HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00648 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY SPRINT -SPECTRUM L.P. WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $97,000 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE FOLLOWING CASES,
PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY,
SPRINT -SPECTRUM L.P., ETC. VS. CITY OF MIAMI AND MIAMI-DADE COUNTY,
CASE NO.: 01-28782 CA 11, AND CITY OF MIAMI VS. SPRINT -SPECTRUM L.P.,
CASE NO.: 04-20914 CA 11, UPON THE EXECUTION BY SPRINT -SPECTRUM
L.P. OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A
DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS
FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Sprint -Spectrum LP 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.: 01-28782 CA 11, concerning a claim of alleged overpayment of Public Service
Taxes to the City of Miami during the period October 1, 1997 through September 30, 2000; and
WHEREAS, the City of Miami filed an action against Sprint -Spectrum LP challenging its
unilateral taking of credits from future tax payments to satisfy its claim for overpayment of Public
Service Taxes; and
WHEREAS, the CityAttorney'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 $97,000;
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 Sprint -Spectrum, L.P., without
admission of liability, the sum of $97,000 in full and complete settlement of any and all claims and
demands against the City of Miami, in the aforementioned cases upon the execution by
Sprint -Spectrum L.P. of a general release and dismissal with prejudice of the City of Miami from any
and all claims and demands raised in said lawsuits, on forms acceptable to the City Attorney, with
funds allocated from Account No. 00001.980000.531010.0000.00000.
Section 3. -This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
City of Miami Page 1 of 2 - File Id: 11-00648 (Version: 1) Printed On: 7/11/2011
File Number: 11-00648
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU )
CITY ATTORNEY
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 File Id.- 11-00648 (Version: 1) Printed On: 7/11/2011