HomeMy WebLinkAboutR-02-0970J-02-702
9/11/02
RESOLUTION NO. 02— 970
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO ENABLE
THE PAYMENT OF CLASS ACTION CLAIMS IN AN
AMOUNT NOT TO EXCEED $667,550 TO POTENTIAL
CLAIMANTS, INCLUSIVE OF ATTORNEYS FEES, IN
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI RELATED TO THE
IMPOSITION OF A PARKING SURCHARGE ON TOWED
VEHICLES, FOR THE CASE OF ROBERT M. JASINSKI
AND SUSAN M. MISAVAGE VS. CITY OF MIAMI, IN
THE DISTRICT COURT OF THE SOUTHERN DISTRICT
OF FLORIDA, CASE NO. 02-21572-CIV-SEITZ, UPON
EXECUTING A RELEASE FOR THE CITY OF MIAMI,
ITS PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES FROM THE CERTAIN STATED CLAIMS AND
DEMANDS; ALLOCATING FUNDS FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT
CODE NO. 001000.026147.4.699.
WHEREAS, Robert M. Jasinski and Susan M. Misavage filed a
claim and lawsuit on behalf of themselves and other similarly
situated members of their class against the City of Miami, in the
U.S. District Court of the Southern District of Florida, Case
No. 02-21572-CIV-SEITZ, Miami, Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of the City Attorney's Office and the
Division of Risk Management pursuant to Section 18-232 of the
Code of the City of Miami, Florida, as amended, which created the
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Rei;alution No.
02— 970
City of Miami's Self -Insurance and Insurance Trust Fund and
recommend that the claim and lawsuit be settled for an amount not
to exceed $667,550 for potential claimants, inclusive of
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
enable the payment of class action claims in an amount not to
exceed $667,550 to potential claimants, inclusive of attorneys
fees, in settlement of any and all claims and demands against the
City of Miami related to the imposition of a parking surcharge on
towed vehicles, for the case of Robert M. Jasinski and Susan M.
Misavage vs. City of Miami, in the District Court of the Southern
District of Florida, Case No. 02-21572-CIV-SEITZ, upon the
execution of a release releasing the City of Miami, its present
and former officers, agents and employees from the certain stated
claims and demands, with funds allocated from the Self -Insurance
and Insurance Trust Fund, Account Code No. 001000.026147.4.699.
Page 2 of 3 02- 970
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorll.
PASSED AND ADOPTED this 11th day of September , 2002.
MANUEL A. DIAZ,
ATTEST:
09 PRI04CILLA A. THOMPSON
CITY CLERK
:APPROVED O FO AND CORRECTNESS �L*,"'
JAND VILARELLO
CITY TORNEY
58:tr:MJC:BSS
�i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 3 of 3
02-- 970
CITY OF NIIANII
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City commission
FROM: Alejandro Vilarello, City Attorney
DATE: September 4, 2002
RE: City Commission Meeting — September 11, 2002
Settlement Proposal: Parking Surcharge Towing Case
City of Miami adv. Robert M. Jasinski
U.S. District Court No. 02 -21572 -CIV -Seitz (J-02-702)
CA -26
The attached resolution will authorize settlement of a class action lawsuit, originally filed
in Miami -Dade Circuit Court, which sought a declaratory judgment that the City's parking
surcharge ordinance does not apply to motor vehicles impounded and stored at towing company
storage facilities in the City. The basis for plaintiffs' claims is that owners and operators of
impounded vehicles do not fall within the definition of "Patron" as set forth in the City's parking
surcharge regulations and that towing company storage yards are not "open for use to the general
public" as defined by the Ordinance and the parking surcharge statute. The action also sought an
injunction against the City, ordering it to cease collecting the parking surcharge at tow lots.
Before a negotiated settlement was finalized, the Plaintiff voluntarily dismissed the case in state
court and refiled it in federal court, adding claims related to the administrative fee of $25.00 that
the city collects pursuant to its tow agreements. This resolution settles the surcharge portion of
the lawsuit.
The settlement would agree to certify the class of payors as those who paid the surcharge
on cars that were towed. The maximum amount the City of Miami would be required to have
available for this settlement would be $667,550. The settlement will only require the City to
refund the Surcharge to those who actually file a claim after receiving a notice. Further, the
settlement would require the City to stop collecting the Surcharge for storage on towed vehicles.
The City of Miami would agree to an attorney fee not to exceed 30% of the recovery, to be
determined by the court and to be paid from this amount. •,
The City Attorney's Office, the Risk Management Division, and outside counsel have
investigated and evaluated this case and have approved the recommendation of this settlement.
Funds not to exceed $667,550, are available for this settlement from the Self -Insurance
and Insurance Trust Fund, Index Code No. 515001.624401.6.661.
W756:MJC:bss
cc: Carlos A. Gimenez, City Manager
Elvi G. Alonso, Agenda Coordinator
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