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Home My Public Portal About16-9266 Defend Lawsuit w/GFM Operatins Inc dba Opa-locka Hialeah Flea Market Sponsored by: City Attorney RESOLUTION NO. 16-9266 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO DEFEND THE LAWSUIT BROUGHT IN GFM OPERATIONS, INC. D/B/A OPA- LOCKA FLEA MARKET VS. CITY OF OPA-LOCKA, CASE #: 16-26601 CA (27) (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City is has been sued in GFM Operations, Inc., d/b/a Opa- locka Flea Market vs. City of Opa-locka, Case#: 2016-26601 CA (27); and WHEREAS, It is in the best interest of the City to defend this lawsuit; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. Pursuant to the agreement the City has with The Brown Law Group, LLC, The Brown Law Group, LLC, is hereby authorized to defend the lawsuit: GFM Operations, Inc., d/b/a; Opa-locka Flea Market vs. City of Opa- locka, Case#: 2016-26601 CA (27). Section 3. This Resolution shall take effect immediately upon adoption, and is subject to the approval of the State of Florida Financial Oversight Board for the City of Opa-locka. PASSED AND ADOPTED this Stn day of November, 2016. ALA yra L. aylor Mayor Resolution No. 16-9266 Attest to: Approved as to form and legal sufficiency: () Jo.; na Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER RILEY Commissioner Vote: 3-1 Commissioner Kelley: OUT OF ROOM Commissioner Riley: YES Commissioner Santiago: YES Vice Mayor Holmes: NO Mayor Taylor: YES Filing tr 47976272 E-Filed 10/24/2016 10.24:37 AM if IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUlf IN AND EOFF MIAMI-DADS COUNTY, FLORIDA. , Ft IN THE COUNTY COURT IN AND FOR MIAMI-DARE COUNTY.FLORIDA. DiyISION r CASE NUMBER SUMMONS 20 DAY CORPORATE SERVICE &? CIVIL OTHER 1 (a) GENERAL.FORMS 16-26601 GA (27) I DISTRICTS Y _ PLAINTIFF(S) VS. DEFENDANT(S) rSERVIC,, , GEM OPERATIONS, INC:.,d/bia CITY OF OPA-LOCKA,-a municipal OPA-LOCKA FLEA MARKET corporation authorized to do business in the State of Florida I r c':1 .7 THE STATE OF FLORIDA: I r-r'. 7 t ;C.) To Each Shenff of the Stale. < ' YOU ARE COMMANDED to server this surnmorr zinc copy of the complaint or petition in IM action on " 'CITY OF OPA-LOCKA r` c/o JOANNA FLORES,City Cleric 780 Fisherman Street,4th Floor Ocia-locks,Florida 33054 Each defendant a required to serve written defense to the complaint or petition on Plaintiffs Attorney David P.Reiner, It. Esc) -_ i elote address is 9100 So Gadeland Blvd., Suite 901 kllir�r:,i, Florida 33156 ` within 20 days 'Except when spit Ie brought pursuant to s• 768.28,Florida Statutes. if the Stale Qf Florida.one of its ausnsfeaj r o e of Its offic -Is or : .1, >• •ued in his or her ofrc':I - cit is a defendant t h t i t• rec.•nd . r: , : • d When suit is brought pursuant 10•: 768.28,Ronde Siittutes,thy tune to respond shall be 30 d1tYs."after service of this summons on that defendant. exclusive o`the day of service, and to file the original of the defenses with the Clerk of this Clerk Court either before service on Plaintiffs attorney or immediately thereafter. If a defendant fails to do so, a default ivi€l be entered against that defendant for the relief demanded in the complaint or petition. ` �_ ,_^r ,-.,.r w _...............---.....-.._-._,._.-...- -...-...... _......_._.._.-_.1. .......___..._-DATE HARVEY RUVIN CLERK of COURTS s - 310009 1xy Gtii;:s 1111/20/6 k ,.Ss; -- __ -- DEPUTY CLERK w j__7b5�_ jA4ERtCA4S WITH D15AB1L11lE S !C ADA NOTICE "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Eleventh Judicial Circuit Court's AIM Coordinator, Lawson E. Thomas Courthouse Center, 175 NW I" Ave., Suite 2702, Miami, FL 33128, Telephone (305) 349-7175; T'DD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711." CLK;Ci 314 Rev.O?r16 Clerk's web address..w.wrr?ia?t:i-d:fecterY..corn Filing# 47974257 E-Filed 10/24/2016 10:00:37 AM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION GFM OPERATIONS, INC., dib/a CASE NO.: 16-26601 CA (27) OPA-LOCKA FLEA MARKET, Plaintiff, r.'•� vs. `r, CITY OF OPA-LOCKA,a municipal -'} ;, corporation authorized to do business in the -r7 State of Florida, (-' X•r� Defendant. c COMPLAINT (CORRECTED COMPLAINT) The Plaintiff, GFM OPERATIONS, INC. d/b/a/ OPA-LOCKA FLEA MARKET, by and through undersigned counsel, files this Complaint for Breach of Contract, Specific Performance, Injunctive and Declaratory Relief and Damages, and states: 1. This is an action for damages in excess of$15,000, exclusive of attorney fees and costs, and injunctive and declaratory relief against the CITY OF OPA-LOCKA, FLORIDA. 2. Pursuant to Chapter 21 of the City of Opa-locka Code, the FLEA MARKET is required to purchase water from the CITY OF OPA-LOCKA. 3. The CITY is required to provide water service at reasonable rates and in a manner that is not arbitrary, irrational, or capricious. REINER&REINER,P.A. ONE DATRAN CENTER•9100 SOUTH DADELAND BLVD•SUITE 901 • MIAMI • FLORIDA•33156•TEL:305 670-8282•FAX:305 670-8989 4. The FLEA MARKET has paid its water bill to the CITY OF OPA-LOCKA for over thirty (30) years. 5. Pursuant to Section 20-23 of the City of Opa-Locka Code, the CITY OF OPA- LOCKA is required to provide water to the FLEA MARKET utilizing the CITY's equipment. 6. All contracts for water service renew automatically 7. Prior to any turn-off of the water service, the CITY is required to provide reasonable notice and an opportunity to be heard. 