HomeMy WebLinkAboutSummary FormCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor . Members of the City Commission,
FROM: Jorge L. Fernan+ -z, Attorneyv4,,
DATE: December 29 / 106
RE: Proposed Settlement — City Commission Agenda — January 11, 2007
Nextel South Corp. v. Miami -Dade County and City of Miami,
Miami -Dade County Circuit Court, Case No.: 04-.9795 CA 30
Claim No.: 00757-001717-EO-01 (File No. 06-02297)
Matter ID No.: LO-0400169
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami asserted in the above -referenced case, for the sum of $780,000.
This is a claim for alleged overpayment of Public Service Taxes by Nextel South Corp. to
the City, during the period October, 2000 through September, 2001, caused by the erroneous
geographic coding of customers by Nextel to the City of Miami, instead of to Miami -Dade
County. In the lawsuit, Miami -Dade County filed a cross -claim against the City. The total
amount of alleged overpayment is $1,499,319. The County further claimed pre judgment
interest. The proposed settlement would require the City to pay the County $780,000 and would
require Nextel to pay the County an additional $141,078.57. Therefore, the County would be
recovering a total of $921,078.57 from both the City and Nextel. The City's contribution
represents 52% of the total claim as of November 18, 2003, without interest.
Funds in the amount of $780,000 will be allocated from the General Funds Miscellaneous
Payables Account.
W 1332: WB
Attachment
c. Pedro G. Hernandez, City Manager
Elvi G. Alonso, Agenda Coordinator
Doc. No.: w1332