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HomeMy Public PortalAbout18-9469 Brown Law Group to Represent in the Warehouse Association Inc Sponsored by: City Attorney RESOLUTION NO. 18-9469 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO REPRESENT THE CITY OF OPA-LOCKA IN OPA-LOCKA WAREHOUSE ASSOCIATION, INC VS CITY OF OPA-LOCKA FLORIDA, CASE NUMBER 2018-002828-CA-Ol; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 31, 2018, the Plaintiff filed an Emergency Motion for Injunction and an accompanying Complaint against the City of Opa-Locka ("City"); and WHEREAS, the City Commission finds that it is in the best interest of the City to authorize The Brown Law Group, LLC to provide representation to the City in Opa-Locka Warehouse Association, Inc. vs City of Opa-Locka Florida, Case Number 2018-002828-CA- 01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2.AUTHORIZATION Pursuant to the agreement the City has with The Brown Law Group, LLC, the City Commission authorizes The Brown Law Group, LLC to represent the City in Opa- Locka Warehouse Association, Inc. vs City of Opa-Locka Florida, Case Number 2018-002828-CA-O l l attached hereto as Exhibit A. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Resolution No. 18-9469 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 28th day of February, 2018. *bra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Joan a Flores BROWN LAW GROUP, LLC Cit Clerk City Attorney Moved by: COMMISSIONER RILEY Seconded by: VICE MAYOR KELLEY Commissioner Vote: 5-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES Filing # 67315612 E-Filed 01/31/2018 01:49:31 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIANH-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: OPA LOCKA WAREHOUSE CONDOMINIUM ASSOCIATION Plaintiffs, vs. CITY OF OPA-LOCKA,FLORIDA, a municipal Corporation Authorized to do business in the State of Florida, Defendant. VERIFIED COMPLAINT (EMERGENCY INJUNCTIVE RELIEF REQUESTED) I. INTRODUCTION Opa Locka Warehouse Condominium Association is required to provide water, among other things, to twenty-two (22) separate businesses in the City of Opa Locka that employs dozens of Opa Loca residents that cannot operate without water. The City of Opa Locka has a water payment system that has been well documented for years to have been rife with corruption and incompetence, including the fact that the waters meters do not work, the billing is not accurate and staff members are currently in federal prison for extorting bribe payments to keep the water on. For this reason, ()pa Locka has had a policy of not turning off the water on customers because of the lack of veracity in the water billing system, which needs to be fixed with working meters. Despite the fact that Plaintiff has paid a monthly water bill every month, the City has arbitrarily turned off the water on these 22 business, who are now shut down, creating a present crises. The Plaintiff, files this Complaint for Breach of Contact, Specific Performance, Injunctive Relief and damages and states: 1. This is an action for breach of contract, damages in excess of$15,000, exclusive of attorney fees and costs and emergency injunctive relief to require the Defendant CITY OF OPA-LOCKA, FLORIDA to immediately restore water service and for damages. 2. Pursuant to Chapter 21 of the City of Opa-locka Code, the Plaintiffs are 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; 4. Studies by the City, County and private vendors have demonstrated that the City's water meters do not and have not worked for many years; 5. Plaintiff Opa Locka Warehouse Condominium Association is required to provide water to 22 separate businesses at 14615 to 14695 NW 27 Avenue in Opa Locka and pays the City for the water. 