HomeMy WebLinkAboutFebruary 24, 2010 Add On 1
City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Sonja K. Dickens, City Attorney Department: Legal Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, FORMALLY INITIATING THE PROCEDURE OUTLINED IN CHAPTER 164.1052, FLORIDA STATUTES, TO COMMENCE THE “CONFLICT RESOLUTION PROCEDURE” OUTLINED IN THE STATUTE PRIOR TO INITIATING
LITIGATION AGAINST MIAMIDADE COUNTY IN REFERENCE TO THE TRANSIT SYSTEM SURTAX; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: City Council
previously authorized the City Manager and City Attorney to take any and all steps necessary in order to initiate litigation against Miami-Dade County with respect to the County’s failure
to negotiate with the City of Miami Gardens for its fair share of the Miami-Dade Transit System Surtax including the authority to retain the services of outside counsel. In order to
commence the litigation process against the County, the City must adopt a resolution authorizing the initiation of the “Conflict Resolution Procedure” as outlined in Chapter 164.1052,
Florida Statutes. Recommendation: City Attorney recommends that the City Council approve the attached resolution. Add On Item: Resolution Conflict Resolution Procedure
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Chapter 164.1052, Florida Statutes
1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, FORMALLY INITIATING THE
PROCEDURE OUTLINED IN CHAPTER 164.1052, FLORIDA STATUTES, TO COMMENCE THE “CONFLICT RESOLUTION PROCEDURE” OUTLINED IN THE STATUTE PRIOR TO INITIATING LITIGATION AGAINST MIAMI-DADE COUNTY
IN REFERENCE TO THE TRANSIT SYSTEM SURTAX; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council previously authorized the City Manager
and City Attorney to take any and all steps necessary in order to initiate litigation against Miami-Dade County with respect to the County’s failure to negotiate with the City of Miami
Gardens for its fair share of the Miami-Dade County Transit System Surtax, and WHEREAS, the City has retained the services of Stearns Weaver, P.A., to assist the City with litigation
against the County, and WHEREAS, In accordance with Chapter 164.1052, it is necessary for City City Council to adopt a resolution stating its intention to initiate a “Conflict Resolution
Procedure” against the County, and WHEREAS, Chapter 164.1052 provides for certain notice provisions to the County, in order to give the County the opportunity to attempt to resolve the
matter with the City prior to initiating litigation, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
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.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby approves a resolution
stating its intention to initiate the “Conflict Resolution Procedure” as outlined in Section 164.1052, Florida Statutes, with respect to the Transit System Surtax. Section 3. EFFECTIVE
DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY
24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.,
CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY MOVED BY:__________________
___ 1 VOTE: _____ 2 3 Mayor Shirley Gibson (Yes) ___(No) 4 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 5 Councilman Melvin L. Bratton (Yes) ___(No) 6 Councilman Aaron Campbell (Yes)
___(No) 7 Councilwoman Barbara Watson (Yes) ___(No) 8 Councilwoman Sharon Pritchett (Yes) ___(No) 9 Councilman André Williams (Yes) ___(No)