Res No 088-17-14889RESOLUTION NO. 088-17-14889
A Resolution authorizing the City Attorney to expend additional funds to pay
for the legal representation in the case of Schwartz, et al. v. City Commission
of the City of South Miami.
WHEREAS, the City Commission adopted Ordinance No. 18-15:-2225; and
WHEREAS, the plaintiffs in the case of Schwartz, et al. v. City Commission ofthe City
of South Miami have filed suit seeking a Writ of Mandamus directing City Commission to take a
subsequent vote on Ordinance No. 18-15-2225; and
WHEREAS, the litigation of land use issues is very specialized and the City
Commission authorized the City Attorney to hire Richard Ovelmen of Carlton Fields; and
WHEREAS, Mr. Ovelmen filed a response to the court's order to show cause and the
Petitioner has submitted a very extensive memorandum in reply thereto, Mr. Ovelmen has
estimated that the time needed to respond to it and to attend the hearing on the matter may cost
up to a total of $6,000, over the previously authorized $10,000.
NOW THEREFORE BE IT RESOL VED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Attorney is authorized to expend up to a maximum of $16,000 for the
services of Mr. Ovelmen, which is an expansion of the cap from $10,000 to $16,000, from
account No. 0011500 5144065, for outside counsel which has a balance of $31,882.03 as of the
date of this resolution.
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, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 2nd day of May, 2017.
APPRO~ !d
COMMISSION VOTE: 3-2
~ayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Harris: Nay
Commissioner Edmond: Nay
Commissioner Liebman: Yea