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HomeMy WebLinkAboutR-92-0531RESOLUTION NO. 9 2 — 531 A RESOLUTION APPROVING THE ENGAGEMENT OF THE LAW FIRM OF WEISS, SEROTA & HELFMAN, P.A., TO SERVE AS COUNSEL BEFORE THE CIRCUIT COURT, IN AND FOR DADE COUNTY, FLORIDA FOR LITIGATION PROCEEDINGS IN CONNECTION WITH SALES AND USE TAX AUDIT NO. 91053115751 WITH THE FEE FOR SAID SERVICES AT THE TRIAL COURT LEVEL NOT TO EXCEED $20,000.00; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. WHEREAS, by Resolution No. 92-76, dated February 13, 1992, the City Commission ratified and approved the engagement of the law firm of Weiss, Serota & Helfman, P.A., to serve as counsel before the State of Florida, Department of Revenue, for administrative proceedings in connection with Sales and Use Tax Audit No. 9105311575; and WHEREAS, the administrative proceedings resulted in the reduction of the assessment against the City by at least $46,069.26; and WHEREAS, the City Attorney has recommended the continuation of the protest procedures by the filing of suit against the Department of Revenue and the Miami Dolphins, Ltd., in the Circuit Court, in and for Dade County, Florida; CITY COM IISSX01f MEETING OF S E P 1 0 1992 Resolution No. 92- 531 a J-92-528 7/6/92 RESOLUTION NO. 9 2- 531 A RESOLUTION APPROVING THE ENGAGEMENT OF THE LAW FIRM OF WEISS, SEROTA & HELFMAN, P.A., TO SERVE AS COUNSEL BEFORE THE CIRCUIT COURT, IN AND FOR DADE COUNTY] FLORIDA FOR LITIGATION PROCEEDINGS IN CONNECTION WITH SALES AND USE TAX AUDIT NO. 9105311575, WITH THE FEE FOR SAID SERVICES AT THE TRIAL COURT LEVEL NOT TO EXCEED $20,000.00; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. WHEREAS, by Resolution No. 92-76, dated February 13, 1992, the City Commission ratified and approved the engagement of the law firm of Weiss, Serota & Helfman, P.A., to serve as counsel before the State of Florida, Department of Revenue, for administrative proceedings in connection with Sales and Use Tax Audit No. 9105311575; and WHEREAS, the administrative proceedings resulted in the reduction of the assessment against the City by at least $46,069.26; and WHEREAS, the City Attorney has recommended the continuation of the protest procedures by the filing of suit against the Department of Revenue and the Miami Dolphins, Ltd., in the Circuit Court, in and for Dade County, Florida; CITY CoreasSlon MEETING of S E P 1 0 1992 Resolution No. 92- 531 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth 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 engagement of the law firm of Weiss, Serota & Helfman, P.A., to serve as counsel before the Circuit Court, in and for Dade County, Florida, in litigation proceedings against the State of Florida, Department of Revenue, and the Miami Dolphins, Ltd., in connection with Sales and Use Tax Audit No. 9105311575, is hereby approved, with the fee for said services at the trial court level not to exceed $20,000.00, said funds therefor hereby allocated from the City of Miami's Self -Insurance and Insurance Trust Fund. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this loth day of XAVIER I,. ATTE A� NATTY HIRAI CITY CLERK , 1992. Z; MAYOR PREPARED AND A WED BY: W EN BITTNER ISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS; �Q I N 40,AtS, I I CITY -ATT EY M3045%WBjsls 1 r,,i! Y CITY OF MIAMI, FLOAIDA INTER -OFFICE MEMORANDUM � CA=2'1 J-9 2-5 28 to Honorable Mayor and Members DATE June 29, 1992 FILE A-91-738 of the City Commission FROM , A. i near III �V2 City A rney v SUBJECT Resolution Approving Engagement of Weiss, Serota & Helfman, P.A. for Litigation Services REFERENCES July 16, 1992 Agenda ENCLOSURES ( 1 It is respectfully recommended that the City Commission approve the attached Resolution approving the engagement of the law firm of Weiss, Serota & Helfman, P.A., for litigation services to be rendered in the Circuit Court, in and for Dade County, Florida, against the State of Florida, Department of Revenue, using monies therefor from the Self -Insurance and Insurance Trust Fund, and further authorizing expenditures from said fund for necessary costs and expenses in connection with these proceedings. We are requesting that this item be placed on the July 16, 1992 City Commission Meeting Agenda. AQJ/WB/sls/P1452 attachment cc: Cesar H. Odio, City Manager