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Legislation
Resolution
File Number: 04-01372
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY MIAMI-DADE COUNTY, WITHOUT ADMISSION
OF LIABILITY, THE SUM OF $1,451,794 IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF NEXTEL V. CITY OF
MIAMI AND MIAMI-DADE COUNTY, IN THE CIRCUIT COURT FOR THE
ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
CASE NO. 01-26832 CA 09, UPON THE EXECUTION BY MIAMI-DADE COUNTY
AND NEXTEL SOUTH CORP., OF A GENERAL RELEASE AND DISMISSAL OF
THE CITY OF MIAMI, FROM ANY AND ALL CLAIMS AND DEMANDS RAISED IN
SAID LAWSUIT; ALLOCATING FUNDS FROM THE PUBLIC SERVICE TAX -
SPECIAL REVENUE FUNDS, INDEX CODE NO. 170001.000000.2235.
WHEREAS, Nextel South Corp., filed a claim and lawsuit against the City of Miami and Miami -
Dade County, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County,
Florida, Case No. 01-26832 CA 09, concerning a claim of alleged overpayment of Public Service
Taxes to the City of Miami during the period January 1, 1997, through November, 1999; and
WHEREAS, Miami -Dade County filed a cross -claim against the City of Miami in said lawsuit; and
WHEREAS, the City Attorney's Office has investigated this claim and lawsuit, pursuant to Sections
18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that
said claim and lawsuit be settled for the sum of $1,451,794;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Miami -Dade County, without admission of
liability, the sum of $1,451,794 in full and complete settlement of any and all claims and demands
against the City of Miami, in the case Nextel South Corp. v. City of Miami and Miami -Dade County, in
the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No. 01-
26832 CA 09, upon the execution by Miami -Dade County and Nextel South Corp., executing a general
release and dismissal of the City of Miami from any and all claims and demands raised in said lawsuit,
on forms acceptable to the City Attorney, with funds allocated from the Public Service Tax - Special
Revenue Fund, Index Code No. 1700001.000000.2235.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami Page 1 of 2 Printed On: 12/30/2004
File Number, 04-01372
APPROVED AS TO FORM AND CORRECTNESS--
ORGE L. FRNANDEZ wn,
CITY A ITO"NEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 12/30/2004