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4/9/75
RESOLUTION NO.73
48
A RESOLUTION AMENDING MOTION NO. 74-663 AND
RESOLUTION NO. 74-1035 FOR THE PURPOSE OF
CLARIFYING AND EXPRESSING THE INTENT OF THE
CITY COMMISSION IN DESIGNATING THE SELECTEES
FOR ORANGE BOWL STADIUM IMPROVEMENTS BY
CORRECTING THE DESIGNATION OF CARR SMITH &
ASSOCIATES, INC. TO FINCH-HEERY/CARR SMITH &
ASSOCIATES, INC., A PROFESSIONAL ASSOCIATION,
PURSUANT TO THEIR SUBMITTED QUALIFICATIONS;
FURTHER AMENDING SECTION 2 OF RESOLUTION NO.
74-1273 TO CONFORM RESOLUTION NO. 74-1035 WITH
AMENDED MOTION NO. 74-633 SO THAT BOTH AMENDED
MOTION NO. 74-633 AND RESOLUTION NO. 74-1035
IDENTIFY AND DESIGNATE THE FIRST SELECTED
CONSULTING ENGINEERING FIRM FOR ORANGE BOWL
STADIUM IMPROVEMENTS AS KUNDE AND ASSOCIATES,
INC. AND MADIGAN-PRAEGER, INC. AS A JOINT
VENTURE.
WHEREAS, the City Commission adopted Motion No. 74-633
and Resolution No. 74-1035 designating Carr Smith & Associates,
Inc. as the second selected consulting engineering firm for
the Orange Bowl Stadium improvements, and
WHEREAS, the designation of Carr Smith & Associates, Inc.
was incorrect as it was the intent of the City Commission
and the City administration to designate as the second selectee,
pursuant to their submitted qualifications, Finch-Heery/Carr
Smith & Associates, Inc., a professional association, pursuant
to their submitted qualifications filed with the City of
Miami, and
WHEREAS, by Section 2 of Resolution No. 74-1273, Motion
No. 74-633 was amended for the purpose of clarifying and
expressing the intent of the City Commission to provide that
the designation of the first selected consulting engineering
firms for the Orange Bowl improvements, as contained in
their qualifications submitted to the City was, and is,
"DOCUMENT INDEX
ITEM NO. i!
CITY crtMM1S,S:- N
.I!.4C.; OF
A P R i 0 1975
k(Si)t UT iCti hu..7.�?.- .,.318
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Kunde and Associates, Inc. and Madigan -Praeger, Inc. as a
joint venture; and the subsequent Resolution, Resolution
No. 74-1035, following said Motion No. 74-633, should,
similarly, be amended for the purpose of similarly clarify-
ing and expressing the intent of the City Commission,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That Motion No. 74-633 and Resolution No.
74-1035 are hereby amended to provide that the second selected
consulting engineering firm chosen by the City of Miami as
consulting engineers for the Orange Bowl improvements, as
contained in their qualifications submitted to the City of
Miami, is Finch-Heery/Carr Smith & Associates, Inc., a pro-
fessional association.
Section 2. That Section 2 of Resolution No. 74-1273 is
hereby amended for the purpose of amending Resolution No.
74-1035 to conform with amended Motion No. 74-633, identifying
and designating the first selected consulting engineering
firms for Orange Bowl Stadium im.provements as Kunde and
Associates, Inc. and Madigan -Praeger, Inc., as a joint venture.
Section 3. That Resolution No. 74-1273 is hereby re-
affirmed and all of its provisions remain in full force and
effect with the exception of Section 2 thereof, which is amend-
ed, as stated in Section 2 of this Resolution to bring Reso-
lution No. 74-1035 in conformity with amended Motion No. 74-633.
PASSED AND ADOPTED this 10 day of APRIL , 1975.
"IAURICE A, FERRE
MAYOR
SQIJTFIFfl
City Clerk
PREPAR. D AND ASP f 'VED BY,
S./'R. Sterbenz
Assistant City Attorney
APPROVED AS 'PO FORM AND CORRECTNESS:
/4,
(-John S. Lloyd
City Attorney
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
FROM:
The Honorable Members of
The City Commission
John ,.S. Lloy 1
%-Cit}/Attor yyy
DATE April 9, 1975 FILE:
spur ,: Carr Smith & Associates, InC.
v. City of Miami, et al;
Circuit Court No, 74-29659
r rrI: nENCF6:
UNCLOSURrs:
The final hearing in this case is set for 10:00 A.M. on
Wednesday, April 23, 1975.
Jack R. Rice, Jr., the attorney for Kunde and Associates,
Inc. and Madigan -Praeger, Inc., a joint venture, the joint
venture firms selected by the City Commission and now under
contract to do engineering consultant work in connection with
the Orange Bowl Stadium improvements, which joint venture
firms are intervenors in subject case, has requested the
passage of the attached resolution for the purpose of clarify-
ing and expressing the intent of the City Commission, avoiding
the subpoenaing of members of the City Commission for this
trial and for the purpose of otherwise minimizing and lessen-
ing testimony and the introduction of documentary items of
evidence at this trial.
I recommend the passage of this proposed resolution for
the purposes indicated and for the purpose of assisting in
bringing this case to a speedy and just conclusion in favor
of the City.
JSL/SRS/ts
Prepa d by74
S. R. Sterbenz
Assistant City Attorney