RESOLUTION 89-19595 RESOLUTION NO. 89-19595
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH RESCINDING RESOLUTION NO. 89-
19566 DESIGNATING A NEW STADIUM TO BE LOCATED
IN THE CITY OF HOMESTEAD, UNLESS AND UNTIL A
COURT OF COMPETENT JURISDICTION DETERMINES THAT
THE CITY COMMISSION DOES NOT HAVE THE POWER TO
RESCIND RESOLUTION NO. 89-19566; AUTHORIZING
THE CITY MANAGER TO NOTIFY THE CITY OF
HOMESTEAD OF THIS ACTION; AUTHORIZING THE CITY
MANAGER TO FURNISH A COPY OF THIS RESOLUTION
TO THE BOND TRUSTEE UNDER DADE COUNTY ORDINANCE
NO. 87-72 ; DIRECTING THE BOND TRUSTEE TO MAKE
NO FURTHER PAYMENTS OF EXCESS CITY SHARE FUNDS
UNDER RESOLUTION NO. 89-19566 TO HOMESTEAD OR
ITS DESIGNEE UNTIL FURTHER NOTICE; AUTHORIZING
THE CITY ATTORNEY TO FILE AN ACTION FOR
DECLARATORY JUDGMENT TO DETERMINE WHETHER OR
NOT THE CITY COMMISSION HAS THE POWER TO
RESCIND RESOLUTION NO. 89-19566; AUTHORIZING
THE CITY ATTORNEY TO RETAIN THE FIRM OF MARTIN,
ADE, BIRCHFIELD AND MICKLER, P. A. , TO
REPRESENT THE CITY IN THE DECLARATORY JUDGMENT
ACTION; AND REAFFIRMING RESOLUTION NO. 89-19493
DESIGNATING $2 .3 MILLION FROM THE EXCESS CITY
SHARE ACCOUNT TO BE USED BY THE CITY OF MIAMI
BEACH FOR THE PURPOSE OF FUNDING THE OPERATIONS
AND MAINTENANCE OF THE STEPHEN MUSS CONVENTION
CENTER.
WHEREAS, the City Commission of the City of Miami Beach on
March 15, 1989 passed Resolution No. 89-19566 (the "Homestead
Resolution") designating a new stadium to be located in the City
of Homestead and establishing a principal amount of not to exceed
Twelve Million dollars for the stadium, which amount, together with
accrued interest thereon, were to be paid from "Excess City Share"
funds (as such term is defined in Dade County Ordinance No. 87-72) ;
and
WHEREAS, the City Commission passed the Homestead Resolution
based upon the Dade County Bond Counsel ' s advice that the City
Commission had no discretion in passing said Homestead Resolution;
and
WHEREAS, the City of Miami Beach (the "City") has retained
special counsel for the purpose of determining whether the City
Commission had discretion with regard to whether or not to pass
the Homestead Resolution, and special counsel have advised the City
1
Commission that the City Commission did in fact have such
discretion; and
WHEREAS, the City Commission wishes to rescind the Homestead
Resolution unless and until a court of competent jurisdiction
determines that the City Commission does not have the power to
rescind the Homestead Resolution; and
WHEREAS, the City Commission wishes to advise the City of
Homestead of its action in rescinding the Homestead Resolution; and
WHEREAS, the City Commission wishes to advise the Bond Trustee
under Dade County Ordinance 87-72 of the City's action in
rescinding the Homestead Resolution and further wishes to direct
the Bond Trustee to make no further payment of Excess City Share
funds to Homestead or its designee until further notice; and
WHEREAS, the City Commission wishes to authorize the City
Attorney to file an action for Declaratory Judgment to determine
whether or not the City Commission has the power to rescind the
Homestead Resolution, and to take such other legal action as may
be required; and
WHEREAS, the City Commission wishes to authorize the City
Attorney to retain the firm of Martin, Ade, Birchfield and Mickler,
P. A. , to represent the City, together with the City Attorney, in
the Declaratory Judgment action, and such other legal action as may
be required; and
WHEREAS, the City Commission wishes to reaffirm Resolution No.
89-19493 designating $2 . 3 million from the Excess City Share
Account to be used by the City for the purpose of funding the
operations and maintenance of the Stephen Muss Convention Center.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH that:
1. Resolution No. 89-19566 designating a new stadium to be
located in the City of Homestead is hereby rescinded, unless and
until a court of competent jurisdiction determines that the City
Commission does not have the power to rescind Resolution No. 89-
19566.
2 . The City Manager is hereby instructed to notify the City
2
of Homestead of the City' s rescission of Resolution No. 89-19566.
3 . The City Manager is hereby instructed to furnish a copy of
this Resolution to the Bond Trustee under Dade County Ordinance No.
87-72 .
4 . The Bond Trustee under Dade County Ordinance No. 87-72 is
hereby directed to make no further payments of Excess City Share
funds under Resolution No. 89-19566 to Homestead or its designee
until further notice.
5. The City Attorney is authorized to file an action for
Declaratory Judgment to determine whether or not the City
Commission has the power to rescind Resolution No. 89-19566, and
to take such other legal action as may be required.
6. The City Attorney is authorized to retain the firm of
Martin, Ade, Birchfield and Mickler, P. A. , to represent the City,
together with the City Attorney, in the Declaratory Judgment action
and such other legal action as may be required.
7 . Resolution No. 89-19493 designating $2 . 3 million from the
Excess City Share Account to be used by the City of Miami Beach
for the purpose of funding the operations and maintenance of the
Stephen Muss Convention Center is hereby reaffirmed.
PASSED AND ADOPTED this 19th day of April , 1989 .
17
/ MAYOR
ATTEST:
UctA—K- Vt/ RA- %-s" FORM APPROVED
CITY CLERK
LEGAL DEPT.
By
PNB/nn
041989C Date mal,/
3
ORIGTNAL
RESOLUTION NO. 89-19595
1k
Rescinding Resolution No. 89-19566 design-
rting a new stadium to be located in the
City of Homestead, inless and until a
court of competent jurisdiction determines
that the City Commission does not have tint:
power to rescind Resolution No. 89-19566;
authorizing the City Manager to notify the
City of Homestead of this action; author-
izing the City Manager to furnish a copy
of this resolution to the Bond Trustee
under Dade County Ordinance No. 87-72;
directing the Bond Trustee to make no
further payments of excess City share
funds under Resolution No. 89-19566 to
Homescead or its designee until further
notice; authorizing the City Attorney to
file an action for declaratory judgment
to determine whether or not the City
Commission has the power to rescind
Resolution 89-19566; authorizing the City
Attorney to retain the firm of Martin,
Ade, Birchfield and Mickler, P. A. , to
represent the city in the declaratory
judgment action; and reaffirming Resolu-
tion No. 89-19493 designating $2.3 mil-
lion from the excess City share account
to be used by the City of Miami Beach
for the purpose of funding the operations
and maintenance of the Stephen Muss
Convention Center.
%r(-
II�r`/ bvt-‘A-iie 04A-44i'L'(-1
/4fina-rolZa
04-b7.1 ' /