HomeMy WebLinkAboutcover memoCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEM a ' • NDUM
TO: Mayor and Members of
FROM: Alejandro Vilarello,
DATE: March 31, 2004
RE: Proposed Settlement-
Amerigas, L.P. vs.
Case No.:01-1227
(File No. 04-00224)
ity A
City
Commission
y
ty Commission Agenda -April 8, 2004
ty of Miami, Miami -Dade County Circuit Court
CA 10, Claim No,:000757001739-EO-01
The attached proposed Resolution seeks authorization for the settlement of all
claims against the City of Miami, its officers, agents, and employees, in the above
referenced case, in the amount of $129,809.16.
This is a lawsuit filed by a gas utility provider, who claims that from the period
January 1994 through December 1998, it erroneously overpaid municipal Public Service
Taxes to the City of Miami, in the amount of $365,451.48, which were properly due to
Miami -Dade County or other municipalities.
Section 166.234(4)(b), F.S., limits a refund to three years following remittance,
and therefore, Amerigas agreed to restrict its claim to the period January 11, 1997 through
December 31, 1998, in the amount of $129,809.16.
The assistance of the Information Technology Department was requested to create
a program to sort Amerigas' customers by address in order to ascertain whether Amerigas'
calculations could be justified. The results reflected sufficient justification for Amerigas'
claim.
Funds in the amount of $129,809.16 will be allocated from Account Code No.
515001.624401.6340.65119.
W1021:MGC
Attachment
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator