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HomeMy WebLinkAboutR-2002-108 RESOLUTION NO. 2002-108 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,APPOINTING THE LAW FIRM OF WHITE &CASE AS SPECIAL CITY ATTORNEYS, TO PROVIDE LEGAL SERVICES TO THE CITY IN CONNECTION WITH RUNWAY IMPROVEMENTS PROPOSED TO BE LOCATED AT THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the law firm of White & Case is appointed by the Dania Beach City Commission to serve as Special City Attorneys to the City in connection with runway improvements proposed to be located at the Fort Lauderdale-Hollywood International Airport and for such other related matters as may be authorized by the City Commission. Section 2. That a copy of the letter dated August 7, 2002, sent by T. Neal McAliley, on behalf of the law firm, to the City Manager is attached. All services rendered and fees and costs incurred shall be monitored, reviewed and approved by the City Manager, the City Attorney and the City Commission. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect upon adoption. PASSED AND ADOPTED ON THIS 13T" DAY OF AUGUST, 2002. R BERT H. CHUNN, MAYOR — COMMISSIONER ATTEST: ROLL CALL: + COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES tfi)NIZUENE 1jdHNSON COMMISSIONER MIKES - YES CITY CLER VICE-MAYOR FLURY - YES MAYOR CHUNN -YES ® 1 RESOLUTION NO. 2002-108 ® APPROVED AS TO FORM A, ND CORRECTNESS: BY: 1 - AllAl THOMA J. ASBiRO CITY ATTORNEY 2 RESOLUTION NO. 2002-108 LOS ANGELES ALMATY MIAMI ANKARA NEW YORK WHITE & CAS E BANGKOK PALO ALTO BOMBAY/MUMBAI SAN FRANCISCO LIMITED LIABILITY PARTNERSHIP HO CHI MINH CITY WASHINGTON, D.C. HONG KONG FIRST UNION FINANCIAL CENTER JAKARTA BERLIN SHANGHAI ® BRAT15LAVA 200 SOUTH BISCAYNE BOULEVARD, SUITE 4900 SINGAPORE BRUSSELS TOKYO BUDAPEST MIAMI, FLORIDA 33 13 1 -2352 DRESDEN DUSSELDORF URT FRANKF RT TELEPHONE: (1 - 305) 371-2700 RA BAHRAIN HAMBURG FACSIMILE: (1 - 305) 358-5744 JEDDAH HELSINKI - RIYADH . ISTANBUL LONDON # MILAN MOSCOW MEXICO CITY PARIS SAO PAULO PRAGUE ROME STOCKHOLM Direct Dial: (305)995-5255 WARSAW - email:nmcallley@Whdecase.COm JOHANNESBURG August 7, 2002 Mr. Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Ft. Lauderdale/Hollywood International Airport Expansion Project Environmental Impact Statement Dear Mr. Pato. This confirms your engagement of White & Case LLP ("White & Case" or the "Firm") to act as your lawyers and perform legal services ("Services) on behalf of the City of Dania Beach in relation to the Federal Aviation Administration's ("FAA") consideration of the proposed expansion of the Ft. Lauderdale/Hollywood International Airport ("Airport"). The City of Dania Beach previously engaged White & Case in 2001 to prepare comment letters on the draft Environmental Impact Statements prepared by the FAA. Since the comments were submitted on the Suppiemental Draft Environmental Impact Statement in April 2002, this Firm has continued to represent the City of Dania Beach in relation to the FAA's consideration of the proposed Airport expansion. The purpose of this letter is to memorialize this continued relationship. We will bill you monthly for legal services at our standard hourly rates at the time services are rendered. My current rate is $300.00 per hour. Current rates for other lawyers who may work on this matter range from $215.00 per hour to $395.00 per hour, although I expect to do most of the work. Our current estimate of monthly expenses for attorney time is $20-25,000 per month in a pre-litigation posture. We understand that the City of Dania Beach is still in its budgeting process for the next fiscal year, and that until October 1, 2002, the amount of available funds will be limited. During this time, we therefore will continue to consult with the City of Dania Beach regarding specific work to be performed by the Firm on behalf of the City. 9w2002 1:1 a PNI(2K) MIAMI 301783%,1(og*.vO 11 DOCI WHITE CASE LIMITED LIABILITY PARTNERSHIP Ms. Ivan Pato August 7, 2002 Page 2 We also will bill you for costs incurred on your behalf. Such costs include, but are not limited'to, postage, photocopies, facsimiles, courier services, travel expenses, and other costs necessarily incurred during our representation. Such costs specifically include the costs to hire expert consultants to assist the Firm in defending the City of Dania Beach's interests. At present, our estimate of costs to hire the two expert consultants we have discussed will be no more than $23,000, and we are negotiating with them to reduce their fees further. You agree to pay our monthly statements promptly upon receipt. You .will pay interest at the rate of 1% per month for any amount outstanding more than thirty days after the invoice date. If you fail to pay our monthly statements, we reserve the right to terminate our representation and you agree to pay iegal fees and costs we incur in collecting payment for our invoices. As has been the practice over the past year, the Firm also will continue to represent the City of Hollywood with regard to the same matters that the Firm represents the City of Dania Beach. The Firm also has represented the Town of Davie in the past regarding the same matters. The Cities of Dania Beach and Hollywood will share the cost of the Firm's services and costs, with the respective contribution of the Cities to be resolved in discussions between the Cities. Although the Cities of Dania Beach and Hollywood and the Town of Davie share common interests in this matter, the City of Dania Beach waives any conflicts of interest ® that exist or may arise for the Firm in its representation of the City of Hollywood or the Town of Davie. You have the right to discharge us for any reason at any time upon the giving of reasonable notice. If we are discharged, any unpaid charges for legal services and costs will be paid within thirty days of such discharge, and we will be entitled to hold our files until we are paid. If you fail to pay our monthly statements, we reserve the right to terminate our representation and you agree to pay legal fees and costs we incur in collecting payment for our invoices. We have the right to withdraw from representing you at any time consistent with our responsibilities under the applicable codes of professional conduct. If we elect to withdraw you will: (a) take all steps necessary to free us of any obligations to perform further, including the execution of any documents necessary to complete our withdrawal; and (b) pay the outstanding fees and expenses as agreed. To the extent we have incurred costs or expenses on your behalf which you have not paid, we will be entitled to prompt reimbursement for such costs or expenses. 8/7/2002 1:14 PM(2K) MIAMI 301783 v1(6g°/,v01!.DOCJ WHITE & CASE LIMITED LIABILITY PARTNERSHIP Ms. Ivan Pato August 7, 2002 ® Page 3 If the foregoing accurately reflects your understanding of the terms of our engagement, please sign and return to us the enclosed copy of this letter. We look forward to working with you. Sincerely, T. al McAliley TNM:tm Enclosure Accepted and agreed to this_2n±j�ay of August, 2002. ® CITY OF DANIA BEACH tr IVAN PATO Its: rTTV MANAngR cc: Thomas J. Ansbro, Jr. g/7/2002 4:39 P f(2K) MIAMI 301793 v1(6g%%,01!.D0Cj o FLORIDA August 27, 2002 T.Neal McAliley, Esq. White & Case LLP First Union Financial Center 200 S Biscayne Boulevard, Suite 4900 Miami, FL 33131-2352 RE: FT.LAU DERDALE/HOLLYWOOD INTERNATIONAL AIRPORT EXPANSION PROJECT ENVIRONMENTAL IMPACT STATEMENT Dear Mr. McAliley: On August 13, 2002, the Dania Beach City Commission adopted Resolution No. 2002-108 appointing the law firm of White & Case as Special City ® Attorneys, to provide legal services to the City in connection with runway improvements proposed to be located at the Ft. Lauderdale-Hollywood International Airport. We are enclosing a copy of the resolution and one fully executed copy of the engagement letter. We have retained the original in our files. A copy of the letter prepared by your office was sent to Governor Jeb Bush as signed by the Mayor and Commissioners of the City of Dania Beach is also enclosed for your records. Sincerely, 41 �I r ene J h son City Clerk CJ/mn Enclosures "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us ti ti -- FLORIDA August 14, 2002 Governor Jeb Bush PL 05 The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 Re: Proposed Expansion of Ft. Lauderdale-Hollywood International Airport Dear Governor Bush: We are writing to seek your help in our efforts to develop a consensus, environmentally- friendly plan for the expansion of the Ft. Lauderdale-Hollywood International Airport. The residents of Dania Beach and Hollywood strongly believe that the current proposal to expand the South Runway has not been adequately studied, and will have significant long-term effects on our communities. We need your help so that our local communities will have the time to work through the issues further and attempt to develop a plan that we all can live with. As you may know, Broward County is proposing the expansion of the South Runway of the airport. The residents of our communities believe that the proposed expansion of the South Runway will cause serious and unnecessary negative effects on the environment, the quality of life of our towns, and the economies of our local communities. Of particular concern is the effect it might have on John U. Lloyd State Park and other environmentally sensitive areas. Expanding the South Runway, as currently proposed, will thrust many of the worst aspects of the airport right into our communities. Most people in our communities are not opposed to improving the airport, but we do not want to be forced to bear all of the negative side effects. We also believe that those negative effects have not been thoroughly disclosed by the Federal Aviation Administration. The FAA has prepared draft Environmental Impact Statements as it is required to do under federal law. The draft statements have serious flaws. For instance, the draft Environmental Impact Statements have only projected the effects of the proposed South Runway expansion out to 2015, even though many of the most negative effects will occur after then. There is no real analysis of the cumulative impacts of the proposed Runway Expansion with other planned area improvements. The FAA also chose not even to discuss a whole host of issues that it considered in its studies of Homestead Air Force Base. 8/8/2002 6:04 P%f(2K) "Broward's First City' MIAMI 302017 vl id0l IDOC] 100 West Dania each Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us Governor Jeb Bush Page 2 The Broward County Commission recently took the important step of agreeing to update the Airport Master Plan, look at new alternatives, and more fully analyze the environmental impacts of the expansion of the airport. We believe that this process will give all stakeholders a chance to take a fresh look at the issues and find an airport plan that we can all support. However, the FAA has indicated that it intends to move forward, finalize the Environmental Impact Statement, and approve the proposed South Runway expansion. If the FAA does this, we believe that it will undercut the consensus-building process of the Airport Master Plan Update, and make decisions based on incomplete and faulty information. We believe that you can help us make sure that the Airport Expansion is done the right way. First, on behalf of the thousands of residents of Dania Beach and Hollywood, we ask that you intercede with the FAA and request that they not issue a final Environmental Impact Statement or make any decisions until after the Airport Master Plan Update is complete. Given your stature, we believe that the FAA will listen to you when they have not listened to us. Second, we ask that you not certify to the FAA that the proposed South Runway expansion complies with Florida environmental laws. Under federal law, the FAA cannot fully approve an airport development project unless the Governor of the State certifies in writing that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards. 49 U.S.C. § 47106. At this point, not all State agencies have issued final approvals of the proposed South Runway expansion. ® More importantly, given that the FAA's environmental analysis does not even analyze the proposed South Runway expansion's impacts over the long term, we do not know whether there will be long-term compliance with State law over the long term. It makes more sense for everybody if the State waits for further study before it signs off on this project. Finally, we ask that you come to Dania Beach and Hollywood and listen to our concerns. You are our Governor, and we want you to know how strongly we feel about this issue. We want to find a way to improve the airport, but we also don't want to erode the very qualities that make Southeast Broward a great place to live. With your leadership, we could find another way to resolve our concerns. Sincerely, Y O DANI B EACH IS OTV, Ro H. hu Jr., Mayo r atricia 1 or rtino, Comma i er Ch e 1 ea ommissioner Robert Mikes, Commissioner