6. Pursuant to Section 20-23 of the City of Opa-Locka Code, the CITY OF OPA- LOCKA is required to provide water to the Plaintiffs utilizing the CITY's equipment; 7. All contracts for water service renew automatically; 8. Prior to any turn-off of the water service, the CITY is required to provide reasonable notice and an opportunity to be heard; 9. Plaintiffs have all complained about the water bill for many years; 2 10. In a report from Merrett R. Stierheim, Special Assistant to the Chair of Oversight Board, to Melinda Miguel, Oversight Board Chairperson. and City of ()pa Locka Mayor and Commission the following highlights were stated: a. Of 5800 water and sewer accounts, 2000 are manually read. In a recent review it indicated that approximately 50% of the water and sewer usage was estimated; b. Of the 5800, 600 or roughly 10% of account are currently unknown and are being researched; c. There are no follow ups on invoices that have been returned: d. The current employees handle both positions supervising billing and collection which the two should be separated which indicates inadequate staffing. II. The Avanti/USMI Itron MV-RS AMR System Survey by Eric Corey, Dave Ratter, and Jason Wilczek was submitted to Miami-Dade County and Opa-Locka AMR Team and it highlighted the following the faults of the City of Opa-Locka Meter system: a. The industry read rate standard for a healthy AMR System has a minimum of 98.5%. The City of Opa !mica has a read rate of approximately 57%. Not only is only a little more than half of meters are being read, the accuracy rate is way below half and is only 37%. b. City of Opa locka System consist of 5,853 meters i. 5,637 meters were visited during the survey 3 ii. or the 5,637 meters, 683 meters could not located due to unforeseen circumstances like overgrown landscape, inaccessible landscape, dog, locked gate, etc. iii. Of the 5,637 meters, 1,905 meters, which is approximate 33%, have a read rate up to the industry standard. iv. Of the 5.637 meter, 3,049 meters, approximately 52%, needed to be repaired, replaced, etc. 12. After paying $400.00 per month for several years at the request of the City, on January 22nd the City issued the Plaintiff a bill for $85,000, arbitrarily and with no due process. Without providing any documentation the City informed the Plaintiff that the water would be turned off in "one hour" unless and initial payment of over $28,000.00 was made. 13. After paying $15,000 under protest, the City unilaterally turned off the water on January 30th at 4:00 pm, effectively shutting down 22 businesses without due process, without providing a working water meter or charging reasonable water rates. This has prevented Plaintiff from fulfilling its obligations to the tenants and unit owners. COUNT I BREACH OF CONTRACT 14. Plaintiff incorporates items 1 through 13 above; 15. The CITY OF OPA-LOCKA has the legal obligation to provide water service to the Plaintiffs; 4 16. The Plaintiff has never breached the terms of the agreement and are entitled to receive water services from the CITY: 17. The CITY OF OPA-LOCKA has violated of the City's own Code, as well as the Florida Statutes and the Constitution of the State of Florida by overcharging for water services in a system that is arbitrary, unreasonable and abusive 18. The City has breached its obligation to provide water plaintiff under the terms of the water utility; WI-LEREFORE plaintiff demands specific enforcement, compensatory and punitive damages, attorney fees and costs and any other available relief: COUNT H REQUEST FOR INJUNCTION 19. Plaintiff incorporates items 1 through 18 above: 20. There is a distinct likelihood of irreparable harm to the Plaintiff without an adequate remedy at law; 21. The balance of harm favors the movement; 22. There is a likelihood of success on the merits; 23. The public interest favors the granting of an Injunction. WHEREFORE, for the reasons stated above. Plaintiffs demand entry of a preliminary injunction requiring immediate restoration and all applicable relief. 