HomeMy WebLinkAboutR-74-02533/27/74
RESOLUTION NO.._74-R53
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
EXECLh'l; AN AORBEMENT OR STIPULATION ON BEHALF`
OF THE CITY OF MIAMI WITH COUNSEL FOR THE
BONDED RENTAL AGENCY AND CERTAIN OTHER PLAIN-
TIFFS TO CONCLUDE THE LITIGATION IN THE CASE
OF HARRY KENDEL, HARRY MARKOWITZ AND BONDED
RENTAL AGENCY, INC., A FLORIDA CORPORATION, ET
AL, VS. CITY OF MIAMI, A MUNICIPAL CORPORATION
CHARTERED UNDER THE LAWS OF THE STATE OF FLORIDA.
WHEREAS, protracted litigation in the case of HARRY
KENDEL, HARRY MARKOWITZ and BONDED RENTAL AGENCY, INC., a
Florida corporation, et al, vs. CITY OF MIAMI, a municipal
corporation chartered under the laws of the State of Florida,
bearing Circuit Court Number 66C-2672, has continued since
1966 and is still continuing; and
WHEREAS, after negotiation, an amicable settlement of
the issues involved concerning the ordinance of the City of
Miami and the payment of license fees has been reached; and
WHEREAS, the City Attorney recommends that it is in
the best interest of the City of Miami to authorize such an
agreement to conclude the protracted litigation which has
continued to exist in the above cause;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Attorney be and he is hereby author-
ized to execute an agreement or stipulation on behalf of the
City of Miami with counsel for the Bonded Rental Agency and
certain other plaintiffs to conclude the litigation in the
above cause under the following terms and conditions:
(1) Final Judgment in favor of the
"DOCUMENT INDEE
pOC i 1 n Pr
ITEM O.
City of Miami
CITY CQMMiSS 4N
MEETING OF
MAP 2 8 1974
kr:sow1I0N NU.? 0. 3
REMARKS;
against Bonded Rental Agency and certain other plaintiffs will
be entered establishing (1) that the ordinance involved in
the litigation was legally passed; (2) that the ordinance is
constitutional;
(2) Bonded Rental Agency, on behalf of its affected
clients, will pay the license fees for the fiscal years of
1972-1973 and 1973-1974 and all of the following years;
(3) Bonded Rental Agency, on behalf of its affected
clients, will pay the license fees for the fiscal years of
1972-1973 and 1973-1974 within six months from the time of the
entry of the final judgment;
(4) The City of Miami will waive all license fees
which might have been collected pursuant to the ordinance in-
volved in the litigation or its predecessor ordinances prior
to the fiscal year of 1972-1973, with respect to Bonded Rental
Agency and its affected clients and other plaintiffs in the
cause who have entered into this agreement;
(5) Bonded Rental Agency and other parties to this
agreement agree to make available to the City of Miami for
audit purposes, to determine the amount of license fees owed,
their documents and records which are pertinent for the
purpose of the determination involved. In the event that
representatives of Bonded Rental Agency, any other parties to
the agreement, and the City of Miami fail to reach an agreement
as to the amount of license fees owed after an auditing pro-
cedure, the parties agree that the court shall retain juris-
diction of the cause for the purpose of making a dete,'-mination
-2-
t
as to the amount for the aforementioned fiscal years.
PASSED AND ADOPTED this 28 day of MARCH
1974.
PREPARED. AND APPR D B :
John S. Lloyd
City Attorney
APP VE AS TO PO
John S. Lloyd
City Attorney
RRECTNESS: