HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miarnigov.com
File Number: 06-02297 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 $780,000 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
SOUTH CORP. VS. MIAMI-DADE COUNTY, AND CITY OF MIAMI, IN THE
CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.: 04-9795 CA
30, UPON THE EXECUTION BY MIAMI-DADE COUNTY AND NEXTEL SOUTH
CORP., OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A
DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS
FROM THE GENERAL FUNDS MISCELLANEOUS PAYABLES ACCOUNT.
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. 04-9795 CA 30, concerning a claim of alleged overpayment of Public Service Taxes
to the City of Miami during the period October, 2000 through September, 2001; 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 $780,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
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 $780,000 in full and complete settlement of any and all claims and demands
against the City of Miami, in the case Nextel South Corp. v. Miami -Dade County and City of Miami, in
the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No. 04-
9795 CA 30, upon the execution by Miami -Dade County and Next& South Corp., of 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 General Funds Miscellaneous
Payables Account.
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: 12/29/2006
File Number: 06-02297
APPROVED AS T
FORM AND CORRECTNESS:
ORGE FE'NANDEZ tAA,}
CITY AT OR EY
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: 12/29/2006