HomeMy WebLinkAboutR-79-0648"SUPPORTIV
DOCU N1 E NT
FOLLOW"
RESOLUTION NO. 9. 6 415
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO THE LAW FIRM OF SHUTTS
BOWEN THE SUM OF $17,500,00, IN FULL AND
COMPLETE SATISFACTION OF ITS CLAIM FOR FEES
FOR SERVICES RENDERED DURING ITS REPRESENTATION
FLORIDA EAST COAST RAILWAY COMPANY
GAINST WHOM THE CITY OF MIAMI UNSUCCESSFULLY:'.
ITIATED EMINENT DOMAIN PROCEEDINGS.
WHEREAS, The Florida East Coast Railway Company filed a
Petition for Restitution against the City
for damages it sustained as a result of
of Miami to.recover-'.
the Order of Taking
by Dade County Circuit Court, pursuant to
parcels of real property
entered
which title to' certain
owned by said railway company was vested
in the City of Miami for .a` period of thirteen months until sai
Order of Taking was -reversed by,the Third District .Court of
thus revesting title in said railway company; and
WHEREAS, a Summary Judgment as. to
in
liability was
favor of said railway company by the Circuit Court in
Anneals,
entered
and for
Dade County on said Petition for Restitution, said Summary Judgment
stating that the City of Miami is liable'for any and all damages
by said Florida East CoastRailwa Com s 1115nIt
Duuu
Taking an
incurred
the
u ”
ITEM NO.
WHEREAS, on June 25, 1979, the City Commiss,:on passed
Resolution No. 79-431, authorizing. the;. Director of Finance to
Coast Railway Company the sum of $60,882.82.in
settlement of its claim against
to
Order of
Florida East
full and complete
for damages
Order
suffered by said
of Taking entered
WHEREAS
railway company as ` a
on April 27, 1976; and
after severalconferences
the files of FEC's counsel by, an independent
counsel for.
$17,500.00
the City
of
Pay
of Miami
result of the
and an examination of
objective attorney,
the railway company has agreed to accent the `sum of
in fulland complete satisfaction of it
s fees for services
COY COMMISSION i
MEETING OF
SEP211f»
swum la 7 9. 6 4 !:(
...w ... •... . ... .
rendered by it in the
prosecution of the aforedescribed eminen
domain proceeding;. and
WHEREAS, it is advantageous for the City of Miami, to
pay this sum to effect a saving and stop the running of interest;
NOW, THEREFORE, BE IT RESOLVED BY THE COINISSION OF THE
CITY OF MIAMI `, FLORIDA:
Section 1. The Director of Finance is hereby directed
to pay to the Law Firm of Shutts & Bowen the sum of$17,500.00 in
complete satisfaction : of its claim for fees : for services
rendered during its representation of Florida East Coast Comp•
any
against whom the: City of Miami unsuccessfully initiated eminent
domain proceedings.
PASSED AND ADOPTED this 27th day, of`September
full and
1979.
Maurice . A. Ferre
MAY.OR;,
PREPARED AND APPROVED BY:
pG f.
ROBERT F. CLAP.K
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRE
F. KNOX,, R.
CI Y TTORNEY/
"SUPPORTIVE
DOCUMENTS
FOLLOW"
79-648
The tlonorable Members of
The. City Commission
*1. '1_O1U .
-•1t_WO ANOUM
September 14
City of Miami v.-!FEC, etc.
Case No. 71-1707.1
Attorney's fees
In July. of 1977, the Third District Court of Appeals reversed the Circuit
Court's Order of Taking pursuant to which title to three parcels of property
owned by FEC had been vested in the City of Miami. Subsequent to said reversal,
FEC, as well as several other defendants in the original eminent domain pro—
ceeding, filed Petitions for Restitution against the City of Miami to recover
for damages sustained by them during the thirteen months period in which the
City held title to the subject property. The Circuit Court recently entered
a Summary Judgment as to Liability against the City of Miami in favor of FEC,
ruling that the City is liable for any and all damages suffered by the FEC
Railway Company during said thirteen months period.
On June 25, 1979, pursuant to Resolution No. 79-431, the City, Commission
authorized the Director of Financeto, pay to Florida East Coast Railway Company
the sum of $60,882.82 in full and complete settlement of its claim against the
City of Miami for the damages referred to above.
The Law Firrn of. Shutts & Bowen, counsel for FEC in the above restitution
action, has now filed a Motion for Attorney's fees for legal services rendered
in the prosecution of said restitution action. After several. conferences with
said counsel for FEC and; after obtaining the objective independent opinion of
another attorney as to the amount of expertise reflected by Shutts & Bowen, in
itsprosecution of this matter, and the amount of time required for the pre—
paration thereof, it is recommended that the City Commission` approve the
figure of $17,500.00 as, full payment of attorney's fees for services rendered
by Shutts & Bowen in the subject action, in order to avoid the obvious ex—
penses which ;would :be incurred should this matter be set down for a hearing
on the subject of attorney s fees.