2004-25484 ResoRESOLUTION NO. 2004-25484
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE INITIATION OF THE
CONFLICT RESOLUTION PROCEDURES PROVIDED FOR IN THE FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT TO RESSOLVE THE
CONFLICT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE
COUNTY REGARDING THE $15 MILLION NET CAPITAL CONTRIBUTION
DUE TO THE CITY PURSUANT TO THE APRIL 24, 2001 AMENDMENT ONE
TO INTERLOCAL COOPERATION AGREEMENT DATED JUNE 21, 1996 AND
DIRECTING THE CITY ADMINISTRATION AND/OR ITS LEGAL COUNSEL
TO TAKE ALL ACTIONS REQUIRED UNDER THE ACT FOR THE PURPOSES
STATED HEREIN.
WHEREAS, the Florida Governmental Conflict Resolution Act, as codified in Sections 164.101, et
seq. of the Florida Statutes, requires that the governing body of a governmental entity shall initiate the
conflict resolution procedures provided therein through the passage of a resolution by its members; and
WHEREAS, pursuant to the April 24, 2001 Amendment One to Inter-Local Cooperation
Agreement dated June 21, 1996 between Miami-Dade County and the City of Miami Beach, Miami-Dade
County was required to remit to the City a net capital contribution of $15 million on December 1, 2003;
and
WHEREAS, said net capital contribution of $15 million was not remitted to the City of Miami
Beach as required by Amendment One to the Inter-Local Cooperation Agreement; and
WHEREAS, due to the conflict created by the failure of Miami-Dade County to remit the $15
million as required under Amendment One to Inter-Local Cooperation Agreement, it is the City's intention
to initiate the conflict resolution procedures provided for in the Florida Governmental Conflict Resolution
Act; and
WHEREAS, this Resolution initiating conflict resolution procedures does not address the $50
million payment which is the subject of Amendment One to the Inter-Local Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby authorize the
initiation of the conflict resolution procedures provided for/i~ the Florida Governmental Conflict
Resolution Act and direct the City Administration and/or its 1/eg~al c~unsel to take all actions required under
said Act for the purposes stated herein. ~
PASSED and ADOPTED this 4th day of
CITY CLERK
MAYOR
& FOR EXECUTION
CITY OF MIAMI BEACH
Office of the Mayor
Interoffice Memorandum
To:
From:
Date:
Subject:
JORGE M. GONZALEZ
CITY MANAGER~y~
JANUARY 29, 2004
DISCUSSION REGARDING CONVENTION DEVELOPMENT TAX
Please place an item on the February 4, 2004 City Commission meeting to discuss the current
status of the Convention Development Tax negotiations.
DD/ess
c: Christina Cuervo
Assistant City Manager
Agenda Item r~b
Date ~-t/-0~
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
F L 0 R I D
Telephone: (305) 673-7470
Telecopy: (305) 673-7002
February 6, 2004
Certified Mail Return Receipt Requested
Alex Penelas
Executive Mayor, Miami-Dade County
Stephen P. Clark Center
111 N.W. 1st Street, Suite 2910
Miami, Florida 33128
George M. Burgess
County Manager, Miami-Dade County
Stephen P. Clark Center
111 N.W; 1st Street, Suite 2910
Miami, Florida 33128
Dear Mayor Penelas and Manager Burgess:
In accordance with Chapter 164 Florida Statute, the Florida Government Conflict
Resolution Act and the procedures provided in §164.1052, we enclose to each of you a
certified copy of Resolution No. 2004-25484 passed unanimously by the Mayor and
Commission of the City of Miami Beach (the "City") on February 4, 2004. This
resolution reflects the City's decision to initiate the Conflict Resolution procedures
provided under the statute prior to initiating court proceedings.
The conflict relates to the $15 million payment which was due to the City from Miami-
Dade County (the "County") on December 1, 2003. To the best of our knowledge, no
other governmental entities are in conflict with the City in regard to this matter. We
have initiated these conflict resolution proceedings because the County has refused to
pay the amount owing despite the City's request.
We propose that the conflict assessment meeting to be held pursuant to Florida Statute
§164.105(3) be scheduled for Friday, February 27, 2004 at 2:00 P.M., at the City of
Miami Beach, City Hall Building, 1700 Convention Center Drive, 4th Floor, in the City
Manager's Office. The City plans to attend through its Manager, its Mayor, its City
Attorney, and its outside counsel. We suggest that the County include the same
persons.
1700 Convention Center Drive -- Fourth Floor-- Miami Beach, Florida 33139
It is the sincere desire o, the City to resolve this matter promptly, expeditiously, and
without the need for further proceedings.
Vet3/tru½y yours, ,
Murray H. Dubbin, Esq.
City Attorney
MHD/ptw
Enclosure
C:
Mayor David Dermer and members of the City Commission
Jorge M. Gonzalez, City Manager
Joseph L. Rebak, P.A.
Robed Ginsburg, Esq.
F :/cmgdSallljorgegon/letters/cdt conflict.doc
OFFICE OF THE CITY ATTORNEY ~ 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
RESOLUTION NO. 2004-25484
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE INITIATION OF THE
CONFLICT RESOLUTION PROCEDURES PROVIDED FOR IN THE FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT TO RESSOLVE THE
CONFLICT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE
COUNTY REGARDING THE $15 MILLION NET CAPITAL CONTRIBUTION
DUE TO THE CITY PURSUANT TO THE APRIL 24, 2001 AMENDMENT ONE
TO INTERLOCAL COOPERATION AGREEMENT DATED JUNE 21, 1996 AND
DIRECTING THE CITY ADMINISTRATION AND/OR ITS LEGAL COUNSEL
TO TAKE ALL ACTIONS REQUIRED UNDER THE ACT FOR THE PURPOSES
STATED HEREIN.
WHEREAS, the Florida Governmental Conflict Resolution Act, as codified in Sections 164. l 01, et
seq. of the Florida Statutes, requires that the governing body of a governmental entity shall initiate the
conflict resolution procedures provided therein through the passage of a resolution by its members; and
WHEREAS, pursuant to the April 24, 2001 Amendment One to Inter-Local Cooperation
Agreement dated June 21, 1996 between Miami-Dade County and the City of Miami Beach, Miami-Dade
County was required to remit to the City a net capital contribution orS15 million on December I 2003;
and '
WHEREAS, said net capital contribution of$15 million was not remitted to the City of Miami
Beach as required by Amendment One to the Inter-Local Cooperation Agreement; and
WHEREAS, due to the conflict created by the failure of MiamioDade County to remit the $15
million as required under Amendment One to Inter-Local Cooperation Agreement, it is the City's intention
to initiate the conflict resolution procedures provided for in the Florida Governmental Conflict Resolution
Act; and
WHEREAS, this Resolution initiating conflict resolution procedures does not address the $50
million payment which is the subject of Amendment One to the Inter-Local Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby authorize the
initiation of the conflict resolution procedures provided for..iq the Florida Governmental Conflict
Resolution Act and direct the City Administration and/or its legal cOunsel to take all actions required under
said Act for the purposes stated herein. ,4
PASSED and ADOPTED this /4th day of
ATTEST:f~(~£UI (~
CITY CLERK
APPROVED AS TO
.~ORM & LANGUAGE
8, FOR EXECUTION