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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez DATE: July 25, 2019 RE: Request for Authorization - City Commission Meeting — July 25, 2019 Bejarano v. City of Coral Gables File No.: 6226 The attached proposed Resolution seeks authorization for the City of Miami to file brief(s) in support of the City of Coral Gables as amicus curiae in all appellate proceedings in Bejarano v. City of Coral Gables 2019 WL 3046851 (Fla. 3d DCA 2019) ("Bejarano decision") due to the important issues raised in the Bejarano decision regarding the assertion of sovereign immunity for a planning level decisions. Attachment(s) cc: Emilio T. Gonzalez, City Manager Christopher M. Rose, Director, Office of Management Budget Miriam Santana, Agenda Coordinator VM/JAG/vja City of Miami Legislation Resolution Enactment Number: R-19-0299 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6226 Final Action Date:7/25/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY OF MIAMI TO FILE BRIEF(S) IN SUPPORT OF THE CITY OF CORAL GABLES AS AMICUS CURIAE IN ALL APPELLATE PROCEEDINGS IN BEJARANO V. CITY OF CORAL GABLES. WHEREAS, on July 10, 2019, the Third District Court of Appeal rendered a decision in Bejarano v. City of Coral Gables, 2019 WL 3046851 (Fla. 3d DCA 2019) (hereinafter the "Bejarano decision"); and WHEREAS, the Bejarano decision involved the City of Coral Gables' assertion of sovereign immunity for a planning level decision to design and place palm trees with wooden supports in a median; and WHEREAS, the Bejarano decision reversed a summary judgment entered in favor of the City of Coral Gables and remanded the case to the trial court for further proceedings; and WHEREAS, the City of Coral Gables intends to file a motion for clarification of the Bejarano decision in the Third District Court of Appeal; and WHEREAS, because of the important issues raised in the Bejarano decision, it is in the best interest of the City of Miami to support the City of Coral Gables in all further appellate proceedings; 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 Commission authorizes the City of Miami to file brief(s) in support of the City of Coral Gables as amicus curiae in all appellate proceedings in Bejarano v. City of Coral Gables. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 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. APPROVED AS TO FORM AND CORRECTNESS: