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Home My WebLink AboutR-2000-034 . ~RESOLUTION NO. 2000-034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING ADRIAN E. HERBST, ESQ. AND THE BALLER HERBST LAW GROUP AS SPECIAL CITY ATTORNEYS; PROVIDING THATALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach City Charter authorizes the City Commission to employ special city attorneys who shall serve under terms and conditions as may be determined by the City Commission; and WHEREAS, the Dania City Commission desires to appoint Adrian E. Herbst, Esq. and The Baller Herbst Law Group as special city attorneys to represent the city's interests in matters relating to telecommunications and in such other legal matters as authorized by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE • CITY OF DANIA BEACH, FLORIDA: Section 1. That Adrian E. Herbst, Esq. and The Baller Herbst Law Group are appointed by the Dania Beach City Commission to serve as special city attorneys to represent the city's interests in matters relating to telecommunications and such other legal matters as authorized by the City Commission. Section 2. That Adrian E. Herbst, Esq. and The Baller Herbst Law Group shall be compensated for their legal services in an amount to be determined by City Attorney Ansbro. All statements submitted by Adrian E. Herbst, Esq. and The Baller Herbst Law Group for services rendered shall be subject to review and approval by the city manager and the city attorney. Section 3. That all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. 1 RESOLUTION NO. 2000-034 Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED ON THIS 131h DAY OF MARCH, 2000. MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- YES SHERYL CHAPMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM ND CORRECTNESS: BY: /I-/ -\ - AAA TH MA J. S RO CITY A TORNEY . 2 RESOLUTION NO. 2000-034 FI, 2/QJ �FI'' aSi" �,J u''��';�� .,P-�• ±.tire- �a* y_.�'"t,��4�..;g a�JV �; 1.. 5l� '-� „a.�4 �,g k"a.�'"�'r•-�.t;".,`�,,: x h�s-,..�f. f �r�, 1� "'.' - T}��gyp-t� py(�®).T }T� HERB yT� S�yTy/'��/n1 .�' yyyi 6 683/ 8/l a Hi�BJ� LdLL��61�1► �./ROUP.- -:-A/'RUFF_CCfUNALCORPOMTIUN `9S3E GRAIN EXCHANGE B UILDING 400 SOUTH FOURTH s7REET . miNNEAPous,MINNESO'['A S5415-1413 (6/2)339-2026 FAY-(612)339-4789 IANE.HL'R6S7 - �} ? x ' 4 j K9 WASffiNC iON,;D C UE'FI Rsz o 4r '"✓ � 'a' s+•,. y h� r ItD1l ti.,f*iL4s�1dI011/NGJFF�TO UDC 100'y it �361507a� 6 (611)JJ9-201d risC � ff, . lereart + 2 xivk v AJti sr ' Q11Kb7 '?.� . + #yrrsa . 4 cbru 2Q 2000. •y a -.�p 5� r.T ro,,!„�m 7 - �.. ,tx .� aryl . , y :• f3dnF+'�c h 3�s�R'pc t�?4,.e l�s 4'�? Sr�✓'l� ; .�``.1 ,d.r�3N zed .Ti u 1 r'-t.. �. Thomas J Arisbro,Esq., Ci t Attorney: ! t f f :City of Dania Beach F � 2 �� ` � � r ,. � -�'�3 Ski TM.+ E�:-��. �y._ L•4 -,,.. 3: iF n .fJ l ` �.i{ t.tEs x'rpr C/� We1ss,Serota,HClf[213I1, r -� �u� � l .k �„z YasWnza&Cruede$, 15 1132 S E Second Avenue Fort Lauderdale;FL 33316 L RE City of Dania Bcach Engagement Letter r � Y Dear Tom y;;pis"r\t•+'�.0 Thxs'lecter will confirm my understarid�ng that you have.engaged the'serviCes of ThettBaller� ; with n e as the contact.person, ,t assist, ou on a variety of prpiects Involvirig� • Herbst Law Group, P C p y regulation and use )f right-of way within the''City nf.Dania Beach Flonda ` We have been retained by you because of our experience in the field and having performed similar services on behalf o£other coniir►unities,including cotnniumties ill your general area ;:bIowcvcr,� r we also understand that you .rvrll seine, as local counsel, City Attorney, and be responsible for n interpretation of local law requirements We understand the City has an mediate need for us to develop together with you ineerim immediate agreements as well as an application form and process to be Followed by the City with respect to several potential right-of-way users. This may include Metricom, E.Spire, and AT&T. f Our initial work may include the requirement that we attend City Council meetings or meetings with others in the City and the possibility of working together with you to negotiate the tinahzation of agreements with each particular provider. Also, since.other communities in your general area;have " experienced similar requests from these providers, we will work together with you to.contact :other Wmmunities and to compare their requirements with what is being developed for the City of Dania Beach. In addition to the foregoing, we also understand that you would like to have us assist you on o longer term basis to develop a permanent form of regulations and procedures for the City. This might include the development of a Construction and Administration Ordinance with standards :for. right-of.--way use, lease agreements, and specific enabling legislation relating to telecommunic ado ns service providers. r 1233947$9 TO 64 �7770 ..003�003 FEB �C9- 00 4 52 .FROM BAL.LEtiERBST�¢L WRN -.c 7�,J� alpF' �N.L �V°� z1a ea,✓y,��c_r tit v Thomas J. Ansbro,Esq. February 29,2WO Page 2 .1 expect that once we commence this protect and begin to work together, the requirements and , needs of the`City"for our sernces swill becoinc more clearly defined :�In the meantime, we have �y fi 3 t s to tw �dT Xrii tG r commenced work as you have requested` z= ;<� "a-: �f�e tS rc 6G .✓ n With:respect to compensation, -it is :my understanding that you believe other com�nunit,es > ;represented by.your firm will also haven need for our assistance Because of this,you'havc asked us to scount our standard hourly rates t �r Based on the forcgouig,the hourly rates we will charge will be as follows ;c } ;.Adrian Herbst $225/hr. ,r Sean Stokes Associate ttorney, Legal Assistant Additionally, cost:and expenses relating to worn performed on your 6ehalf,'including travel, {� lodging, copying charges, long-distance charges, computerized legal research, artd authorized cost fora' Y t r=ram technical assistance will be billed at cost and added to our regular monthly statements d We understand that we should forward all statements directly to you. .Statements will be:due .. > promptly upon receipt ;Tf there is any question regarding any billing statements,we expect that you will immediatelynotify us to xesolve any questions promptly. We look forward for the opportunity to work together with you.':Should you have any questions concerning this letter,please let me know, Otherwise,kindly sigii a copy of the letter and return to me for our files: Dated:, ,-K a 2000 THE BALLER HERBST LA By Adrian E.Herbst,Vice President and Shareholder Dated: Lillas .2000 THE CITY OF DANIA BEACH,FLORIDA by: AT 4C .K. McE a .Mayor By beryl Chap Thomas Ans ro,Cit Attorney Acting City APPROVED AS TO FORM CORRECTNESS : Michael Smith, i Manager