HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-01154 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY ATTORNEY TO REQUEST THE SOUTHEAST
OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT AGENCIES TO EMPLOY OR RETAIN ITS OWN
GENERAL COUNSEL FOR LEGAL SERVICES OR IN THE ALTERNATIVE,
COMPENSATE THE CITY ATTORNEY FOR LEGAL SERVICES RENDERED BY
THE CITY ATTORNEY AS GENERAL COUNSEL; ESTABLISHING A SPECIAL
REVENUE FUND ENTITLED: "OFFICE OF THE CITY ATTORNEY LEGAL
SERVICES FEES COLLECTED FROM OUTSIDE AGENCIES," FOR THE
APPROPRIATION OF SAID FUNDS COLLECTED.
WHEREAS, the Southeast Overtown/Park West and Omni Redevelopment District Community
Redevelopment Agencies ("CRAs") and the City of Miami ("City") entered into an Interlocal
Cooperation Agreement on March 1, 2000, to permit the City and the CRAs to make the most efficient
use of their respective powers, resources and capabilities by enabling them to cooperate on the basis
of mutual advantage; and
WHEREAS, the March 1, 2000 Interlocal Cooperation Agreement, Article V, 5.1(c), sets forth
the policy that the City Attorney shall serve as General Counsel to the CRAs, unless the CRAs
otherwise select a General Counsel; and
WHEREAS, the City Attorney has served as General Counsel to the CRAs with the highest
integrity, dedication and professionalism that all clients deserve; and
WHEREAS, the CRAs are authorized to employ or retain its own counsel and legal staff in
accordance with §163.356(3)(c), Florida Statute (2008); and
WHEREAS, the CRAs approved budget for Fiscal Year 2010 legal services is approximately
$484,000, and a copy of the approved budget is attached hereto; and
WHEREAS, the City Attorney has served as the General Counsel for the CRAs without
compensation and upon information and belief, the Fiscal Year 2010 budgeted legal services do not
include compensation to the City Attorney for legal services rendered as General Counsel; and
WHEREAS, pursuant to the City Attorney's Executive Summary for January 1, 2008 through
June 30, 2009, the City Attorney advised that due to 2009-2010 budget challenges resulting in
reduced legal staffing, legal services will be discontinued for certain agencies, authorities and boards;
and
WHEREAS, should the CRAs desire to retain the City Attorney as its General Counsel,
City of Miami Page 1 of 2 Printed On: 10/13/2009
File Number. 09-01154
effective October 1, 2009, the CRAs will pay to the City Attorney (City) legal fees for such services in
the amount of $175 per hour, plus costs and expenses associated with such representation; and
WHEREAS, a special revenue project entitled "Office of the City Attorney Legal Services Fees
Collected from Outside Agencies" is created for the appropriation of said funds collected;
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 City Attorney is authorized to request the CRAs to employ or retain its own
General Counsel for legal services or in the alternative, compensate the City Attorney for legal
services rendered by the City Attorney as General Counsel.
Section 3. The following new Special Revenue Fund is established and resources are
appropriated as described below:
FUND TITLE: Office of the City Attorney Legal Services Fees Collected from
Outside Agencies
RESOURCES: Fees collected from legal services provided to the DDA
APPROPRIATIONS: Office of the City Attorney
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
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.
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