Legislative Matter

Miami-Dade Legislative Item
File Number: 090745

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Clerk's Official Copy

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		Assigned	Thomas H. Robertson

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

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.