Resolution 81-16714 •
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RESOLUTION NO. 81-16714
A RESOLUTION APPROVING THE CITY ATTORNEY HIRING
SPECIAL COUNSEL FOR THE FEDERAL COURT CASE OF
RITE VS. COSTLE AND ALL MATTERS RELATING THERETO.
WHEREAS, the City of Miami Beach is a party to a
Federal Court action, Case No. 76-1848 , Southern District of
Florida, involving deep water sewage assimilation: and
WHEREAS, the City is in need of specialized legal
counsel to negotiate with federal and state agencies while
continuing the litigation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney is
authorized to enter into an agreement to retain Linton Lovett,
attorney, as special counsel in the case of Rite vs . Costle,
No. 76-1848 , at a fee of One Hundred and Twenty-Five Dollars
($125) per hour, up to a maximum of Ten Thousand Dollars ($10 ,000) ;
said counsel shall have authority to hire necessary engineering
and sanitation experts.
PASSED and ADOPTED this 8th day of July, 1981.
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Attest:
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City Clerk
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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OFFICE OF THE CITY ATTORNEYL. ,k.; ,
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JOHN A. RITTER .,,�,�M , 41-6 I-/ P.O.BIN 190000
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CITY ATTORNEY Hle\-7
TELEPHONE: 673-7470
August 3, 1981
Linton Lovett, Esq.
131 Dade Federal Building
119 E. Flagler Street
Miami, Florida
Re: Rite vs. Costle
Dear Mr. Lovett:
The City Commission has approved my entering into an agree-
ment with you for a fee of $125 per hour up to a maximum of
$10, 000, to serve as special counsel in the federal court
litigation over deep water assimilation and all negotiations
related thereto. Experts may be hired for amounts in addition
to your fees; however, I would expect you to advise me and to
obtain my oral consent to any agreements you make.
If this is agreeable with you, please sign the enclosed copy
of this letter and return to me.
Best regards,
Yours very truly,
dd&-
John A. Ritter
JAR/cm
Enc.
AGREED AND APPROVED
Lint n L vett
1,11140
OFFICE OF THE CITY ATTORNEY
ty:Ami• (Wald
F O R I 0 A
JOHN A. RITTER '1,� �,�� TELEPHONE :673 7470
CITY ATTORNEY
COMMISSION MEMORANDUM NO. q131
DATE: June 30 , 1981
TO: Mayor Murray Meyerson and
Members of the City Commission
City Manager Harold T. Toal
FROM: John A. Ritter .6„c(1,_
City Attorney
SUBJECT: Federal Civil Rights Actions
The following synopsis is a capsulized account of
Federal Civil Rights Actions brought by hotels or their repres-
entative against the City in 1981 .
LEWIN
January 14 , 1981 Complaint for Damages, Injunctive
and Declaratory Relief served on
City by David Lewin.
Complaint charged the City, and
personally the Mayor , all City
Commissioners and a police officer
with various alleged violations of
Lewins ' federally protected rights ,
due to arrest of Lewin under emergency
gun control ordinance.
Damages sought : $2 , 500, 000. 00 .
March 25 , 1981 Complaint dismissed as to all
defendants for lack of subject
matter jurisdiction. Lewin granted
20 days leave to file an amended
Complaint .
June 10, 1981 Final Order of Dismissal .
June 12 , 1981 Court ordered Lewin to reimburse
City costs , attorneys fees of
$2 , 375 . 22 .
June 25 , 1981 Lewin presented personal check
for $2 , 375 . 22 payable to City of
Miami Beach.
ESPANOLA WAY CORPORATION
(CLAY HOTEL)
May 5 , 1981 Complaint for Damages , Injunctive
and Declaratory Relief served on City
by Espanola Way Corp .
Complaint charged the Mayor and all 1
City Commissioners personally with
various alleged violations of the AGENDA
corporation' s federally protected ITEM_
rights due to alleged harrassment by eCode Enforcement Division and all ged R-M-se
intention of defendants to close down DATE
the Clay Hotel because they allegedly ,,..t ,
claimed it was a haven for criminals . �_
1.1111110,
Damages sought : $1 , 400 , 000. 00 .
June 19 , 1981 Final summary judgment in favor of all
defendants . City ' s Motion to Dismiss ,
to Strike and for Summary Judgment granted .
2
UL 1lz1INP L
RESOLUTION NO. 81-16714
(A Resolution approving the City Attorney
hiring special counsel for the Federal 't
Court Case of Rite vs. Costle and all
matters relating thereto) .
oommo