RESOLUTION 89-19710 RESOLUTION NO. 89- 19710
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION
NO. 89-19669 AUTHORIZING THE APPOINTMENT OF
JUDGE SEYMOUR GELBER AS THE HEARING OFFICER
CONCERNING THE TRANSFER OF $12 MILLION DOLLARS
OF THE CONVENTION CENTER TAX PROCEEDS TO THE
CITY OF HOMESTEAD BY PROVIDING THAT MEMBERS OF
HIS STAFF SHALL BE HELD HARMLESS FOR ALL COSTS
OF ANY LITIGATION AND LEGAL DEFENSE ARISING
FROM THE ACTIONS OF THIS HEARING.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA THAT:
WHEREAS, on July 26, 1989, the City Commission of the City of
Miami Beach passed Resolution No. 89-19669 providing as follows:
WHEREAS, the City Commission of the City of Miami Beach agrees
to appoint Judge Seymour Gelber as the Hearing Officer to establish
a finding of facts and conclusions concerning the performance of
Public Officials, administrative staff and legal personnel in
regards to the allocation $12 Million Dollar transfer of Convention
Center tax proceeds to the City of Homestead for a baseball
stadium; and
WHEREAS, the City of Miami Beach will hold harmless Judge
Seymour Gelber for all costs of any litigation and legal defense
arising from the actions of this hearing; and
WHEREAS, the compensation for Judge Gelber shall be $125. 00
per hour which will include all preparation time and hearing time;
and
WHEREAS, a staff shall be provided to Judge Gelber at his
discretion and his choosing consisting of an investigator, who may
be, but is not limited to, a Miami Beach Police Department member,
and an assistant who may be an attorney hired solely by Judge
Gelber at his discretion and paid for by the City; and
WHEREAS, the total cost for fees of Judge Gelber, an
investigator and an assistant shall not exceed $30, 000; and
WHEREAS, this inquiry will not conflict with any investigation
by the Office of the Dade State Attorney or United States
Attorney' s office or any other law enforcement agency; and
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WHEREAS, Judge Gelber shall be provided complete authority to
review all documents, testimony and official minutes, and/or any
other related material to the transference of the monies to the
City of Homestead, and shall be empowered to take sworn testimony
concerning the City of Homestead issues.
WHEREAS, the City of Miami Beach City Commission wishes to
amend Resolution No. 89-19669 to provide that the City of Miami
Beach will hold harmless Judge Seymour Gelber and members of his
staff for all costs of any litigation and legal defense arising
from the actions of this hearing.
NOW, THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA THAT:
1. Resolution No. 89-19669 is amended to provide that the
City of Miami Beach will hold harmless Judge Seymour Gelber and
members of his staff for all costs of any litigation and legal
defense arising from the actions of this hearing; and
2 . In all other respects, the provisions of Resolution No.
89-19669 are hereby ratified and confirmed.
PASSED and ADOPTED this 6th day of September , 1989.
MA 4 '- --��
ATTEST:
FORM APPROVED
6
LEGAL DEPT.
CITY CLERK
AMW/rg
Date4 ././=.
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ORIGINAL ,
RESOLUTION NO. 89-19710
Amending Resolution No. 89-19669 authoriz-
ing the appointment of Judge Seymour
Gelber as the hearing officer concerning
the transfer of $12 million dollars of the
Convention Center Tax proceeds=:t-o the City
of Homestead by providing that members of
his staff shall be held harmless for all
costs of any litigation and legal defense
arising from the actions of this hearing.