01-18-2024 City Commission Regular Workshop Agenda The City of City Commission
Aventura Workshop Agenda
January 18, 2024
9:00 a.m.
Aventura Government Center
51" Floor Executive Conference Room
19200 W. Country Club Drive, Aventura, FL 33180
1. Call to Order/Roll Call
2. Pledge of Allegiance
3. Discussion: Proposed Code Amendment to Allow, in Limited Circumstances,
Hotel Stays of 365 Days (City Manager)**
4. Discussion: Changing the June 20, 2024 City Commission Workshop to
June 13, 2024 (City Manager)
5. Discussion: Miami-Dade Youth Governance Day (City Manager)*
6. Discussion: Teacher-Child Preference (City Manager/Commissioner Friedland)
7. Discussion: Outdoor Basketball Courts (Mayor Weinberg)
8. Discussion: Proposal from Gulfstream Park: Conveyance of a 3-Acre School
Site in Exchange for Entitlements (Mayor Weinberg)*
9. City Attorney Report: Form 6 Lawsuit (City Attorney)*
10. City Attorney Report: FLUEDRA Recommendations (City Attorney)
11. Adjournment
* Back-up Information Exists
** PowerPoint Presentation
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who
need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,305-466-
8901 or cityclerkga cityofaventura.com,not later than two days prior to such proceeding. One or more members of the City of Aventura
Advisory Boards may participate in the meeting.Agenda items are available online at cityofaventura.com for viewing and printing.Copies
of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or cityclerk@cityofaventura.com.
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager �..0
DATE: January 12, 2024
SUBJECT: Discussion Miami-Dade Youth Governance Day (City Manager)
January 18, 2024 City Commission Workshop Agenda
Virtutem Populo, Inc. is a student-led nonprofit organization that promotes civic
engagement and community involvement among youth in Miami-Dade County. It
believes in teaching students beyond a textbook by participation in local government.
On February 1, 2024, they will be accepting applications for students to apply for the
2024 Miami-Dade County Youth Governance Day. After consideration by the selection
team, two top applicants will be selected for consideration. Of the two, one applicant
will be selected by the municipality to serve as Mayor for the Day on April 10, 2024.
1 have placed this matter on the Workshop Agenda for discussion. If you have any
questions, please feel free to contact me.
RJW/act
Attachment
CC04001-24
G
■ ■ <
rrr ur
m rrr
m w
YOUTH GOVERNANCE DAY
_ f
A
STUDENT ELECTED
LEADERS OFFICIALS
www.virtutempopulo.org • info@virtu lempopufo.net • 15476 HW 77th Ct, #116, Miami Lakes, FL 33016
' ABOUT
a®n
NONE! k
Virtutem Populo, Inc. is a student-led 501 (c)(3) nonprofit
organization dedicated to promoting civic engagement
and community involvement among youth in Miami-
Dade County. We do this by:
• Advocating for youth representation in government,
community involvement, and active civic education.
• Programming a variety of events and workshops to enhance
student understanding and engagement in local government
and civics.
• Educating students on the processes of government and the
importance of being involved civically in one's community.
At Virtutem Populo, we understand and value of civics beyond
textbooks. Civics is a way of thinking, a way of living. This is why we
dedicate ourselves to inspiring young minds to take an active
stance in their communities and to get involved with local
government. We believe in the Virtutem Populo mentality, the
mentality that one must be the change one wants to see in the
world.
}
s
' PROGRAM
11 OVERVIEW
em"W-3:
* x
On April loth, 2024, we want high
school students to take over as
mayor for the day in all of Miami-
Dade County's 35 local governments.
Miami-Dade County contains 34 municipal governments and one
county government. Together, these 35 local governments represent
over 350,000 students. It is important that we teach our students
what government is like beyond a textbook. Government is at the
core of American Democracy and local government is at the heart of
it all.
STRUCTURE OF PROGRAM
• On February 1st, 2024, we will open applications for students to apply for the 2024
Miami-Dade County Youth Governance Day.
o Students must live or go to school in whatever municipality they are applying for.
• Applications will close on February 29th. Our selection team will narrow the choices
down to the top two applicants, then each municipality may select whichever of the
two students will serve as mayor for the day on April 1 Oth, 2024.
• Selected students will receive goodies, participate in workshops, and be invited to the
Mayor for the Day dinner.
