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Home My WebLink AboutR-2003-117 Support Hollywood Civil Action agst BCnty re Public Records Airport RESOLUTION NO. 2003- 117 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE ACTIONS OF THE CITY OF HOLLYWOOD BY AUTHORIZING THE CITY TO JOIN HOLLYWOOD AS A PLAINTIFF IN THE FILING OF A CIVIL ACTION NAMING BROWARD COUNTY FOR FAILURE OF THE COUNTY ATTORNEY TO PROVIDE COPIES OF PUBLIC RECORDS REQUESTED BY THE CITIES PURSUANT TO THE PUBLIC RECORDS ACT, PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 30, 2002 and again on April 8, 2003, the City Attorney of Hollywood, Florida sent a request pursuant to the Public Records Act (Chapter 119, Florida Statutes), to the Broward County Attorney for copies of certain public records relating to the proposed expansion of Fort Lauderdale- Hollywood International Airport; and WHEREAS, the Dania Beach City Manager sent a similar request to the County Attorney; and !WHEREAS, Broward County has failed to provide copies of the requested records, claiming that they are exempt from disclosure; and WHEREAS, the City Commission of the City of Dania Beach believes that the requested records are not exempt from disclosure; WHEREAS, the proper procedure to determine whether the County Attorney is obligated to provide the requested records is to file a civil action to enforce the Public Records Act, and !WHEREAS, the City Commission of the City of Dania Beach desires to join the City of Hollywood and the Town of Davie as plaintiffs in the civil action to enforce the Public Records Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY F OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are made a specific part of this resolution. 1 RESOLUTION NO. 2003-117 Section 2. That the City Commission of the City of Dania Beach, Florida, expresses its support of the City of Hollywood in its intent to file a civil action naming Broward County, its officials or both, to enforce the Public Records Act and the City of Dania Beach is authorized to join the suit as a Plaintiff to seek any and all appropriate remedies. Section 3. That all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. Section 4. That this resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 13th day of May, 2003. BOB ANTON MAYOR — COMMISSIONER • ATTEST: ROLL CALL: COMMISSIONER CHUNN — YES COMMISSIONER FLURY - YES CHARLENE J NSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO FORM AND CORRECTNESS: BY: AJ HO A' NSBRO CITY ATTORNEY • 2 RESOLUTION NO. 2003-117 1,1AY 08 2003 11 : 46 FR CITY ATTY HLLYWD 954 921 3081 TO 89549212604 P . 02 t lY l,. rah woo ni p 0 o et t�a,rx�1 a�Q f CIS'Y ®f H0`11L 117WOO ), FLO IDA 094DCOAST �4poRAc}° ... DANIEL L.ABBOTT City Attomey Teiefax(954)9 1 3081 a t If 7 i+6 {1xYq 1 1, May 8, 2003 Ivan Pato, City Manager w"� 1 City of Dania Beach 100 W. Dania Beach Blvd. Post Office Box 1708 Dania Beach, FL 33004 Re: Public Records Requests to County� Proposed Expansion of Airport Dear Mr. Pato: Regarding the above-captioned matter, enclosed please find a copy of a resolution • adopted by the Hollywood City Commission on May 7, 2003. Although this is a copy without signatures, the original resolution will be signed by the appropriate Hollywood officials in a matter of days, and we wanted to advise you of its adoption without delay. k4# x i Please note that the resolution authorizes the Hollywood City Attorney to file an action against the County to enforce the Public Records Act but only if both the City of Dania Beach zr�l�,IHy.k h'. and the Town of Davie join Hollywood as party plaintiffs. At your earliest convenience, please_," advise whether Dania Beach will join Hollywood in this lawsuit. Sincerely, tt Alan Fallik Deputy City Attorney Enclosure a 5, #» ,OFFICE OF THE CITY ATTORNEY,2600 Hollywood Boulevard, Hollywood Florida 33020-4807t�R � 1 , r "An Equt0 Opportunity and Service Provider Agency" tr h � �6.3 .3 art+ t MAY 08 2003 1 1 : 46 FR CITY RTTY HLLYWD 954 921 3081 TO 8954921 2604 R �03;�c ' p ! • //}} --1�3� RESOLUTION NO. /Q� v r A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO FILE A CIVIL ACTION AGAINST BROWARD COUNTY FOR FAILURE TO PROVIDE COPIES OF PUBLIC RECORDS REQUESTED PURSUANT TO THE PUBLIC RECORDS ACT. Ff;: AIt1 i ky !+^d WHEREAS, on October 30, 2002 and again on April 8, 2003, the Citys{ ; rrirt Attorney of Hollywood, Florida sent a request, pursuant to the Public Records Act (Chapter 119, Florida Statutes), to Broward County for copies of certain public records relating to the proposed expansion of Fort Lauderdale-Hollywood International Airport; ��.. WHEREAS, the City of Dania Beach, Florida and the Town of Davie, Florida are also desirous of obtaining the County records that the City Attorney has requested; WHEREAS, Broward County has failed to provide copies of the requested t4,'!1x4 • records, claiming that they are exempt from disclosure; �r��J:,!7 WHEREAS, the City Attorney believes that the requested records are not �:;.. exempt from disclosure; WHEREAS, the proper procedure to compel the County to provide the requested records is to file a civil action to enforce the Public Records Act; WHEREAS, Dania Beach and Davie have indicated their intent to join a Hollywood as plaintiffs in tha civil action to enforce the Public Records Act' BE IT RESOLVED BY THE CITY COMMISSION `' ' NOW, THEc�;EFORE, , "4 OF THE CITY OF HOLLYWOOD, FLORIDA: ection 1: That, if both Dania_Beach and Davie join as plaintiffs, the City Attorney is hereby authorized to file a civil action against Broward County to enforce the Public Records Act and to seek any and all appropriate remedies. ;. n C,rk �N u • A r � 'MAY 08 2003 11 : 46 FR CITY ATTY HLLYWD 954 921 3091 TO 99549212604 P . 04 -inN f CITY ATTORNEY TO FILE CIVIL ACTION AGAINST 13ROWARD COUNTY TO • #� OBTAIN PUBLIC RECORDS RELATING TO AIRPORT EXPANSION Section 2: That this resolution shall be in full force and effect immediately upon its passage and adoption. ;+ PASSED ANDADOPTED this day of , 2003. MARA GIULIANTI, MAYOR ATTEST: PATRICIA A. CERNY, MM( aYNs, u + CITY CLERK .�N'S i 1�=hkyMa r e APPROVED AST FORM & rLzt O O LEGALITY for the use and reliance of the City of Hollywood, Florida only: r e DANIEL L. ABBOTT, CITY ATTORNEY K�+ a t�Wh +fps YE i F. rr%F tr y 2 P ** TOTAL PAGE . 04 :+