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82-17133 RESOLUTION NO. 82-17133 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING MAYOR NORMAN CIMENT TO INITIATE A CIVIL ACTION ON BEHALF OF THE CITY TO ESTABLISH THAT SECTION 286 .011 DOES NOT PROHIBIT THE MAYOR OR AN INDI- VIDUAL COMMISSIONER FROM CONDUCTING CONFIDEN- TIAL NEGOTIATIONS WITH PERSONS SEEKING TO DO BUSINESS WITH THE CITY OF MIAMI BEACH. WHEREAS, the Mayor and individual Commissioners have, on occasion, committed themselves to securing advantageous contracts for the City with proposed developers of public properties, such as the Reynolds' Civic Center construction project and the Rouse Corporation' s Redevelopment Plan, and; WHEREAS, to protect the public' s rights and interests in such contracts the Mayor and individual Commissioners have contributed substantial personal negotiating and financial abilities in demanding modifications to proposed construction contracts, and; WHEREAS, most recently the Mayor has achieved substantial benefits for the City and its citizens by meeting in private with the Rouse Corporation and, without the distracting influence of the media, taken firm negotiating positions with this major developer , and; WHEREAS, the Mayor has taken this role as an independent elected official, acting in the capacity of a de facto negotiator for the City Administration, and has not purported to bind the City Commission to his negotiating position, nor has he exercised de jure or de facto authority to make binding commitments on behalf of the City of Miami Beach or its Commission, and; WHEREAS , the City Commission recognizes that such negotia- tions cannot be conducted effectively or in a timely manner in the presence of and with advance notice to members of the press or the public, and; WHEREAS, the Miami Herald has strenuously challenged these meetings, contending that they violate the State Sunshine Law, and has requested the State Attorney and the Attorney General to inves- tigate the Mayor because of such meetings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA that the Mayor is hereby authorized to initiate a civil action on behalf of the City, for declaratory judgment or other relief, against the Miami Herald and such other parties as the City Attorney recommends be joined thereto, to esta- blish the right of the Mayor and individual Commissioners to meet individually and privately with prospective developers to demand or discuss modifications of proposed contracts with the City and to secure and protect the interest of the City, so long as they do not serve, nor purport to serve, as legal agents for other Commissioners and do not take any action which is legally binding on the City or its Commission. PASSED and ADOPTED this 29th day of September , 1982. ��( `.!til Lit.t ? MAYOR ATTEST: L CITY CLERK APPROVED TMP:ab09282cL a r -• By +--- Date OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139