8. Plaintiff GFM has operated the OPA-LOCKA FLEA MARKET for more than three (3) decades. It is one of the largest employers in the CITY OF OPA-LOCKA, and currently has dozens of vendors operating there on a daily basis. 9. Specifically, Plaintiff OPA-LOCKA FLEA MARKET has complained that there are hundreds of individuals and businesses that are consumers of the City's water services but who are not paying their water bills at all, and no payment enforcement action has been taken. 10. There are hundreds of other individual consumers of the CITY's water service that receive that water service for free and are not even connected to the billing system used by the City. In other words, water service has been hooked up and these individuals are receiving water from the City, but their properties have not even been entered into the City's billing system, so that any collections for service can be made. The entire water system in the City of Opa-locka has been rife with corruption, mismanagement, and selective arbitrary enforcement for decades. 1 l. Plaintiff OPA-LOCKA FLEA MARKET had a dispute with the City over the excessive nature of its water bills and arbitrary manner in which the system was operated. REINER&REINER,P.A. ONE DATRAN CENTER•9100 SOUTH DADELAND BLVD•SUITE 901 •MIAMI•FLORIDA•33156•TEL 305670-8282•FAX:305 670-8989 12. The City has overbilled Plaintiff because of its failure to maintain an accurate water billing system and because of the corruption within City government. COUNT I BREACH OF CONTRACT 13. Plaintiff incorporates paragraphs l through 12 above. 14. The CITY OF OPA-LOCKA has the legal obligation to provide water service to the OPA-LOCKA FLEA MARKET. The legal obligation creates a contract by law. 15. The FLEA MARKET has never breached the terms of the agreement and is entitled to receive water services from the CITY. 16. The CITY OF OPA-LOCKA has been required to bill the Plaintiff under a fair, reasonable and accurate water billing system. It has failed to do so. 17. The City has breached its obligation to provide water to Plaintiff, and Plaintiff has been damaged. WHEREFORE, Plaintiff demands compensatory damages, specific performance, attorney fees and costs pursuant to law and all other relief the Court deems just and proper. COUNT H REQUEST FOR DELCARATORY RELIEF 18. Plaintiff incorporates paragraphs 1 through 12 and 14 through 17 above. 19. This is an action for declaratory relief pursuant to Section 86.011, Florida Statutes. 20. There is an actual, real, and bona fide controversy as to the rights of Plaintiff and the Defendant under Florida Law. 3 REINER&REINER,P.A. ONE DATRAN CENTER•9100 SOUTH DADELAND BLVD•SUITE 901 •MIAMI•FLORIDA•33156• TEL:305670-8282•FAX:305 b70-8989 21. Plaintiff and Defendant have an actual, present, adverse, and antagonistic interest in the subject matter at issue in fact and law. 22. Florida Statues, Section 180.13, provides in pertinent pail: (1) The city council, or other legislative body of the municipality, by whatever name known, may create a separate board or may designate certain officers of said municipality to have the supervision and control of the operation of the works constructed under the authority of this chapter, which said board or designated officers may make all necessary rules or regulations governing the use, control and operation of said works. subject, however, to the approval of the city council, or other legislative body, by whatever name known. (2) The city council, or other legislative body of the municipality, by whatever name known, may establish just and equitable rates or charges to be paid to the municipality for the use of the utility by each person, firm or corporation whose premises are served thereby... (Emphasis added) 23. Plaintiff believes the City of Opa Locka's policies and procedures violated F.S 180.13 in the following manner: a. The City's water collection system was and is practicing in a manner that was and is arbitrary, violates equal protection and due process. b. The City's water collection system is based on unreliable data that results in water billing that is not accurate. WHEREFORE, Plaintiff requests that this Court find that the City's Water Billing system violates F.S. 180 for the reasons outlined herein and award all other relief the Court deems just and proper. COUNT III THEFT AND CONVERSION 24, Plaintiff incorporates paragraphs 1 through 12, 14 through 17 and 22 through 23 above. 4 REINER&REINER,P.A. ONE DATRAN CENTER•9100 SOUTH DADELAND BLVD•SUITE 903 • MIAMI•FLORIDA•33156•TEL:305 670-8282•FAX:303 670.8989 Respectfully submitted REINER & REINER, P.A. Co-Counsellor Plaintiff 9100 South Dadeland Boulevard, Suite 901 Miami,Florida 33156-7815 Tel: (305) 670-8282, Fax: (305)670-8989 Primary E-mail: fin_(a%ren1ershiwcmn Secondary E-mail: ,vicc r eincrslaw.coin MICHAEL A. PIZZI,JR., P.A. MICHAEL A. PIZZI, JR.. FBN: 079545 Co-Counsel.for Plaintiff 6225 Miami Lakes Drive, Suite 313 Miami Lakes,FL 33014 Tel: (305) 777-3800. Fax:(305) 777-3802 E-Mail: nmizzi;.eiTiz/ilaw.com Is/DAVID P. REINER, II By: DAVID P.REINER,I1. FBN: 416400 li' ?U(f'29819 29519-Corrected Flea Market(:ontplaint.docx 6 REINER Sr REINER,P.A. ONE DATRAN CENTER•9)00 SOUTH DADELAND BLVD•SUITE 901 •MIAMI•FLORIDA•33156•TEL 305670-8282•FAX:305 670-8989