5 DEMAND FOR JURY TRIAL Plaintiff respectfully demands trial by jury for all issues as triable as a matter of law. VERIFICATION Kenneth Howshan, Property Manager Opa Locka Condominium Association STATE OF FLORIDA COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this 31st th day of January 2018, by Kenneth Howshan as Chairman and Authorized Representative of the Plaintiff, Opa Locka Condominium Association who is personally known to me, and who did take an oath and states that he has read and understands the Verified Complaint, and he has acknowledged before me that he has personal knowledge of the facts contained therein and that the Verified Amended Complaint is true and correct in all respects. NOT Y PUBLIC • My Commission Expires: Ha Till MARIVEL BAEZ (:0IANISSION g FF 02610 c.XPAES:March 28,2018 Bongo 14,4 SudgilNdafy Sere 6 Respectfully Submitted , MICHAEL A.PIZZI,JR., P.A. MICHAEL A. PIZZI,JR. Fla Bar No. 07945 6225 Miami Lakes Drive, Suite 313 Miami Lakes, FL 33014 Tel:(305) 777-3800; Fax:(305) 777-3802 E-Mail: mpizzapizzilaw.com 7 Filing # 67336853 E-Filed 01/31/2018 04:24:40 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR MIAM- DADE COUNTY, FLORIDA CIVIL DIVISION Case No. 18-2828 CA (15) OPALOCKA WAREHOUSE CONDOMINIUM ASSOCIATION,INC Plaintiff, vs. CITY OF OPA-LOCKA,FLORIDA, a municipal Corporation Authorized to do business in the State of Florida, Defendant. EMERGENCY MOTION FOR INJUNCTION The Plaintiff, OPALOCKA WAREHOUSE CONDOMINIUM ASSOCIATION, INC., through undersigned Counsel, files this EMERGENCY MOTION FOR TRO and in support thereof would show: INTRODUCTION Attached is Plaintiffs Verified Complaint which demonstrates that there are currently twenty two (22) businesses in the City of Opa Locka that have been arbitrarily shut down with no due process when City of Opa Locka staff abused their authority by turning off the water. The City of Opa Locka has a well known history of corrupt billing practices that has resulted in the Federal Criminal convictions of two City officials last year and a well documented scandal concerning inaccurate water billing and a lack of operational water meters. 1 This Emergency Motion requests that this Court Order that the water be turned back on to prevent 22 businesses, who have done nothing wrong, from losing over $20,000 per day and face the risk of going out of business. 1. Plaintiff is suing the City of Opa Locka for arbitrarily imposing water charges in violation of Florida Law; 2. This Court can take Judicial Notice of the Indictment's and Guilty pleas filed in U.S. District Court for the Southern District of Florida of Opa Locka officials convicted of, among other things, accepting bribes in connection with City water services. 3. As reflected in the Verified Complaint, the City of Opa Locka has operated its water utility under a system rife with corruption, a lack of equal protection and due process; 4. Per the City's instructions, Plaintiff has been paying $400 per week since March, 2014; 5. During this period of time the City has accepted all payments. 6. Last week the City shocked Plaintiff by sending a $85,000 bill and then threatening to turn off the water unless it was paid within an hour. 7. Yesterday at 4:00 pm the City turned off the water on 22 long times business that are serviced by the Plaintiffs Association. 8. Plaintiff received no due process and the City's action are outrageous and unreasonable. 9. If the water is not turned back on these mom and pop businesses will go out of business before this matter can be litigated. REQUEST FOR TEMPORARY RETRAINING ORDER 10. Plaintiff incorporates items 1 through 9 above; 11. There is a distinct likelihood of irreparable harm to the Plaintiff without an adequate remedy at law. The shut down of the Plaintiff's water has resulted in the immediate shut down of the Opa Locka Warehouse Condominium Association Inc and dozens of business; 12. The balance of harm favors the movement; 2 13. There is a likelihood of success on the merits as the attached Verified Complaint demonstrates that the arbitrary imposition of an $85,000 bill on a property without any working water meetings and no documentation violates the City's Agreement to provide water under reasonable conditions been made without objection. 