HomeMy WebLinkAboutR-88-0991I
J-88-1049
10/25/88
R ESOLIIT T ON NO. S S_99 S
A RESOLUTION INCREASING THE MAXIMUM
COMPENSATION SET BY RESOLUTION NO. R6-401 RY
AN ADDITIONAL $30,000.00 TO THE 1,AW FIRMS OF
JOSEPH 7. FLEMING AND PARKER THOMSON, AT AN
HOURLY RATE OF $50.00 AS COMPENSATION FOR
LEGAL SERVICES RENDERED AS SPECIAL COUNSEL IN
DEFENDING THE CITY OF MIAMI THROUGH TRIAL
STAGE AND APPELLATE PROCEEDTNGS IN CONNECTION
WITH ZONING RELATED LAWSUITS INVOLVING
PROPERTY LOCATED AT 3471 MAIN HIGHWAY.
WHEREAS, the City Commission, throuqh Resolution No. 86-401,
adopted May 22, 1986, authorized employment of. the Law Firms of
Joseph Z. Fleming and Parker Thomson as Special Counsel to serve
the City in defending through the trial stage, lawsuits filed by
Kenneth Treister, et al., in connection with the City's denial of
certain zoning applications at approximately 3471 Main Highway in
Coconut Grove; and
WHEREAS, said Resolution No. 86-401 authorized payment of
$50.00 per hour (modified pro bono) for services up to a maximum
compensation of $50,000; and
WHEREAS, the subject litigation is presently pending in one
form or another in federal court, the Third District Court of
Appeals, and the Circuit Court; and
WHEREAS, briefs and oral arguments before the Appellate
Division of the Circuit Court have recently resulted in a ruling
favorable to the City of Miami; and
WHEREAS, the Plaintiffs have appealed the decision of the
Appellate Division to the Third District Court of Appeals; and
WHEREAS, potential exposure to the City remains great until
the last court rules on this matter in the City's favor; and
WHEREAS, the case now involves many law firms on both sides
of the issue in addition to the Office of the City Attorney; and
WHEREAS, the Law Firms of Joseph Z. Fleming and Parker D.
Thomson have long since reached the maximum levels of their
CITY COMMISSION
MEETING OF
OCT Z'l 119888
RESOLUTION No. 88-991
i
authorized compensation set. by Reso]ution No. 86-401, but
continue to provide extremely comnptent and dedicated legal
services on this matter without additional hourly compensation;
and
WHEREAS, there have been, and will continue to be, countless
hearings, pleading preparations, brief preparations, oral
arguments, meetings, and requisite research in addition to the
time spent in the above activities; and
WHEREAS, the funds allocated herein are prospective in
nature and will cover future billings only; and
WHEREAS, the City Attorney has advised the City Commission
of the superior quality of Joseph Z. Fleming and Parker. Thomson's
representation of the City to date on the subject case;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The maximum compensation authorized by
Resolution No. 86-401 adopted May 22, 1986, for payment to the
law firms of Joseph Z. Fleming and Parker Thomson for legal
services rendered in connection with the defense of the City of
Miami on lawsuits filed in connection with zoning matters
involving 3471 Main Highway, is hereby increased by a total of
$30,000.00 with the hourly rate remaining at $50.00 per hour.
Section 2. The amount authorized herein is prospective in
nature and shall be for services rendered from the date of this
Resolution.
PASSED AND ADOPTED this 27th da of Octo , 1988.
A T ST:
J.
MATT HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
4-/, "V ; � e 6114
JOEL E. MAXWELL
ASSISTANT CITY ATTORNEY
XAVIER L. SUAREZ
MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
JO GE If. FE NANDEZ
CITY A TO EY
JEM/db/M841
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CITY OF M�eM' FLORIDA
INTER -OFFICE MEMORANDUM
TO Cesar H. Odio, City Manager DATE October 13, 1988 FILE
Att: Aurelio Perez-Lugones
SUBJECT Discussion concerning
litigation costs for
�l �t�i�� Commodore Bay
/AJorge L. Fernande REFERENCES
City Attorney City Commission Agenda
ENCLOSURES October 27, 1988
30
Please place the following item on the October 27th Commission
Agenda as a discussion item:
"Discussion concerning litigation costs in connection
with Commodore Bay property located at 3471 Main
Highway."
JLF:RFC:bss:P613
cc: Mayor and Members of the City Commission
John J. Copelan, Jr., Deputy City Attorney
Joel E. Maxwell, Assistant City Attorney