Miami-Dade Legislative Item
File Number: 090745
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File Number: 090745 File Type: Resolution Status: Adopted
Version: 0 Reference: R-551-09 Control: Board of County Commissioners
File Name: COUNTY ATTORNEY'S OFFICE TO INVESTIGATE ESCALATORS N. LOOP Introduced: 3/18/2009
Requester: NONE Cost: Final Action: 5/5/2009
Agenda Date: 5/5/2009 Agenda Item Number: 11A7
Notes: Title: RESOLUTION DIRECTING THE COUNTY ATTORNEY’S OFFICE TO INVESTIGATE THE FACTS AND OCCURRENCES SURROUNDING THE REPLACEMENT OF ESCALATORS ON THE NORTH LOOP OF THE METROMOVER AND TO DETERMINE THE VIABILITY OF ANY LEGAL ACTION TO RECOVER THE COSTS INCURRED IN THE REPLACEMENT OF THOSE ESCALATORS
Indexes: METROMOVER
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/5/2009 11A7 Adopted P

Transit, Infrastructure & Roads Committee 4/15/2009 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing proposed resolution into the record. In response to Chairwoman Jordan’s question as to whether a settlement was pending, Assistant County Attorney Thomas Robertson noted, with regard to the actual escalators, a settlement was approved by the County Commission and was almost completely executed at this point. Hearing no further comments or questions, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney 3/18/2009 Referred Transit, Infrastructure & Roads Committee 4/14/2009

County Attorney 3/18/2009 Assigned Thomas H. Robertson

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY ATTORNEY’S OFFICE TO INVESTIGATE THE FACTS AND OCCURRENCES SURROUNDING THE REPLACEMENT OF ESCALATORS ON THE NORTH LOOP OF THE METROMOVER AND TO DETERMINE THE VIABILITY OF ANY LEGAL ACTION TO RECOVER THE COSTS INCURRED IN THE REPLACEMENT OF THOSE ESCALATORS

BODY
WHEREAS, numerous escalators in the northern loop of the Metromover system were damaged and/or destroyed as a result of lack of appropriate maintenance and/or lack of installation of specified materials; and
WHEREAS, the damage to two of these escalators required the removal and replacement of those escalators; and
WHEREAS, Miami-Dade County has been forced to pay some percentage of the cost of replacing those escalators; and
WHEREAS, there may be available legal remedies that allow the County to recover and/or recoup the cost of the replacement of those escalators,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board of County Commissioners directs the County Attorney’s Office to conduct an investigation of the circumstances surrounding the repair and replacement of the damaged escalators and determine whether or not there are any available legal remedies to either offset or recover the costs incurred by the County in the replacement of the damaged escalators.



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