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HomeMy WebLinkAboutR-20-0054City of Miami q Legislation Resolution: R-20-0054 File Number: 7098 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/24/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FRANCOIS SEVERE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRITZ SEVERE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND ANTONIO VICENTE TORRES, IV, IN THE CASE OF FRANCOIS SEVERE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRITZ SEVERE VS. CITY OF MIAMI AND ANTONIO VICENTE TORRES, IV, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 17 -CV -22153 -DPG, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, Francois Severe, as Personal Representative of the Estate of Fritz Severe, has asserted civil rights and wrongful death claims against the City of Miami ("City") and Antonio Vicente Torres, IV, arising out of the fatal shooting of Fritz Severe which occurred June 11, 2015 in the area of 350 Northwest 13th Street, Miami, Florida; and WHEREAS, the City Attorney's Office has investigated the claims and pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, recommends that said claims be settled for the lump sum of three hundred thousand dollars ($300,000.00), including any claim for attorneys' fees; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is authorized' to pay Francois Severe, as Personal Representative of the Estate of Fritz Severe, without admission of liability, the total sum of three hundred thousand dollars ($300,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, against the City of Miami and Antonio Vicente Torres, IV, arising out of the fatal shooting of Fritz Severe which occurred June 11, 2015 upon the execution of general release of all claims and demands against the City and Antonio Vicente Torres, IV. ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 7098 (Revision:) Printed On: 2/28/2020 File ID: 7098 Enactment Number: R-20-0054 Section 3. Funds are allocated from Account No. 50001.301001.545010.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: I t—p4f=��� �/� ria ' ndez, ity ttor ey 214/2020 City of Miami Page 2 of 2 File ID: 7098 (Revision:) Printed on: 2/28/2020