HomeMy WebLinkAboutSummary MemoCITY OF MIAIVH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission,
FROM: Julie O. Bru, City Attorney
DATE: January 21, 2010
RE: Proposed Settlement — City Commission Agenda — February 10, 2011 -
AT&T Communications of the Southern States, Inc. v. City of Miami and
Miami -Dade County, Miami -Dade County Circuit Court, Case No.: 02-
30570 CA 27
File ID No. 11-00061
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami asserted in the above -referenced case, in the amount of $200,000.
This is a claim for alleged overpayment of Public Service Taxes by AT&T
Communications of the Southern States, Inc., to the City, during the period June 1, 1998 through
December 31, 1999, caused by the alleged erroneous payment by AT&T to the City of Miami,
instead of to Miami -Dade County. In the lawsuit, Miami -Dade County filed a claim for
underpayment against AT&T, and a cross -claim against the City to impose an equitable
constructive trust, which it recently dismissed. The total amount of alleged overpayment is
$1,576,454. The County further claimed pre judgment interest and penalties. The proposed
settlement would require the City to pay AT&T $200,000, and would require AT&T to pay the
County $1,000,000. The City's contribution represents 13% of the total claim as of October 7,
2002, without interest.
Funds, in the amount of $200,000 will be allocated from Account Code No.
05002.301001.545000.0000.00000.
Attachment
c. Tony E. Crapp, Jr., City Manager
Elvi Gallastegui, Agenda Coordinator
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