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
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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
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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 "°'
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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
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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
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