HomeMy WebLinkAboutM-77-0349•5
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO
The Honorable Members
of the City COMMis8i0h
G rge V Knox, Jr,
City Attcjrney
I: A I fi
April 12, 1977
Special Assistaftt
PEC Railway Co, Condemnation Case
After consulting with John R. Farrell, Toby Prince Brigham and
Leon 0, Black, Jr. and after reviewing the proposals submitted
by each of said attorneys, it is my opinion that the City should
hire John. R. Farrell to handle the PC condemnation.
Mr, Farrell's proposal is that he would be paid 1-1/2% of the
City's highest appraisal, This would include all work in the
Circuit and Appellate Courts. The fee would be reduced by 75% in
the event that the City's right to take the property is denied,
Mr, Brigham has made three proposals to the City. I believe the
most favorable of the three to the City is a flat fee of $150,000
for Circuit Court work and $15,000 for each appellate proceeding.
Mr, Black has also made three proposals. I believe the most favorable
to the City is 1-3/4% of the City's highest appraisal (2% if less
than the entire tract is taken) for work in the Circuit Court and
Appellate Court fees ranging between $5,000 and $15,000.
While all three of the attorneys are extremely competent in the area
of Eminent Domain, I am suggesting that the City hire John R. Farrell
since approximately 50% of his work in the area has been in representa-
tion of condemning bodies while the other two attorneys have not
represented condemning authorities. The difference, I believe, is that
all of his trial tactics, arguments and strategy on behalf of the
condemning authorities have been developed, tried and tested over a
period of years.
If for any reason we cannot reach an agreement with John Farrell, or
in the alternative if Mr. Farrell withdraws his offer, I would not
hesitate to recommend one of the other two attorneys to represent the
City. It may also be noted that Mr. Farreli's fee appears to range in
between the other two proposals.
JFK/sdp
Attachments
77- SP?
MEAtbk
4/11/77
RESOLUTION NO,
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
APPOINT AS A
SPECIAL AS8ISTANT, AND TO ENTER INTO AN ACHE-
MENT RELATIVE THERETO, TO HANDLE THE PLORIDA
EAST COAST RAILWAY COMPANY CONDEMNATION CASE,
TO INCLUDE ALL Wok IN THE CIRCUIT COURT AND
ALL WORK IN THE APPELLATE CoURT8, IP NECESSARY,
IN ACCORDANCE WITH HIS PROPOSAL ATTACHED HERETO
AND MADE A PART HEREoP, AND AUTHORIZING AND
DIRECTING THE FINANCE DIRECTOR TO PAY THE SUMS
INCURRED MOM THE PARKS PoR PEOPLE BOND PUNDS.
WHEREAS, the City Attorney is not at the present time
in position to fully prosecute the Florida East Coast Railway
Company condemnation case due to the complexities thereof; and
WHEREAS, the City Attorney has recommended that the
City hire outside counsel for this case;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA: 0073
Section 1. The City Attorney be, and he is hereby,
authorized to appoint as a Special
Assistant, and to enter into an agreement relative thereto, to
handle the Florida East Coast Railway Company condemnation case,
to include all work in the Circuit Court and all work in the
Appellate Courts, if necessary, in accordance with his proposal
attached hereto and made a part hereof.
Section 2. The Finance Director be, and he is hereby,
authorized to pay the sums incurred from the Parks for People
Bond funds.
PASSED AND ADOPTED this day of , 1977.
ATTEST:
City Clerk
PREPARED AND APPROVED BY:
_1/4
MICHEL E. ANDERSON - -
Assistant City Attorney
AITROVED AS TO FORM AlD CORREcTNESS:
(
MAYOR
"1:riC;'(.1;‘,1EivilT )LX
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ITEM O.
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City AttovOgy •