HomeMy WebLinkAboutR-2013-018 Increased Legal Department Budget by $35,000.00 for Representation in the Broward County Eminent Domain Case known as Broward County vs. Ft. Lauderdale Owner RESOLUTION NO. 2013-018
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PROVIDING FOR AN AMENDMENT TO INCREASE
THE FISCAL YEAR 2012-2013 GENERAL FUND LEGAL DEPARTMENT
BUDGET BY $35,000.00 TO PROVIDE FUNDING FOR LEGAL
REPRESENTATION OF THE CITY'S INTERESTS IN THE BROWARD
COUNTY EMINENT DOMAIN CASE KNOWN AS BROWARD COUNTY
VS. FT. LAUDERDALE OWNER, LLC, ET AL.; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 2, 2013, the City was served a Summons and a Petition in an
Eminent Domain case by Broward County, in Broward County Circuit Court Case No.: 12-
33993 (21); and
WHEREAS, the properties being sought under the eminent domain case and to be
condemned are the Hilton Hotel located at 1870 Griffin Road in Dania Beach, and a business
located adjacent to and north of the hotel,Nautical Ventures; and
WHEREAS, the City is named in the lawsuit because it granted several easements and
encroachment rights to the two businesses when they were originally constructed years ago, and
a City water main, a lift station and related utilities may be affected by the proposed taking; and
WHEREAS, the Weiss, Serota law firm has experience in eminent domain proceedings,
and its attorneys would represent the City's interest and seek compensation for the City if the
easements and utility structures need to be relocated, as well as seek to recover attorney fees and
costs expected to be incurred by the City; and
WHEREAS, the approved Legal Department annual budget did not plan or provide
appropriations to fund the estimated cost of eminent domain legal services;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the City Commission approves a transfer of General Fund -
Contingency appropriations available in the approved Fiscal Year 2012-2013 budget, increasing
the Legal Department budget—Airport Legal Services account by Thirty Five Thousand Dollars
($35,000.00).
Section 2. That the City Commission authorizes the engagement of the Weiss,
Serota, Helfinan, Pastorize, Cole & Boniske Law Firm to represent the City in the Broward
County eminent domain suit identified above with costs to be charged to the General Fund Legal
Department—Airport Litigation Account.
Section 3. That the $35,000.00 funding appropriation transfer into the Legal
Department Budget will be made as follows:
Transfer from:
General Fund—General Services, Contingency Account#001-1800-519-99-10
Transfer to:
General Fund—Legal Department,Airport Legal Services#001-1401-514-31-22
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 26, 2013.
ATTEST:
LOUISE STILSON, CMC WAkTER B. DUKE, III
CITY CLERK MAYOR
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APPROVED AS TO RM AND CORRECTNESS: ® G
THOMAS J. S O ,
CITY ATT- E
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