• On April 10th, 2024, students will report to the local government office and be
Mayor for the Day.
o April 1Oth, 2024, is a teacher planning day for all students in Miami-Dade County Public
Schools. This means there is no class on this day,
• The municipality/ mayor, with guidance from our team, is responsible for supervising
the student and planning any activity, event, or task for the student to work on during
the course of the day.
I TITITITi
In order to maximize our impact, we want as many local
governments on board for the first annual Miami-Dade County Youth
Governance Day.
— GXj'y Or
it •f • nntr uuo +
� u tt ty
W- 1
� O R 'k . r
i
Mayor Daniella Cava Mayor Francis Suarez Mayor Steven Losner Mayor Otis Wallace
Miami-Dade County City of Miami City of Homestead City of Florida City
Ut:r' i,�CORrEII�\�O
Mayor Steven Meiner Mayor Vince Lago Mayor Steve Bovo Mayor Mix Desulme
City of Miami Beach City of Coral Gables City of Hialeah City of North Miami
--�G.OLp %1I
OVA{CCICA �0
92
Mayor John Taylor Mayor Maria Mitchell Mayor Javier Fernandez Mayor Glenn Singer
City of Opa-locka City of Miami Springs City of South Miami Town of Golden
" Rus Beach
ire j4)
r,>
Mayor Evan Piper Mayor George Burch Mayor Jonathan Groth Shlomo Danzinger
City of North Miami Beach Miami Shores Village Village of Biscayne Town of Surfside
Park
�A
Mayor Omarr Nickerson Mayor Bernard Klepach Mayor Jose Diaz Mayor Brent Latham
Village of El Portal Indian Creek Village City of Sweetwater North Bay Village
10
' OU1 GOAL
a�a
11 I
BAL
• &1Y HARBO&
HARBOUR
404 co
Mayor Eric Diaz-Padron Mayor Elizabeth Tricoche Mayor Jeffrey Freimark Mayor Fred Deno IV
City of West Miami Town of Bay Harbor Bat Harbour Village Village of Virginia
Islands Gardens
AF
Mayor Yioset De La Cruz Mayor Roberto Martell Mayor Joe Rasco Mayor Howard S.Weinberg
City of Hialeah Gardens Town of Medley Village of Key City of Aventura
- O/JKNY/S< A Biscayne ,.A CF
Ageo
,n
PINE®
Mayor Joseph Corradino Mayor Larisa Svechin Mayor Manny Cid Karyn Cunningham
Village of Pinecrest City of Sunny Isles Town of Miami Lakes Village of Palmetto
r,1�mu� Beach Bay
J
i
1
• 9 7e A,
0 A M I
Mayor Rodney Harris Mayor Christi Fraga Mayor Tim Meerbott
City of Miami Gardens City of Dora[ Town of Cutler Bay
Together, we can empower students like never before and directly
engage the next generation of civic leaders in local government. We
kindly ask that you consider officially adding your name and local
government to the list of participating municipalities.
�1111101�
HOW TO PARTICIPATE
Participating in the 2024 Miami-Dade County Youth Governance
Day is simple. All you have to do is fill out this form. When
filling out the form, please assign a point of contact (the mayor,
mayor's assistant, chief of staff, community affairs director, city
manager, etc.) who our team can be in communication with
regarding the program and day of event (April 10).
Click here to signup
WHAT WE WILL TAKE CARE OF
• Creating and maintaining the application for students to
complete.
• Selecting the top two candidates for each mayor / local
government to review.
• Preparing the students to be mayor for the day.
• Creating custom flyers for printing and social media
advertisement for each respective municipality participating.
• Ensuring the student has transportation to and from the
municipal government center.
• Advertising the program to schools and communities.
WHAT THE MUNICIPALITY WILL TAKE CARE OF
• Supervising student on April 10th, 2024.
• Organizing a schedule with tasks, events, activities, and/or
experiences for the student to participate in on April 10th,
2024.
