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2012 HFA 04-12-07RESOLUTIONNO. HFA 04 -12 -7 A Resolution of the City of South Miami Health Facilities Authority ( "Authority "), appointing general counsel to represent the Authority. Whereas, the City of South Miami Health Facilities Authority ( "the Authority "), pursuant to Ordinance No. 11 -95 -1584, Section (3)(d) adopted August 15, 1995, wish to elect one of its members as Chairman and one as Vice Chairman. Whereas, the Authority is in need of general counsel to represent the Authority; and Whereas, the Authority is empowered by 12- 44(9), City of Miami Code of Ordinances to "[e]mploy... attorneys ...and such other employees and agents as may be necessary in its judgment ... and to fix their compensation." Whereas, the Authority is empowered by 12- 44(12), City of Miami Code of Ordinances to "[ c]harge to, and equitably apportion among health facilities, its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article [Article 12], and to otherwise charge fees and costs in connection with a health facility financing. NOW THEREFORE BE IT RESOLVED BY THE HEALTH FACILITIES AUTHORITY OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Authority hereby appoints Thomas Pepe as general counsel to the City of South Miami Health Facilities Authority ( "Authority") to represent the Authority at an hourly rate of $200.00 per hour, to compensate its general counsel for all costs incurred in the representation of the Authority and to charge these fees and costs to the health facilities who benefit from financing obtained through the Authority. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 181h day of January, 2012. Pg. 2 of Res. No, HFA 04 -12 -7 BOARD VOTE: 4 -0 Chair Cassel: Yea Vice Chair Yanoshik: Yea Member Acker: Yea Member Kline: Yea Member Beckman: absent