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Resolution 81-16714 • • • s. RESOLUTION NO. 81-16714 A RESOLUTION APPROVING THE CITY ATTORNEY HIRING SPECIAL COUNSEL FOR THE FEDERAL COURT CASE OF RITE VS. COSTLE AND ALL MATTERS RELATING THERETO. WHEREAS, the City of Miami Beach is a party to a Federal Court action, Case No. 76-1848 , Southern District of Florida, involving deep water sewage assimilation: and WHEREAS, the City is in need of specialized legal counsel to negotiate with federal and state agencies while continuing the litigation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney is authorized to enter into an agreement to retain Linton Lovett, attorney, as special counsel in the case of Rite vs . Costle, No. 76-1848 , at a fee of One Hundred and Twenty-Five Dollars ($125) per hour, up to a maximum of Ten Thousand Dollars ($10 ,000) ; said counsel shall have authority to hire necessary engineering and sanitation experts. PASSED and ADOPTED this 8th day of July, 1981. A ....•.� May * �e Attest: -7(da-l-rj? City Clerk 7/aVtflei OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 ri7,-71, ri r If r 177) OFFICE OF THE CITY ATTORNEYL. ,k.; , 64 eb.‘ f• Weed " .� AUG4 1981: `''' i�AC��t�"'ft F L 0 R I D A CITY CLERK'S IJ .PTI `PMI BEq s-',„ BY.,....jeimrwpoimmminmnmuiva *kINCOR RATED*, JOHN A. RITTER .,,�,�M , 41-6 I-/ P.O.BIN 190000 '7€1-../ ,9,PC le\-7 t...! MIAMI BEACH,FLORIDA 33119 CITY ATTORNEY Hle\-7 TELEPHONE: 673-7470 August 3, 1981 Linton Lovett, Esq. 131 Dade Federal Building 119 E. Flagler Street Miami, Florida Re: Rite vs. Costle Dear Mr. Lovett: The City Commission has approved my entering into an agree- ment with you for a fee of $125 per hour up to a maximum of $10, 000, to serve as special counsel in the federal court litigation over deep water assimilation and all negotiations related thereto. Experts may be hired for amounts in addition to your fees; however, I would expect you to advise me and to obtain my oral consent to any agreements you make. If this is agreeable with you, please sign the enclosed copy of this letter and return to me. Best regards, Yours very truly, dd&- John A. Ritter JAR/cm Enc. AGREED AND APPROVED Lint n L vett 1,11140 OFFICE OF THE CITY ATTORNEY ty:Ami• (Wald F O R I 0 A JOHN A. RITTER '1,� �,�� TELEPHONE :673 7470 CITY ATTORNEY COMMISSION MEMORANDUM NO. q131 DATE: June 30 , 1981 TO: Mayor Murray Meyerson and Members of the City Commission City Manager Harold T. Toal FROM: John A. Ritter .6„c(1,_ City Attorney SUBJECT: Federal Civil Rights Actions The following synopsis is a capsulized account of Federal Civil Rights Actions brought by hotels or their repres- entative against the City in 1981 . LEWIN January 14 , 1981 Complaint for Damages, Injunctive and Declaratory Relief served on City by David Lewin. Complaint charged the City, and personally the Mayor , all City Commissioners and a police officer with various alleged violations of Lewins ' federally protected rights , due to arrest of Lewin under emergency gun control ordinance. Damages sought : $2 , 500, 000. 00 . March 25 , 1981 Complaint dismissed as to all defendants for lack of subject matter jurisdiction. Lewin granted 20 days leave to file an amended Complaint . June 10, 1981 Final Order of Dismissal . June 12 , 1981 Court ordered Lewin to reimburse City costs , attorneys fees of $2 , 375 . 22 . June 25 , 1981 Lewin presented personal check for $2 , 375 . 22 payable to City of Miami Beach. ESPANOLA WAY CORPORATION (CLAY HOTEL) May 5 , 1981 Complaint for Damages , Injunctive and Declaratory Relief served on City by Espanola Way Corp . Complaint charged the Mayor and all 1 City Commissioners personally with various alleged violations of the AGENDA corporation' s federally protected ITEM_ rights due to alleged harrassment by eCode Enforcement Division and all ged R-M-se intention of defendants to close down DATE the Clay Hotel because they allegedly ,,..t , claimed it was a haven for criminals . �_ 1.1111110, Damages sought : $1 , 400 , 000. 00 . June 19 , 1981 Final summary judgment in favor of all defendants . City ' s Motion to Dismiss , to Strike and for Summary Judgment granted . 2 UL 1lz1INP L RESOLUTION NO. 81-16714 (A Resolution approving the City Attorney hiring special counsel for the Federal 't Court Case of Rite vs. Costle and all matters relating thereto) . oommo