Municipalities/Mayors m • • by 01/25/24
I11 111
rrr rrr
rlr rrr
rrr rrr
GEE
April 10111,
on • • • •k @virtutempopuloinc online at • • • • • •
If 'you wish to schedule an in�person or �a�m meeting to
further ��scuss the program please contact us at
mau ritsvi rtutempaputo.org
ww+x.�rlrttempouio,4r� • inITC. rirtutemRulo.net • 1bl; 76 iIW TTfi1 Ct, #iil, Mimi Lake, FLU
EDWIN J. STACKER
PARTNER
Shutts 8t Bowen LLP
201 East Las Olas Blvd.
Suite 2200
Fort Lauderdale, FL 33301
DIRECT (954)847-3839
EMAIL EStacker@shutts.com
December 20, 2023
VIA EMAIL—kloppWiWtyofaventura.com
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W.Country Club Drive, 4''Floor
Aventura, Florida 33180
Re: REQUEST FOR WORKSHOP - Proposed Conveyance of a 3-Acre Parcel in
Exchange for Entitlements and Additional Considerations Relating to the Remainder
of that certain Property Identified by FOLIO #28-1234-019-0011 and FOLIO #28-
1234-019-0021
Dear Mr. Klopp:
As you are aware, the undersigned counsel, represents Gulfstream Park Racing Association, Inc.
("GSP")the fee simple owner("Owner") of vacant land in the City of Aventura("City") consisting of an
approximately 30.23-acre parcel ("Property") situated north of NW 213'' Street("2131'' St."), bounded on
the west by Biscayne Blvd.,on the north,by the Broward County/Miami-Dade County line,and lying north
and east of Waterways Park, as depicted on attached Exhibit A. Please consider this as a formal request,
on behalf of GSP,to present this proposal to the City Commission at its next regularly scheduled Workshop
meeting of January 18, 2024, for the purposes of discussing the proposed terms of a future contractual
arrangement relating to the matters generally set out herein.
Background and Proposed Agreement
GSP and the City have previously entered into two similar transactions,the first of which resulted
in the City's acquisition of approximately 7 acres from GSP, in 2006, for the subsequent development of
Waterways Park,and in the second instance,the City's acquisition of 2 additional acres from GSP,in 2017,
for the ultimate development of Aventura Don Soffer High School. Both of these conveyances were
structured such that prerequisites to the closings on the parcels were the consideration and approval,by the
City, of certain entitlements,together with the approval of a Chapter 163, F.S. development agreement, as
amended ("DA") which spells out additional provisions related to the terms of the transactions, including
protection from downzoning.
The City's existing Future Land Use Plan Map designates the Property in the Business and Office
category, the City parcels to the east are designated as Community Facilities and Recreation and Open
Space, respectively, and, to the south of 2131'' St., the properties are designated as Business and Office to
the west,and Medium-High Residential immediately south of the Property. The City Official Zoning Map
FTLDOCS 8970442 6
shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAM1 I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH
Page 2
designates the Property as both B-2 and MO, with the existing entitlements providing for conditional use
approval of 480 units, up to 25-stories, on the approximately 12.7-acre Medical Office ("MO") parcel,
approximately 17.5 acres of B-2 use fronting on NW 2131 Street and Biscayne Blvd., together with the
right to temporarily maintain thoroughbred horses in existing stables located on the north end of the
Property.Additionally, there is one roadway connection from 2131 St. that provides for vehicular traffic to
GSP's Hallandale Beach property, which use is currently limited to race-day use only.
The City has recently approached GSP requesting that an additional 3 acres be conveyed to the City
for future use as an additional charter school site, and GSP is willing to consider the"as is"conveyance of
that certain 3-acre parcel ("School Parcel"), as depicted on attached Exhibit B, for non-monetary
considerations, which considerations would include, but not necessarily be limited to, approvals for
permanent increased density and intensity on GSP's remaining property ("Development Property"), as
depicted on attached Exhibit C, together with enhanced access from 2131h St., the granting of necessary
easements, the waiver of certain fees and costs, and general cooperation and written support for permits
and approvals that may be necessarily required from other governmental entities.
Proposed Document Framework
Since there is already an existing DA,GSP proposes to work with the City to amend the DA,which
amendment will memorialize certain terms and understandings between the parties,and GSP also envisions,
in lieu of a standard Purchase and Sale Agreement,that an agreed-upon"closing agreement" or "contract
for exchange of consideration" be negotiated, wherein a detailed list of both the City's and GSP's rights
and obligations will be clearly delineated. Those documents would specify the additional documents that
may be required in order to"close"the agreements between the City and GSP. GSP and the City agree that
all entitlements,rights, and benefits granted to the Development Property shall run with the land,and shall
benefit any and all successors and assigns.
