_add-on d)OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
From: Steven Alexander, City Manager
Date: October 18, 2016 Agenda Item No.:
Sponsored by: Mayor Stoddard
Add-on d)
Subject: A Resolution authorizing the City Attorney to hire outside
counsel to provide legal services in the area of land use,
including services involving the purchase and sale of municipal
property, the Land Development Code and the City’s
Comprehensive Plan.
Background: The City is involved in many land use issues that require
consultation with experts in this specialized field of law. The
City’s Land Development Code needs to be overhauled due to the
fact that it has become burdensome and contradictory due to
numerous amendments over the years. Attorneys who specialize
in land use and relative issues can provide the City with the best
representation in this complicated field of law. Mr. Held has been
serving the City in this capacity since early 2015.
Amount: An amount not to exceed $100,000.
Account: 001.1500.514.3410, City Attorney outside Cost Land Use, with a
current balance of $100,000.
Attachments: Resolution for approval
RESOLUTION NO. ___________________ 2
A Resolution authorizing the City Attorney to hire outside counsel to provide 3
legal services in the area of land use, including services involving the purchase and 4
sale of municipal property, the Land Development Code and the City’s Comprehensive 5
Plan. 6
WHEREAS, the City is involved in many land use issues that require consultation 7
with experts in this specialized field of law; and 8
WHEREAS, the City’s Land Development Code needs to be overhauled due to the 9
fact that it has become burdensome and contradictory due to numerous amendments 10
over the years; and 11
WHEREAS, the City Attorney has a diverse and full workload that includes several 12
high profile and labor-intensive lawsuits; and 13
WHEREAS, there are attorneys who specialize in land use and relative issues and 14
who can provide the City with the best representation in this complicated field of law. 15
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 16
THE CITY OF SOUTH MIAMI, FLORIDA THAT; 17
Section 1.The City Attorney is hereby directed, without the need for further 18
resolution of the City Commission, to extend the existing agreement with Gary Held, to 19
continue serving as counsel on land use and development regulations and to provide 20
related legal services up to the limit of $100,000 during the 2016-17 fiscal year. Mr. Held 21
shall provide legal services to the Planning Board, ERPB, and all land use issues and any 22
other issues at the request or direction of the City Attorney or the City Commission. Mr. 23
Held shall advise on, but not be responsible for, ongoing revision of the Land 24
Development Code and the City’s Comprehensive Plan. The City Manager and his staff 25
are hereby authorized to issue payment for these legal services without the need for a 26
special resolution for approval, which shall be processed within 20 days of receipt. 27
Section 2. If any section clause, sentence, or phrase of this resolution is for any 28
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 29
shall not affect the validity of the remaining portions of this resolution. 30
Section 3.
PASSED AND ADOPTED this____ day of _________, 2016 33
This resolution shall become effective immediately upon adoption by 31
vote of the City Commission. 32
ATTEST: APPROVED: 34
35
__________________ ___________________ 36
CITY CLERK MAYOR 37
38
COMMISSION VOTE: 39
Mayor Stoddard: 2
READ AND APPROVED AS TO FORM, Vice Mayor Welsh: 3
LANGUAGE, LEGALITY AND Commissioner Harris: 4
EXECUTION THEREOF Commissioner Liebman:5
Commissioner Edmond: 6
_____________________________ 7
CITY ATTORNEY 8