HomeMy WebLinkAboutR-81-06580
RESOLUTION NO. $1 * 6 5 $
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
SETTLE THAT CERTAIN CLAIM FOR RESTITUTION BY
STANDARD OIL COMPANY (NOW KNOWN AS CHEVRON 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 $55,000 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
WHEREAS, Standard Oil Company was a Defendant in that
action; and
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 Standard 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 Standard 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, Standard Oil Company filed a Petition for Restitu-
tion with the Circuit Court demanding damages for loss of its busi-
ness, loss of its property, attorneys fees and court costs; and
WHEREAS, the Trial Court Judge entered a Summary Judgment
in favor of Standard Oil Company and against the City of Miami
for liability; and
WHEREAS, after extended litigation and negotiation, Stan-
dard Oil Company has agreed to settle said claim for $55,000
for all damages of any type or nature whatsoever including
interest, court costs, and attorneys fees; and
i WHEREAS, this sum is a reasonable settlement of the Stan-
dard Oil Company claim and said settlement is recommended b
the City Attorney; aY COMMISSION
' MEETING OF
JUL2 3 IWA
........'....
IMAM ..................... ;
�
�}i 1'u$�' e•
+`,eF ,fJ f, ,.yfi �.
k n.0 �
y(,.�yy;
1 '"cp'SN`c'1,yt'� Sl? _ a:5"L'� F � F:_u?.t,- -„
� +�' ;# _ r J•4
�# t
TIMMORI* 'tit iT AHOLVID tV Tilt COMM98f09.
Oi TMI
P
�0 TV WMUHtj yLOTtfOA:
Section 1. The City Attorney is hereby authorized t
.' 4ae'ttle that certain claim for restitution by Standatd
Oil
Company (now known as Chevron Oil Company) in the case of
City of Miami v. Florida East Coast Railway Company,
et al.j °-
Circuit Court Case No. 71-17071, for the total sum of
$55,000
including all damages of any type or nature whatsoever,
and
including interest, attorneys fees and costs.
PASSED AND ADOPTED this23rd day of July
19g1.
Maurice A. Ferre
M A Y O R
TEST:
C*" g2-4 c
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
, 4 - '-9 Axy,4 jV-1
ROBERT
F. CLARR
ASSISTANT CITY ATTORNEY
APPR
AS TO ORM AND
CORRECTNESS:
GEORWY.
RNOX, J .
CITY AtIrORNEY
_.
.. 'r°• N.., .;.ne P i`,Wti'edxFt++ 'Sz'+ .p'SMR '"'»E"r
J,
x N�
�.
�•
.li
w t '
xt£i
5 F
rri��BGt °3t`
4aft
to Honorable Members
o he Cit ion
DATE- July 13, 1981
SUOJECr. City of Miami v. FEC/Standard
Oil Parcel - Claim Settlement
FaoM Ge ge F Knox, Jr. REFtRENCES: Proposed Legislation
Ci. Attor
ENCLOSURES. ( 1 )
On September 9, 1971, the City of Miami filed the original
action against the Florida East Coast Railway Company (FEC) to
j 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 Standard Oil site was part of
the property taken. After the entry of the Order of Taking,
the City demolished the Standard 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 Standard Oil Company, et al. Stan-
dard then filed a Petition for Restitution and the Trial Judge
entered a Summary Judgment for Liability against the City of
Miami in favor of Standard Oil Company.
Several years ago Standard offered to settle for a total of
One Hundred Twenty-nine Thousand Dollars exclusive of interest,
costs and attorney's fees. After extended proceedings and
negotiation, Standard has agreed to settle for a total of Fifty-
five Thousand Dollars including interest, costs and attorney's
fees.
Our office recommends settlement of this claim and adoption
of the attached proposed Resolution.
GFK/RFC/rr
cc: Howard V. Gary
City Manager