HomeMy WebLinkAboutR-77-0673approved., ratified and confirmed,
RESOLUTION tNO:77-673
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENTER INTO AN AGREEMENT WITH THE LAW FIRM OF
OiCONNOR AND HANNAN FOR PROFESSIONAL SERVICES
TO ASSIST IN THE LITIGATION REGARDING THE CITY
OF MIAMI'S PUBLIC WORKS FEDERAL GRANT FUNDS FOR
A FEE NOT TO EXCEED $8,500.00 BASED UPON A
STATED SCHEDULE; FURTHER APPROVING, RATIFYING
AND CONFIRMING PRIOR ACTION OF THE CITY ATTORNEY
REGARDING THE EMPLOYMENT OF THE ABOVE FIRM IN
CONNECTION WITH THE AFORESAID LITIGATION.
WHEREAS, the governing body of Metropolitan Dade County, Florida has
filed suit in the U. S. District Court of the District of Columbia against the
Secretary of Commerce and others, seeking to enjoin the Department of Commerce
from distributing funds under the local Public Works Capital Development and
Investment Act to the City of Miami and other municipalities within Dade County; and
WHEREAS, the nature of the suit is such that an immediate response was
necessary; and
WHEREAS, venue rests in the District of Columbia; and
WHEREAS, the interests of the City of Miami are best served by the reten-
tion of legal counsel in the District of Columbia; and
WHEREAS, due to the exigency of the circumstances, the City Attorney has
entered into an interim agreement for professional services in the present litiga-
tion with the law firm of O'Connor and Hannan, 1747 Penn. Avenue, District of
Columbia; and
WHEREAS, the Commission desires to ratify the aforesaid action of the
1 " ;
City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION or rHb Zi rI VF MIAMI,
FLORIDA:
Section 1. That the City Attorney is hereby authorized to enter into
an agreement for professional services to assist in the litigation regarding the
City of Miami's Public Works Federal Grant Funds, for a fee not to exceed
$8,500.00 based upon the following schedule:
For the Services of a Senior Partner
u n
" General Partner
" Associates
$85,00/hr,
$75,00/hr,
$50,00/hr,
Section 2, That prior action of the City Attorney regarding the em-
of the above firm, in connection with the aforesaid litigation is hereby
CITY Chi tMtt
MEETING OF
JUL 81077
MOW IOI---
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b AbotItb this ,..28Ti .. .day of JUL-Y ► 101$
ATTEST:
PREPARED AND APPROVED BY:
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ROBERT F. CLARK
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
GEE F. OX, JR.
CITY ATT"' EY
MAuk1cA. Pt -cm
MAYOR
77-673
■
CrrY OF "AM. F,_. r -'._
INTER-C-"ICE MEMORANDUM
THE HONORABLE MEMBERS OE
THE STY COMMISSION c'iily 28, 1977
Litigation Blocking Disburse—
Ment of Federal Grant Funds
eorge . Knox, Jr.
City A orney
Representation by Outside Counsel
This is to advise you that on Tuesday, July 26, 1977, I was contacted
by an attorney, who is assigned to the Economic Development Division
of the Department of Commerce, who indicated that he had just been
served, on behalf of the Secretary of Commerce, with a complaint which
was filed in the Federal District Court for the District of Columbia
by Metroplitan Dade County against the Secretary of Commerce,the
Director of the Division of Economic Development, and the Director
of the Bureau of Census, seeking a Writ of Mandamus, a Declaratory
Judgment, a Preliminary Injunction and a Temporary Restraining Order,
and a specific request that funds which are earmarked for distribution
to the City of Miami and other municipalities within Dade County be
withheld until such time as the Federal Court could determine whether
or not Metropolitan Dade County had received its pro rata share of the
funds to be distributed to this area.
I was requested to solicit the intervention of the City of Miami, the
City of Miami Beach, and the City of Hialeah, as parties defendant,
in this cause by virtue of our interest in the litigation.
Because the complaint sought a Preliminary Injunction, which may be
heard at any time in the discretion of the Federal Judge, I found
it necessary to explore those attorneys who were available in the
Washington, D.C. area to act on our behalf and I selected the firm
of O'Connor and Hannan, based upon their experience in representing
several municipalities, counties and commonwealths in Federal matters.
I would now ask you to authorize me to enter into a formalized agree—
ment with the foregoing law firm for the purpose of representing the
City of Miami in this litigation.
GFK/rb