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HomeMy WebLinkAboutR-16-0589City of Miami Resolution R-16-0589 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1410 Final Action Date: 12/8/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS TO RETAIN DANIEL B. ROGERS, ESQ. OF SHOOK, HARDY & BACON, LLP, AS OUTSIDE CONFLICT COUNSEL IN THE MATTER OF BATTERSEA WOODS, LLC V. CITY OF MIAMI, CASE NUMBER 16-402 AP PENDING IN THE APPELLATE DIVISION OF THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT CODE NUMBER 00001.980000.531010.0000.00000. WHEREAS, Battersea Woods, LLC has filed a Petition for Writ of Certiorari and for Writ of Mandamus challenging the denial of its plat application by the City of Miami City Commission ("City Commission"); and WHEREAS, the Office of the City Attorney advises the City Commission and City of Miami ("City") staff on legal matters; and WHEREAS, the Office of the City Attorney requested an ethics opinion from The Florida Bar regarding its duty and ability to represent the City in this matter; and WHEREAS, The Florida Bar recommended that the Office of the City Attorney not represent the City in this matter; and WHEREAS, the Office of the City Attorney wishes to avoid any possibility of a conflict arising in its legal representation concerning this matter; and WHEREAS, the Office of the City Attorney requests authorization to retain Daniel B. Rogers, Esq. of Shook, Hardy & Bacon, LLP as outside conflict counsel for the representation of the City in the case of Battersea Woods, LLC v. City of Miami, Case Number 16-402 AP, pending in the Appellate Division of the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida; 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 fully set forth in this Section. Section 2. The expenditure of attorney's fees and costs to retain Daniel B. Rogers, Esq. of Shook, Hardy & Bacon, LLP as outside conflict counsel for the representation of the City in the case of Battersea Woods, LLC v. City of Miami, Case Number 16-402 AP, pending in the Appellate Division of the Circuit Court of the Eleventh Judicial Circuit, in City of Miami Page 1 of 2 File ID: 1410 (Revision:) Printed On: 3/18/2025 File ID: 1410 Enactment Number: R-16-0589 and for Miami -Dade County, Florida is authorized, with funds allocated from the Non - Departmental Account Code Number 00001.980000.531010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: Barnaby I_. Min, Deputy City Attorney 11/29/2016 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 1410 (Revision:) Printed on: 3/18/2025