The Proposed GSP Project Entitlements
GSP is proposing that the City review and approve entitlements for the Development Property for
an overall mixed-use project that permanently provides for a vested density of up to 1500 residential units,
with flexibility to develop all building types, including, low-rise or high-rise units,with a maximum height
of 30 stories, and a Residential FAR of 4.0 on the gross acreage. In addition, the Development Property
will be vested for non-residential uses which permit retail, office, hotel and entertainment, with a non-
residential FAR of 2.0 on the gross acreage. Access to and from 213" St. and the GSP Hallandale Beach
property will be afforded by three(3)"unrestricted"roadway connections,at locations mutually acceptable
to GSP and the City. The permits and procedures for effectuating these connections shall be facilitated by
the City, including signalization as warranted. Additionally, GSP and the City acknowledge that GSP will
receive approvals to subdivide the Development Property as part of the agreements.
Overview of Additional GSP Conditions to Convey the School Parcel to the City
As consideration for the non-monetary "as is" conveyance of the School Parcel to the City, GSP
proposes the following additional processes as conditions:
1) Comprehensive Plan Amendments. GSP has reviewed the City Comprehensive Plan,
specifically, the Goals, Objectives and Policies of the Future Land Use Element, and has
determined that both a Text Amendment and a simultaneous Map Amendment will be
necessary in order to afford GSP the density and intensity that it will require.The required
density, while permitted in the Medium Density category, does not permit the non-
residential uses requested,thus, it is anticipated the parties will need to develop a new Plan
FTLDOCS 8970442 6
Page 3
Category that is likely to be a variation of the Town Center category concept. Any such
new category shall not be adopted so as to require conditional use approval.
2) Zoning District Amendments. GSP has reviewed the City's Zoning Districts and, has
likewise determined that it will be necessary to amend/create a new Zoning Category
through a Text Amendment and simultaneously process a Map Amendment rezoning to
such new category. The proposed new Zoning district needs to recognize that the
Development Property entitlements are authorized by right, and are not subject to any
conditional use process that limits the period of time within which the Property can be
developed.
3) City Land Development Regulations ("LDR's"). In light of the fact that future
development of the Development Property will require both Land Use Plan and Zoning
Code text amendments, it is anticipated that existing LDR's may require modifications,
and the City agrees that to the extent any such modifications are requested in the future,
the City will accommodate any such request so as to enable the contemplated development
of the Property.
4) Additional Documents Necessary to Implement Development. As a condition of the
conveyance of the School Parcel, the City further agrees to: i) grant or modify proposed
or existing easements across the School Parcel, as reasonably needed for utility and
drainage purposes, including, at its expense, a redesign of the stormwater system, as
deemed necessary by GSP professional consultants and City consultants, and ii)to amend
or create any other declaration or covenant deemed reasonably necessary by GSP, or its
designees.
5) Waiver of Fees, Costs and Impositions. GSP requires that the City agree to waive any and
all application fees, excluding advertising costs and public notices to the general public,
and likewise waive any other expenses directly or indirectly necessary to implement the
intention of the parties throughout this process, such as fees for third-party consultants
engaged by the City. In addition, throughout the incremental development of the
Development Property, GSP requires that the City likewise waive any and all application
fees and costs, residential impact fees for parks and transportation, and non-residential
impact fees for transportation up to fifty percent(50%)of the total allowable square footage
based upon the non-residential FAR of 2.0. Additionally, the City agrees to waive other
fees or impositions that may be routinely required of developers as a condition of the future
development on the Development Property, whether such fees or impositions are existing
or as may be adopted in the future,such as community benefit and affordable housing fees
or any other impositions. It shall be expressly understood and agreed that there may be
required fees and costs that are not imposed by the City. It is further understood that the
fee waivers, referred to above, do not include waiver of police impact fees or building
permit fees charged pursuant to Resolution 20 20-48.
6) Conveyance of School Parcel"As Is". It shall be expressly understood and agreed that the
conveyance of the School Parcel is "as is", and that no representations or warranties are
being provided by GSP,except that GSP warrants that it is the Owner of the School Parcel,
and has the authority to convey it at the time of the conveyance. Since the School Parcel
is intended to be conveyed "as is", GSP will require the City to indemnify and hold GSP
harmless from and against any and all costs, losses or claims demands and liabilities,
including reasonable attorney fees,which might arise out of or relate to any and all acts or
omissions alleged against GSP, as it relates to the School Parcel.
