HomeMy WebLinkAboutR-2014-007 Approved Acceptance & Deposit of County Reimbursed Fees Related to the Airport Eminent Domain Procedures providing additional funds of $59,462.00 RESOLUTION NO. 2014-007
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH FLORIDA APPROVING ACCEPTANCE AND DEPOSIT OF
COUNTY REIMBURSED ATTORNEY'S FEES, EXPERTS' FEES, AND
LITIGATION COSTS, AND RATIFYING AND APPROVING
EXPENDITURES RELATED TO THE FORT LAUDERDALE-HOLLYWOOD
AIRPORT EMINENT DOMAIN PROCEEDINGS INSTITUTED BY
BROWARD COUNTY IN ITS ACQUISITION OF THE HILTON HOTEL
(LOCATED AT THE NORTHEAST CORNER OF I-95 AND NEW GRIFFIN
ROAD); PROVIDING APPROPRIATION OF ADDITIONAL FUNDS IN AN
AMOUNT OF $59,462.00; PROVIDING FOR FUNDING; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City was named by Broward County in an eminent domain legal action
which, after substantial negotiation, led to a settlement between various parties including
Broward County,the Hilton Hotel owner and the City; and
WHEREAS, along with its agreement to allow certain City owned easements to remain
in place,the County agreed to make the following payments to the City:
County-Loss of easement property interest $180,000.00
Hotel -Depreciated value of utility infrastructure $ 58,595.75
County(final) - Payment for legal fees and expenses $ 81,911.49
Total City settlement payments $320,507.24; and
WHEREAS, the City previously received and deposited payment of the initial County
and Hotel settlements in November, 2013 and recently received payment on the County (final)
settlement in a net amount of$22,450.01 after payment of approved deductions of$42,130.00
for the City's special counsel attorney fees and deduction of $17,331.48 for the City's expert
witness fees and litigation costs, thus resulting in a net financial gain to the City in this legal
action of$261,045.76;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the above "Whereas"clauses are accurate upon and incorporated into
this Resolution by this reference.
Section 2. That the City Commission approves the acceptance and deposit of the
County (final) settlement check in the amount of$22,450.01 into General Fund Miscellaneous
1 RESOLUTION#2014-007
revenue related to its settlement of eminent domain litigation with Broward County stemming
from the airport expansion and acquisition by the County of the Hilton Hotel.
Section 3. That the City Commission ratifies and approves the City Attorney's
approval for: 1) expenditure and payment of litigation, and expert witness costs in an amount of
$17,331.48, and 2) consulting attorney fee costs totaling $42,130.00 related to this settlement;
resulting in a combined amount of$59,461.48 being deducted from the County (final) settlement
amount of$81,911.49.
Section 4. That the Administration is authorized and directed to appropriate
additional funds for the legal and fee costs related to the foregoing eminent domain litigation
related to the Airport expansion as follows:
Appropriations of Funds Sources/Transfer From:
General Fund, General Services,
Contingency Account No. 001-18-00-519-99-10 ($59,462.00)
Appropriation of Funds To:
General Fund, Legal Department
Airport Litigation Account No. 001-14-01-514-31-22 $ 59,462.00.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 11,2014.
ATTEST:
n"tt'- _d
LOUISE STILSON, CMC WALTER B. DUKE, III
CITY CLERK MAYOR
�gRD'S Flier
APPROVED AS O FO AND CORRECTNESS
THON4AV. ANSBRO
CITY ATTORNEY
2 RESOLUTION 92014-007