein Becker & Green, P.C., to serve as counsel on behalf of
the City of Miami before the United States Bankruptcy Court,
Central District of California, Case No. LA-93--41032-KL, for
proceedings in connection with the bankruptcy petition filed by
Specialty Restaurants Corp. (owner of the Rusty Pelican
Restaurant property located on Virginia Key), at the interim fee
for such services not to exceed $15,000.00; and
WHEREAS, although the bankruptcy proceedings are essentially
complete, and the Court has awarded the City $10,302.72 in
attorney's fees (75% of the attorney's fees expended), the City
must pay an outstanding bill of $2,343.77, and California counsel
must still periodically monitor the matter until the debtor has
CITY C0..%t7nI SSION
METING OF
N V, 1 5 1995
Resolution IQo.
95- 792
fully satisfied its obligations to the City under the plan of
reorganization;
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's continued engagement of
the law firm of Epstein Becker & Green, P.C., to serve as counsel
on behalf of the City of Miami, before the United States
Bankruptcy Court, Central District of California, Case
No. LA-93-41032-KL, for proceedings in connection with the
bankruptcy petition filed by Specialty Restaurants Corp. (owner
of the Rusty Pelican Restaurant property located on Virginia
Key), Under Chapter 11 (Reorganization), is hereby ratified, with
funds therefor, in an amount not to exceed $3,000.00, hereby
allocated from the City of Miami Self -Insurance and Insurance
Trust Fund, Index Code No. 620101-661, for said services.
PASSED AND ADOPTED this 16th day of November , 1995.
� 4 2.
HEN P. CLA K, MAYOR
ATTE# :
f i
WALTER J. F6EMAN-
CITY CLERK
- 2 -
SELF INSURANCE TRUST FUND REVIEW:
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT DIVISION
FINANC A BUDGETARY REVIEW:
MANOHAR., S A
ASSISTANT CITY MANAGER
PREPARED AND APPROVED BY:
WAP,REN BITTNER
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A./Quivi JONE41 III
CITY P, TOVEY
WB:BSS:W38 I
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95- '792
3
TO Honorable Mayor and Members
of the City Commission
A. Qd n Jo es, II
FROM City Atton, y,/
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE November 2, 1995 FILE J-95-909
SUBJECT Approval of City Attorney's continuing
engagement of Epstein Becker & Green,
P.C. as Counsel for Bankruptcy Petition -
REFERENCES. Rusty Pelican Restaurant
ENCLOSURES. 0
Pursuant to Resolution No. 95-262, adopted April 27, 1995,
Epstein Becker & Green, P.C., was engaged to serve as counsel for
the City of Miami before the United States Bankruptcy Court,
Central District of California, for proceedings in connection
with the bankruptcy petition filed by Specialty Restaurants Corp.
(owner of the Rusty Pelican Restaurant) Case No. LA-93-41032-KL.
To date the bankruptcy proceedings are essentially complete,
and the Court has awarded the City $10,302.72 in attorney's fees,
however, the City must pay an outstanding bill of $2,343.77 and
said counsel must still periodically monitor the matter until the
debtor has fully satisfied its obligations to the City under the
plan of reorganization.
The attached proposed Resolution, submitted for your
consideration, seeks ratification of the City Attorney's
continued engagement of said law firm and provides for the
outstanding payment and the monitoring of said case. Funds for
said services, in an amount to exceed $3,000.00, are available
from the City of Miami Self -Insurance and Insurance Trust Fund,
Index Code No. 620101-661.
BSS:W038
95- 792