14. The public interest favors the granting of an Injunction. If the injunction is not entered, Opa Locka businesses will go out of business and people will lose their jobs. WHEREFORE, for the reasons stated above, Plaintiff, Opalocka Warehouse Condominium, requests entry of an injunction requiring the City to turn the water back on to preserve the status quo as this matter is litigated. MICHAEL A. PIZZI, Jr., Esq. Florida Bar No. 079545 6225 Miami Lakes Drive— Suite 313 Miami Lakes, FL 33014 Phone: 305 777 3800 E-Mail: mpizzi @pizzilaw.com By: ____/if M i cha elA. MICHAEL A. PIZZI, Jr., Esq. 3 2122/2018 OCS Search ome (http://www.miami-dadeclerk.com/home.asp) nline Services(http://www.miami-dadeclerk.com/online_services.asp) bout Us(http://www.miami-dadeclerk.com/aboutasp) ontact Us(http://www.miami-dadeclerk.com/contactasp) y Account(https://www2.miami-dadeclerk.com/PremierServices/login.aspx) HARVEY RUVIN CLERK of the COURTS T e *- MIAMI-DADE COUNTY,FLORIDA ;1 4 - Miami-Dade County Civil, Family and Probate Courts Online System ti 44 Back to Results OPA LOCKA WAREHOUSE CONDOMINIUM ASSOCIATION, INC. VS CITY OF OPA- LOCKA, FLORIDA Local Case Number: 2018-002828-CA-01 Filing Date: 01/31/2018 State Case Number: 132018CA002828000001 Case Type: Injunctive Relief(Greater than $15,000) Consolidated Case No.: N/A Judicial Section: CA43 Case Status: OPEN Parties Number of Parties:2 + rd—t4 Hearing Details Number of Hearing: I + 11 Dockets Dockets Retrieved: 23 "°' https://www2.miamt-dadeclerk com/ocs/Search.espx 1/4 2122/2018 OCS Search NIExpOrt to■ Docket Event Number Date Book/Page Entry Type Comments Lso 20 02/20/2018 Case Event Manager Email [ ] 18 02/20/2018 Order of Event (GRANTED)ON MTN TO Transfer TRANSFER*FROM CA SEC (jud Sect (15)TO CA SEC (43)CBL Chg) Section: 02/20/2018 Transfer Hearing CA 15 TO CBL 43 Calendar [01 22 02/15/2018 Response: Event TO MOTION FOR CIVIL CONTEMPT [ j 21 02/14/2018 Motion for Event Contempt 19 02/13/2018 Notice of Event INJUNCTION BOND Filing: r I 16 02/13/2018 Order: Event ON DEFTS MTN TO DISSOLVE INJUNCTION AND PLTS MTN TO REDUCE BOND AMOUNT ETC I 13 02/13/2018 Exhibit List Event ALL EXHIBITS ARE SCANNED AND RETAINED BY THE CLERK OF COURTS Parties:Opa Locke Warehouse Condominium Association Inc.; City of Opa-locka Florida 17 02/09/2018 Notice of Event 02/20/2018 Hearing- [ J 15 02/08/2018 Response: Event TO MOTION TO DISSOLVE INJUCTION 11 14 02/08/2018 Response: Event TO DISSOLVE INJUNCTION 12 02/06/2018 Notice of Event 02/09/2018 Hearing- https://wwvv2.miami-dadeclerk.com/ocs/Search.aspx 2/4 2/22/2018 OCS Search Docket Event Number Date Book/Page Entry Type Comments LJ 11 02/06/2018 Notice of Event 02/09/2018 Hearing- * 10 02/06/2018 Motion: Event TO REDUCE OR ELIMATE INJUNCTION BOND 11E:1 9 02/06/2018 Motion to Event Transfer J 8 02/05/2018 Motion: Event TO DISSOLVE TEMPORARY INJUCTION [jI 4 02/02/2018 Order: Event GRANTING MTN FOR TEMPORARY PRELIMINARY INJUNCTION LA] 7 02/01/2018 Notice of Event Appearance j 6 02/01/2018 Notice of Event Appearance 3 02/01/2018 Receipt: Event RECEIPT#:3540369 AMT PAID:$401.00 NAME:PIZZI, MICHAEL A.,JR. 6625 MIAMI LAKES DRIVE, SUITE 316 MIAMI LAKES FL 33014 ALLOCATION CODE QUANTITY UNIT AMOUNT 3100-CIRCUIT FILING FEE 1 $40t00$401.00 TENDER TYPE:E-FILING ACH TENDER AMT: 41 5 01/31/2018 Motion: Event FOR INJUCTION [ii 2 01/31/2018 Complaint Event ] 1 01/31/2018 Civil Cover Event --- F414 Back to Results https://www2.miami-dadedericcom/ocs/Search.aspx 314 2/22/2018 OCS Searc Please be advised: The Clerk's Office makes every effort to ensure the accuracy of the following information; however it makes no warranties or representations whatsoever regarding the completeness, accuracy, or timeliness of such information and data. 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