HomeMy WebLinkAboutR-85-0354c
J-85-292
3/11/85
rr/062/D-T
RESOLUTION NO.
A RESOLUTION WAIVING THE REQUIREMENTS AND
PROHIBITION CONTAINED IN CITY CODE
SECTION 2-302; AUTHORIZING THE CITY
ATTORNEY TO ENGAGE THE LEGAL SERVICES OF
JOSE GARCIA-PEDROSA, OF THE LAW FIRM OF
FINLEY, KUMBLE, WAGNER, HEINE, UNDERBERG,
MANLEY & CASEY, AS OUTSIDE COUNSEL TO
HANDLE PENDING LITIGATION IN THE CASE OF
BRICKELLBANC SAVINGS ASSOCIATION VS. THE
CITY OF MIAMI, FLORIDA, USING MONIES
THEREFOR ALLOCATED FROM SPECIAL PROGRAMS
AND ACCOUNTS, LEGAL SERVICES ACCOUNT.
WHEREAS, prior to serving as City Attorney of the City
of Miami, Jose Garcia -Pedrosa was successfully engaged in
private practice as a trial lawyer; and
WHEREAS, City Attorney Jose Garcia -Pedrosa resigned from
City of Miami employment on July 31, 1984 after two years of
faithful and effective service; and
WHEREAS, the City of Miami has a vital interest in the
success of pending litigation involving the City
and
Brickellbanc Savings Association; and
WHEREAS, Mr. Garcia -Pedrosa had been involved with
this
litigation for many months preceding his departure
from
office; and
WHEREAS, it is in the best interest of the City
that
this litigation involvement and experience of
Mr.
Garcia -Pedrosa be preserved, continued and maintained;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE
CITY OF MIAMI, FLORIDA:
Section 1. The authorization set forth in Section 3
hereof is based upon the following findings by four -fifths of
the members of the City Commission:
(a) The services of
Jose Garcia -Pedrosa
are
unique
in character as they relate
to
certain
pending
litigation involving
the
City of
Miami
which litigation will
be
the object of
his services when he
is
engaged
by the
City Attorney pursuant
to
this resolution.
i
CITY COMMISSION
MEETING OF
MAR 28 1985
RESULUIWA ,:... SS--354
REMARKS.
i
(b) The City of Miami cannot avail itself of such
services without authorizing the herein proposed
relationship which would be in violation of City
Code Section 2-302 were there not a waiver of the
requirements and the prohibition contained in said
Section 2-302.
(c) The herein proposed relationship will be
in the best interest of the City of
Miami.
Section 2. Based upon the findings set forth in
Section 1 hereof, the requirements and prohibition contained
in Section 2-302 of the City Code are hereby waived.
Section 3. The City Attorney is hereby authorized to
engage the legal services of Jose Garcia -Pedrosa, of the law
firm of Finley, Kumble, Wagner, Heine, Underberg, Manley &
Casey, as outside counsel to handle pending litigation in the
case of Brickellbanc Savings Association vs. the City of
Miami, Florida, using monies therefor hereby allocated from
Special Programs and Accounts, Legal Services Account.
PASSED AND ADOPTED this 28th day of MARCH , 1985.
MAURICE A. FERRE
M A Y 0 R
A T:
--��/� ��'" i`[�' C-- � .', �.���• ,cam_./'
R LPH ONGIE
CI Y CLERK
PREPARED AND APPROVED BY:
;7
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROV AS TO FORM AND CORRECTNESS:
"U%,4- a ra. uvvy
CITY ATTORNEY
85-354:'
It'll"F Fq-C)� i'..t' i.iC:.i
Honorable Mayor and Members
of the C.ity-Commission
Lucia 721—. Dougherty
City Attorney
March 13, 1985 D-A
Authorization to Engage
the Legal Services of Jose
Garcia -Pedrosa Former City
Attorney
3:30 PM Public Hrg. on 3/28/85
Attached is a proposd Resolution authorizing the City Attorney to
hire Jose Garcia -Pedrosa, Esq., of the Law Firm of Finley,
Kumble, Wagner, Heine, Underberg, Manley & Casey, as outside
counsel to handle the litigation in Brickellbanc Savings
Association v. City of Miami, et al., U.S. District Court, Case
No. 82-2478 CIV-CA.
Due to former City Attorney Jose Garcia-Pedrosa's extensive
involvement in this matter, it is recommended that Mr.
Garcia-Pedrosa's involvement be preserved and maintained.
Y
There will be an advertised required public hearing scheduled for
3:30 P.M. at the March 28, 1985 Commission Meeting.
cc: Randolph B. Rosencrantz
City Manager
Ralph G. Ongie
City Clerk
Aurelio E. Perez-Lugones, Director
P&Z Boards, Administration Dept.
H-85-354_.