FTLDOCS 8970442 6
Page 4
7) Possible Future Connection to Intracoastal Waterway. GSP may, at some point in the
future, try to connect property under its ownership, to the Intracoastal Waterway, and in
order to effectuate that process,the City acknowledges at this time that it has no objection
to any such connection, and agrees to support such connection in writing in the future, if
requested by GSP. The City shall acknowledge that in the event that GSP determines in
the future that it is necessary to utilize all, or a portion of,the Waterways Dog Park parcel
("Dog Park"), GSP shall have the unilateral right to relocate the Dog Park to an alternative
parcel within the Development Property of similar size and comparable amenities. GSP
agrees that the work on the relocated Dog Park shall be completed prior to the
commencement of any work that will impact reasonable use of the existing Dog Park.
In conclusion, we appreciate your consideration of GSP's request, and look forward to the
opportunity of working with you and the City Manager, in hopes that you will agree that the proposal set
out herein,is a plan which makes sense to the City,and that you will concur that it should be considered by
the Commission at its next Workshop Meeting on January 18, 2024.
Sincerely,
SHUTTS &BOWEN LLP
Edwin J. Stacker,Esq.
FTLDOCS 8970442 6
Page 5
r�r
J
' r
il
r !
r
r
b�. ' 30.23 Acres
I
+
N, • ,� ■ i
f # -tit I ■ z
■ d
,I— OP■W s ■
e
® Exhibit A
FTLDOCS 8970442 6
Page 6
4 -
1.WITio
r ` '
l
3.0 Ac
r h
L f 1
►.'Ifa'4t.,
x l cm
I i : t � S z
toil ! It 1
® Exhibit B
FTLDOCS 8970"2 6
Page 7
y
■
CG
G
i
\ IFy
1
IN
IP"I !"
� _� � 1 .■ter
■
* 7
4 11 * R
1 i 27.23 Acres(Grass) `
1. ! it I
t ! 1+ r f 4
Exhibit C.
FTLDOCS 8970442 6
CITY OF , FLORIDA
RESOLUTION NO.
A RESOLUTION OF THE CITY OF THE CITY OF ,
FLORIDA, AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING A
DECLARATION THAT THE PROVISIONS OF SECTION 112.144(1)(d),
FLORIDA STATUTES, THAT REQUIRE MUNICIPAL ELECTED
OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS
UNCONSTITUTIONAL AND INVALID, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, since 1976, Article II, Section 8 of the Florida Constitution has
required that all elected State constitutional officers file a full and public disclosure of their
financial interests, which is done through a state-adopted form ("Form 6") that requires,
among other things, the disclosure of the specific amounts of an official's net worth,
income and asset values; and
WHEREAS, historically, municipal elected officials have been required to make a
more limited financial disclosure that is done through a different state-adopted form
("Form 1") that requires, among other things, the disclosure of information related to
sources of income, real property, intangible personal property liabilities and interests in
specified businesses, but does not include the specific amounts of an official's net worth,
income and asset values; and
WHEREAS, the Mayor and all current elected members of the City (the
"City Elected Officials") were elected by the voters of the City subject to and in reliance
upon Florida law that required the Mayor and Members to annually file Form 1 (not
Form 6) financial disclosures forms; and
WHEREAS, although the State Legislature has the power in the Florida
Constitution to require that additional public officers file a full and public disclosure of their
financial interests, it must do so consistent with other constitutional limitations; and
WHEREAS, in 1980, the voters of Florida amended the Florida Constitution by
adopting Article 1, Section 23, the "Right to Privacy," which states that "[e]very natural
person has the right to be let alone and free from governmental intrusion into the person's
private life except as otherwise provided herein"; and
WHEREAS, because the right of privacy is a fundamental right within Florida's
constitution, the Florida Supreme Court has consistently required that any law intruding
on the right is presumptively unconstitutional and must be justified by a "compelling state
interest" which the law serves or protects through the "least restrictive means;" and
WHEREAS, the First Amendment to the United States Constitution, and Article 1,
Section 4 of the Florida Constitution, protects the freedom of speech, which includes the
right to choose what to say and what not to say, any impairment of which must be justified
by a "compelling state interest" which the law serves or protects through the "least
restrictive means;" and
WHEREAS, during the 2023 legislative session, Senate Bill 774 was passed and
codified at Law of Florida 2023-09, amending Fla. Stat. § 112.3144, to change the
financial disclosure requirements and now require that all elected municipal mayors and
elected members of the governing board file a Form 6 financial disclosure, which is
substantially more burdensome and personally intrusive than the Form 1; and
