HomeMy WebLinkAboutR-81-0781E
RESOLUTION NO.
Al -781
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
SETTLE THAT CERTAIN CLAIM FOR RESTITUTION BY
AMOCO OIL COMPANY IN THE CASE OF THE CITY OF
MIAMI V. FLORIDA EAST COAST RAILWAY COMPANY
ET AL., CIRCUIT COURT CASE NO. 71-17071, FOR
THE TOTAL SUM OF $70,500 INCLUDING ALL DAMAGES
OF ANY TYPE OR NATURE WHATSOEVER, AND INCLUDING
INTEREST, ATTORNEY'S FEES, AND COSTS.
WHEREAS, on September 9, 1971, the City of Miami, by
and through its City Attorney, filed Case No. 71-17071, styled
City of Miami v. Florida East Coast Railway Company, et al
in the Circuit Court in and for Dade County; and
and
WHEREAS, Amoco Oil Company was a Defendant in that action;
WHEREAS, the City of Miami petitioned for an Order of Taking
("Quick Take") and received such Order which vested a portion of
the property on which Amoco Oil Company had a service station
in and to the City of Miami, on April 26, 1976; and
WHEREAS, in May of 1977, the Third District Court of Appeal
of the State of Florida reversed that Order and orded a complete
return of said property to the private property owners; and
WHEREAS, the City of Miami had demolished Amoco Oil Com-
pany's station and all of its other improvements on the site, and
terminated its leasehold and all of its business on said site; and
WHEREAS, Amoco Oil Company filed a Petition for Restitu-
tion with the Circuit Court demanding damages for loss of its busi-
ness, loss of its property, attorney's fees and court costs; and
WHEREAS, the Trial Court Judge entered a Summary Judgment
in favor of Amoco Oil Company and against the City of Miami
for liability; and
WHEREAS, after extended litigation and negotiation, Amoco
Oil Company has agreed to settle said claim for $70,500
for all damages of any type or nature whatsoever including
interest, court costs, and attorney's fees; and
WHEREAS, this sum is a reasonable settlement of the Amoco
Oil Company claim and said settlement is recommended by the
CffY COMMISSION
MEETING OF
SEP 1 0 ' -Jdi
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City Attorney and is found to be properly payable from the
Self -Insured Trust Fund;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby authorized to
settle that certain claim for restitution by Amoco Oil Company
in the case of City of Miami v. Florida East Coast Railway Com-
pany, et al., Circuit Court Case No. 71-17071, for the total
sum of $70,500 including all damages of any type or nature
whatsoever, and including interest, attorney's fees and
costs.
PASSED AND ADOPTED this 10 day of September . 1981.
MAURICE A. FERRE
M A Y 0 R
ATTEST:
ALPH G. ONGIE CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNOX, JR.
CITY ATTORNEY
IWA2
81 - 7 81
CIYV OF MIAMI. FLORIOA
361 INTER -OFFICE MEMORANDUM
TO, Honorable Members CATE� August 17, 1981
of the City Commission
sue�Ecr City of Miami v. FEC/Amoco
. Oil Parcel - Claim Settlement
Geor�Knox Jr. Proposed Le islation ._
FROM 'i City gAttorney ' REFERENCES p g
(1)
ENCLOSURES:
On September 9, 1971, the City of Miami filed the original
action against the Florida East Coast Railway Company (FEC) to
condemn its property east of Biscayne Boulevard on the Bay.
In 1976, the City filed a "Quick Take" action and obtained a
portion of the property. The Amoco Oil site was part of the
property taken. After the entry of the Order of Taking, the
City demolished the Amoco Oil Station and all of its other
improvements. In May of 1977, the Third District Court of
Appeal reversed the Order of Taking and ordered the property
returned to the FEC and Amoco Oil Company, et al. Amoco then
filed a Petition for Restitution and the Trial Judge entered
a Summary Judgment for Liability against the City of Miami
in favor of Amoco Oil Company.
After extended proceedings and negotiation, Amoco has agreed
to settle for a total of $70,500 including interest, costs
and attorney's fees.
Our office recommends settlement of this claim and adoption
of the attached proposed Resolution.
G FK/RFC/rr
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..cc: Howard V. Gary
City Manager
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81-781