HomeMy WebLinkAboutR-86-0432d-86-480
6/2/86
RESOLUTION NO. 86432"
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENTER INTO A SETTLEMENT STIPULATION IN THE
CASE OF ROLLE, ET AL. V. CITY OF MIAMI,
FLORIDA, WHICH LITIGATION CHALLENGED THE USE
OF CERTAIN LANGUAGE THAT HAD BEEN INCLUDED IN
A NONSUBSTANTIVE CITY CHARTER AMENDMENT
ADOPTED AT A SEPTEMBER, 1984 REFERENDUM AS
CONSTITUTING AN ARGUABLY SUBSTANTIVE CHARTER
CHANGE, SAID STIPULATION PROVIDING FOR THE
RESTORATION OF LANGUAGE, IN CERTAIN
CHALLENGED CHARTER SECTIONS, WHICH EXISTED IN
THE ORIGINAL CHARTER PRIOR TO SAID
REFERENDUM.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby authorized to
enter into a settlement stipulation in the case of Rolle. et al..
v. City of Miami. Florida, which litigation challenged the use of
certain language that had been included in a nonsubstantive City
Charter Amendment adopted at a September, 1984 referendum as
constituting an arguably substantive Charter change, said
stipulation providing for the restoration of language, in certain
challenged Charter sections, which existed in the original Charter
prior to said referendum.
PASSED AND ADOPTED this 12th day of ,TUNE 1986.
XAVIER L 4,odUAREZ
ATTE MAYOR
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED A$GTO F03M AND CORRECTNESS:
LUCIA A. DOUGHERTY
CITY ATTORNEY
RFC/rr/M130
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JUN 12 tSM
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CITY OF MIA MI, FLORIDA
INTER -OFFICE MEMORANDUM 21
TO. Cesar H. Odio, City Manager
Attn: Alberto Ruder, Special
Assistant to City Manager
DATE June 4, 1986 FILE
SUBJECT Settlement of Charter Amend
ment Litigation, Rolle•
et al. v. City of Miami
FROM Lucia A. Dougherty REFERENCES City Commission Meeting,
City Attorney 6/12/86
ENCLOSURES ( 2
On September 4, 1984 a Special Election was held for the purpose
of approving an amendment to the City Charter correcting
grammatical, syntactical, and linguistic errors; eliminating
obsolete or redundant provisions, restructuring and renumbering
Charter Sections and parts thereof for olarity. Prior to said
Election, Plaintiff, Wellington Rolle, had filed a lawsuit
seeking to enjoin the Election and requesting declaratory relief,
challenging said amendment on procedural and substantive grounds.
The Court denied Plaintiff's Motion for Injunctive Relief and
permitted the Election to take place which resulted in the
proposed Charter Amendment being approved by the electorate.
Subsequent to said Election, the Court stayed implementation of
the amended Charter pending disposition of the issues raised in
the pleadings.
The Charter, as amended and approved by the electorate, now
appears in vastly -improved form by reason of its condensed
length, simplified language, and restructuring. Because of the
benefit to be derived from the newly -amended Charter form (only
33 sections instead of 131 sections) and to eliminate costs of
future extended litigation, as well as the problem of uncertainty
as to which Charter version shall be applicable during the course
of future amendments currently being considered, it is
recommended that the attached resolution be adopted approving
settlement of the litigation.
The proposed settlement stipulation is attached for City
Commission reference and review. Please note that the
stipulation provides for payment of counsel fees and costs in the
amount of $10,000. Said sum is available from Special Programs
and Accounts, Contingent Fund.
LAD/RFC/rr/P226
oo: Natty Hirai, City Clerk
B6-432 "
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Cesar H. Odio, City Manager DATE. June 4, 1986 FILE-
Attn: Alberto Ruder, Special
Assistant to City Manager SUBJECT: Settlement of Charter
Amend-
ment Litigation,
Rolle,
FROM: REFERENCES: et al, v. City of
Miami
ENCLOSURES.
Lucia A. Dou herty Gity -Commission
Meeting,
City Attorney 6/12/86
(1)
On September 4, 1984 a Special Election was held for the purpose
of approving an amendment to the City Charter correcting
grammatical, syntactical, and linguistic errors; eliminating
obsolete or redundant provisions, restructuring and renumbering
Charter Sections and parts thereof for clarity. Prior to said
Election, Plaintiff, Wellington Rolle, had filed a lawsuit
seeking to enjoin the Election and requesting declaratory relief,
challenging said amendment on procedural and substantive grounds.
The Court denied Plaintiff's Motion for Injunctive Relief and
permitted the Election to take place which resulted in the
proposed Charter Amendment being approved by the electorate.
Subsequent to said Election, the Court stayed implementation of
the amended Charter pending disposition of the issues raised in
the pleadings.
The Charter, as amended and approved by the electorate, now
appears in vastly -improved form by reason of its condensed
length, simplified language, and restructuring. Because of the
benefit to be derived from the newly -amended Charter form (only
33 sections instead of 131 sections) and to eliminate costs of
future extended litigation, as well as the problem of uncertainty
as to which Charter version shall be applicable during the course
of future amendments currently being considered, it is
recommended that the attached resolution be adopted approving
settlement of the litigation.
The proposed settlement stipulation is attached for City
Commission reference and review. Please note that the
stipulation provides for payment of counsel fees and costs in the
amount of $10,000. Said sum is available from Special Programs
and Accounts, Contingent Fund.
LAD/RFC/rr/P226
cc: Matty Hirai, City Clerk
Sf -43z ,
Fro
09:28 AM
Subject
To:
CC:
S
B. Solomon Wednesday 06/04/86
Rolle Litigation Settlement Reso
J. Brown
S. Lowman