Resolution 86-18368 RESOLUTION NO. 86-18368
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
APPROPRIATION FROM METERED PARKING BOND FUND
382 OF $25,000 AS PAYMENT FOR ATTORNEY' S FEES
REGARDING LOT 11, BLOCK 55, ORCHARD
SUBDIVISION NOS. 2 AND 3, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT
PAGE 116 , OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA (PARCEL NO. 3) IN THE EMINENT
DOMAIN ACTION STYLED CITY OF MIAMI BEACH V.
ABE RESNICK, TRUSTEE, ET AL.
WHEREAS, on February 15 , 1985, the City of Miami Beach,
Florida, instituted an eminent domain action styled City of Miami
Beach v. Abe Resnick, Trustee, et al, Case No. 85-06407, for the
purpose of acquiring six parcels of property in Miami Beach for
the construction of the 41st Street Off-street Parking Project;
and
WHEREAS, Parcel No. 3 of the six above-referenced
properties, being legally described as follows:
Lot 11, Block 55, Orchard Subdivision Nos. 2
and 3 , According to the Plat thereof, as
recorded in Plat Book 8 , at Page 116, of the
Public Records of Dade County, Florida; and,
was finally settled for $400 ,000 .00 pursuant to the Stipulated
Final Judgment dated November 13, 1985; and
WHEREAS, pursuant to Florida Statute §73.091, the City,
is responsible for paying a reasonable attorney' s fee for the
legal representation involved relative to Parcel No. 3;
WHEREAS, attorney' s fees in the amount of $25,000 have
been determined by the City Attorney to be reasonable; and
WHEREAS, funding in the amount of $25,000 is available
in the Metered Parking Bond Fund.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the
appropriation of $25,000 be made into Work Order 2952 from the
Metered Parking Bond Fund (382) and authorization to spend be
granted.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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BE IT ALSO DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA that the recommendation of the City
Attorney regarding the reasonableness of $25,000 in Attorney' s
fees for Parcel #3 is hereby accepted.
PASSED and ADOPTED this 5th day of February
1986.
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7AYOR
ATTEST:
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CITY CLERK
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By
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APPROVED AS TO FUNDING SOURCE
OFFICE OF AGEMENT AND BUDGET
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BY
DATE FEB. . 5 1986
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
OFFICE OF THE CITY ATTORNEY
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ARNOLD
ARNOLD M.WEINER ;' P.O.BIN 190000
CITY ATTORNEY � ,$$•�Y MIAMI BEACH,FLORIDA 33119
TELEPHONE: 673-7470
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COMMISSION MEMORANDUM
DATE: FEB. 5, 1986
TO: Mayor Alex Daoud and
Members of the City Commission
City Manager Rob Park0A
FROM: Arnold M. Weiner
City Attorney
SUBJECT: 41ST STREET OFF-STREET PARKING PROJECT: ATTORNEY'S FEES
PARCEL #3
Pursuant to Florida Statute §73. 091, . and in accordance with the
Stipulated Final Judgment regarding Parcel #3 in the above styled
eminent domain action, the City as condemning authority is
responsible for paying a "reasonable" attorney' s fee for the legal
representation involved. As such, .I have reviewed the work done
by William G. Earle, Esquire, counsel for the property owner of
Parcel #3, in an effort to review his time expended. Further ,
Charles Stratton, Esquire, acting as an independent reviewer of
the relevant files, has determined that a "reasonable" attorney's
fee regarding this parcel would be $25,000 .
Funding for this payment is from the Metered Parking Bond Fund
(382) and should be appropriated into Work Order 2952. _
RECOMMENDATION
Based upon the above, it is my recommendation that an attorney' s
fee in the amount of $25,000 be accepted and authorized. In
addition, it is recommended that funds for these services be
appropriated from the Metered Parking Bond Fund (382) into Work
Order 2952. Attached is an appropriate resolution for your
review.
AMW/JKO/rg
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTION NO. 86-18368
(Authorizing appropriation from metered
parking bond fund 382 of $25,000 as pay-
ment for attorney's fees regarding lot 11
Block 55, Orchard subdivision nos. 2 & 3,
according to the Plat thereof, as recorded
in Plat Book 8, at page 116, of the Public
records of Dade County, Florida (parcel
No. 3) in the eminent domain action styled
City of Miami Beach V. Abe Resnick,
Trustee, Et Al)