HomeMy WebLinkAbout2022-020-3733_-_Settle_JP_Morgan_Case_-_Adopted.docxRESOLUTION NO. 2022-020-3733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, AUTHORIZING THE CITY ATTORNEY AND
CITY MANAGER TO ENTER INTO A SETTLEMENT TO SETTLE
ALL ISSUES, FEES AND COSTS FOR THAT CERTAIN
LITIGATION STYLED CITY OF MIAMI GARDENS V. J.P.
MORGAN CHASE & CO. ET AL, CASE NO. 1:14-CV-22206-
KMW; AUTHORIZING THE CITY ATTORNEY TO DISMISS THE
LITIGATION; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 13, 2014, the City of Miami Gardens commenced litigation
against J.P. Morgan Chase & Co. et al alleging violation of the Federal Fair Housing Act
(“FHA”), and
WHEREAS, currently the City of Miami Gardens and J.P. Morgan Chase & Co. et
al have mutually agreed to resolve the litigation to avoid the uncertainty and expense of
future proceedings in the action, and
WHEREAS, it is recommended that City Council authorize the City Attorney and
City Manager to enter into a settlement to settle all issues, attorney’s fees and costs
related to litigation and to dismiss the case styled City of Miami Gardens v. J.P. Morgan
Chase & Co. et al, Case No. 1:14-Cv-22206-kmw.
WHEREAS, upon receipt of the settlement funds, a portion of which is going to be
paid to our attorneys who represented us in the case to cover fees and costs. Additionally,
the City Manager is recommending that the remaining portion of the money go towards
funding to be made available on a reimbursement basis for a maximum of 25% of the
hard costs associated with the construction of each unit built through the Infill Housing
Program, and
\WHEREAS, the Infill Housing Program is program through Miami- Dade County
where the main goal is to increase the supply of homeownership opportunities where the
development takes place. Every unit built through the Infill Housing Program must be sold
to an eligible household to be used as a primary residence, and
WHEREAS, Palmetto Homes was awarded various lots for development within the
City of Miami Gardens through the Miami-Dade County Infill Development Program and
the City of Miami Gardens will use remaining funds from the settlement to provide funds,
on a reimbursement basis for a maximum of 25% of the hard costs associated with the
construction of units built through the program,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
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Resolution No. 2022-020-3733
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Attorney and City Manager to enter into a settlement to settle
all issues, attorney’s fees and costs related to litigation and to dismiss the case styled
City of Miami Gardens v. J.P. Morgan Chase & Co. et al, Case No. 1:14-Cv-22206-kmw.
The City Council authorizes the City Manager to use a portion to pay to the attorneys that
represented the City in the case to cover fees and costs and use the remaining portion of
the money for funding to be made available on a reimbursement basis for a maximum of
25% of the hard costs associated with the construction housing units built through the
Infill Housing Program.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 23, 2022.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA DICKENS, CITY ATTORNEY
Moved by: Vice Mayor Leon
Seconded by: Seconded by Councilman Stephens
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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