WHEREAS, the imposition of the Form 6 disclosure requirements at the municipal
level (a) represents an unwarranted intrusion into the privacy rights of municipal elected
officials, most of which receive little or no compensation for their service, (b)
unnecessarily risks the safety of such officials (making them targets of, among other
things, burglary, identity theft and extortion), and (c) will deter many otherwise qualified
and interested citizens from running for office; and
WHEREAS, in fact, many municipal officials resigned from office prior to
December 31, 2023, as a result of the new disclosure requirements, disrupting the ability
of some local governments to operate for lack of a quorum; and
WHEREAS, the imposition of the intrusive Form 6 disclosure requirements at the
municipal level is not the least restrictive means of serving the governmental interests of
preventing abuse of the public trust, as demonstrated by, among other things, the lack of
such requirements at the municipal level in other states and at the federal level (even the
President of the United States and members of the U.S. Congress are not required to
make such extensive disclosures); and
WHEREAS, requiring that unpaid (or low paid) municipal elected officials disclose
their precise net worth, income and assets does not serve (let alone constitute the least
restrictive means of serving) any compelling interest — Form 1 disclosures constitutes
sufficient transparency to inform the public of potential conflicts; and
WHEREAS, the imposition of new financial disclosure requirements upon
municipal elected officials who were elected without such requirements violates due
process, is fundamentally unfair and violates fundamental constitutional rights; and
WHEREAS, the City desires to participate in a lawsuit seeking a declaration that
the provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected
officials to file Form 6 financial disclosure forms are unconstitutional and invalid and
should be enjoined (the "Lawsuit"); and
WHEREAS, the City believes it is in the best interest of the citizens and
residents of the City to participate in the Lawsuit and urges other municipalities and their
elected officials to also participate as plaintiffs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
, FLORIDA AS FOLLOWS:
Section I That the foregoing "WHEREAS" clauses are ratified and confirmed
as being true and correct and are made a specific part of this Resolution.
Section 2: The City hereby authorizes the participation of the City, and
any of individual Members of the who choose to participate as plaintiffs, in a
lawsuit seeking declaratory, injunctive and other appropriate relief challenging the
provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected
officials to file Form 6 financial disclosure forms, based upon any appropriate legal
theories, including those set forth above, subject to the participation of at least ten
municipalities.
Section 3 : Weiss Serota Helfman Cole + Bierman, PL (the "Firm") is hereby
retained to represent the City in this litigation. The Firm will charge the City a flat fee,
inclusive of attorneys' fees and costs, of$10,000 to represent the City and the individual
elected officials who choose to participate as plaintiffs, for the litigation in the trial court.
The City and elected officials recognize that such flat fee may be less than the actual
attorneys' fees and costs incurred, and that if the City and elected officials prevail in the
Lawsuit, the Firm may apply with the Court for its actual reasonable attorneys' and costs
from the defendants. The filing of any appeals will be authorized by separate resolution
under the terms thereof. The City and its elected officials also acknowledges that the
Firm will be representing other local governments and officials in this lawsuit and waives
any conflicts related to such representation. [ONLY FOR CITIES WHERE WSH DOES
NOT SERVE AS CITY ATTORNEY: The City further acknowledges that, from time to
time, the Firm may be called upon by client to represent them as to requests for various
approvals and as to other matters with respect to or involving the City. The City hereby
waives any potential conflict of interest in the Firm's representation of those clients arising
from its representation of the City in the Lawsuit.]
Section 4: The City invites and urges other local governments and
elected officials to join the City as plaintiffs in the Lawsuit and to coordinate their efforts
with the City.
Section 5: The City Clerk is directed to distribute this Resolution to all local
governments in County.
Section 6: That the appropriate City Officials are hereby authorized to do all
things necessary and expedient to carry out the aims of this Resolution.
Section 7: That this Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2024.
Mayor
ATTEST:
City Clerk
Approved as to form:
City Attorney