_add-on a)Add-on a) Resolution
Sponsored by City Attorney
City Commission meeting: 5/2/17
RESOLUTION NO. ________________ 1
2
A Resolution authorizing the City Attorney to expend additional funds to pay 3
for the legal representation in the case of Schwartz, et al. v. City Commission 4
of the City of South Miami. 5
6
WHEREAS, the City Commission adopted Ordinance No. 18-15-2225; and 7
8
WHEREAS, the plaintiffs in the case of Schwartz, et al. v. City Commission of the City 9
of South Miami have filed suit seeking a Writ of Mandamus directing City Commission to take a 10
subsequent vote on Ordinance No. 18-15-2225; and 11
12
WHEREAS, the litigation of land use issues is very specialized and the City 13
Commission authorized the City Attorney to hire Richard Ovelmen of Carlton Fields; and 14
15
WHEREAS, Mr. Ovelmen filed a response to the court’s order to show cause and the 16
Petitioner has submitted a very extensive memorandum in reply thereto, Mr. Ovelmen has 17
estimated that the time needed to respond to it and to attend the hearing on the matter may cost 18
up to a total of $6,000, over the previously authorized $10,000. 19
20
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 21
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 22
23
Section 1. The City Attorney is authorized to expend up to a maximum of $16,000 for the 24
services of Mr. Ovelmen, which is an expansion of the cap from $10,000 to $16,000, from 25
account No. 0011500 5144065, for outside counsel which has a balance of $31,882.03 as of the 26
date of this resolution. 27
28
Section 2.
32
Severability. If any section clause, sentence, or phrase of this resolution is for 29
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 30
not affect the validity of the remaining portions of this resolution. 31
Section 3.
35
Effective Date. This resolution shall become effective immediately upon 33
adoption. 34
PASSED AND ADOPTED this ____ day of _____________, 2017. 36
37
ATTEST: APPROVED: 38
39
_____________________ ______________________ 40
CITY CLERK MAYOR 41
42
READ AND APPROVED AS TO FORM, COMMISSION VOTE: 43
LANGUAGE, LEGALITY AND Mayor Stoddard: 44
EXECUTION THEREOF Vice Mayor Welsh: 45
Commissioner Harris: 46
_____________________________ Commissioner Edmond: 47
CITY ATTORNEY Commissioner Liebman: 48