Resolution 81-16840 RESOLUTION NO. 81-16840
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA DIRECTING THAT ALL CITY
EXPENSES INCURRED IN CONNECTION WITH THE RITE
RESEARCH AND DADE COUNTY SEWER LITIGATION, IN-
CLUDING ALL RELATED ATTORNEY FEES AND COSTS OF
ENGINEERING AND OTHER STUDIES, BE PAID FROM THE
STATE'S OCEAN OUTFALL APPROPRIATION TO THE
CITY.
WHEREAS, the Florida Legislature has appropriated
$1,047 ,217 to the City as an Ocean Outfall Grant in part as reim-
bursement for the City' s costs of sewage treatment; and
WHEREAS , the City has retained special counsel to repre-
sent it in the pending Rite Research litigation in Federal Court,
which involves the City' s right to implement a Deep Current Sewage
Assimilation ("D.C.S .A. ") project, and may be required to retain en-
gineers, accountants, and other expert consultants in connection
with that litigation; and
WHEREAS, the City will also incur substantial costs in de-
fending a suit brought by the Dade County Water and Sewer Authority
("WASA" ) to collect increased sewage fees, which fees and costs re-
sult from the illegal action of the County and the Environmental
Protection Agency in forcing this City to defer the D.C.S .A. pro-
ject; and
WHEREAS, the City Attorney on September 8 , 1981 issued his
opinion that the Grant from the Florida Legislature may be used in
part for sewer and sanitary projects of the City, and for general
fund expenditures,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of
the City of Miami Beach Florida that the City Attorney and the City
Manager are hereby directed that all City fees, charges and expenses
incurred in connection with the Rite Research and WASA litigation,
and all other costs incurred in studying and implementing Deep Cur-
rent Sewage Assimilation, including specifically all legal, engi-
neering and accounting fees, shall be appropriated from the
$1,047 , 217 grant and/or the general funds of the City, provided how-
ever that said fees, charges and expenses do not exceed $50 ,000 .
PASSED and ADOPTED this 18 th day of November ,
1981.
Mayor
Attest:
APPROVED
LEGAL DEPT.
City Cl rk �^
Date
TMP: ab
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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