HomeMy WebLinkAboutR-98-1030J-98-1052
10/8/98
RESOLUTION NO. v 8 r 1 0 3 0
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY PERRY L. ANDERSON, JR.,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$330,000, AS SPECIFIED HEREIN, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI AND
ALL PARTIES, INCLUDING BUT NOT LIMITED TO
DAMAGES, ATTORNEYS' FEES, AND COSTS, FOR THE
CASE PERRY L_ ANDERSON, VTR. VS_ CITY OF
MIAMI,_ JORGE L _ FERNANDEZ_, AND A _ QUINN
,TON. III,IN THE UNITED STATES DISTRICT
COURT, COURT CASE NO. 92-0435-CIV-GRAHAM,
UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFOR FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND, INDEX CODE NO.
515001.424401.6.661.
WHEREAS, Perry L. Anderson, Jr., former Police Chief of the
City of Miami, through his attorney, filed a claim and lawsuit
against the City of Miami, in the District Court of the llth
Judicial Circuit, Case No. 92-0435-CIV-GRAHAM in Miami,
Miami -Dade County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of the City Attorney's Office and the
Department of Risk Management pursuant to Ordinance No. 8417,
which created the City of Miami's Insurance and Self -Insurance
Trust Fund and said Offices recommend that said claim and lawsuit
be settled for the sum of $330,000; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
my COMMMSM
FLEETING OF
0 C T 1 3 1993
R"Wufion rro.
0
98-10
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay Perry L. Anderson, Jr., forthwith, without the admission
of liability, the sum of $330,000 in full and complete settlement
of any and all claims and demands against the City of Miami and
all parties, including but not limited to damages, attorneys'
fees, and costs, for the case Perry L_ Anderson Jr, vs_ City of
M;am;,1Tnra _ Fernandez, and A_ Qji n Ton G, III, in the United
States District Court, Court Case No. 92-0435-CIV-GRAHAM, upon
the execution of a general release releasing the City of Miami
from any and all claims and demands, with funds therefore hereby
allocated from the Insurance and Self -Insurance Trust Fund, Index
Code No. 515001.424401.6.661.
Section 3. The Director of Finance is hereby directed to
make said payments as follows:
(1) The City of Miami will pay to Perry Anderson (via
checks payable to the Trust Account of Anderson's attorney,
Allan G. Cohen, Esq) the sum of $330,000 in settlement of
all of Anderson's claims against the City of Miami and all
parties to the lawsuit, including but not limited to
damages, attorneys' fees, and costs.
(2) The City of Miami will make two payments, the first, in
the amount of $200,000 to be paid during Fiscal Year
1998-1999, and the second, in the amount of $130,000 plus
interest, to be paid on the outstanding $130,000 and
calculated as of thirty (30) days after approval by the
Oversight Board, 1998 at the current federal interest rate
2 -
9S-1000
of 4.730% computed according to 28 U.S.C. Section 1961, to
be paid during Fiscal Year 1999-2000.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor".
PASSED AND ADOPTED this 13th day of October
ATTEST:
WALTER J. FOEMAN
CITY CLERK
CTNESS:t
W2988:CSK
, 199 .
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse often (10) days from the date of Commissicn tion
regarding same, wkhout the Mayor exercisin to.
Waft J. F a), City Clerk
l� 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.
CITY OF MIAMI 39
CITY ATTORNEY'S OFFICE
MEMORAI�PVM
TO:
_ Honorable Mayor and M
FROM:
Alejandro Vilarello, City
DATE:
October 5, 1998 /
Commission
RE: Settlement Resolution for Oafober 13, 1998 City Commission Meeting
Perry L. Anderson, Jr. vs. City Miami, et al
The attached Resolution is being placed on the City Commission Agenda for the meeting of
October 13, 1998. If approved, the matter of Perry L. Anderson, Jr. vs. the City of Miami, et al,
Case No. 97-806-CIV-GRAHAM will be settled for $330,000, an amount of $200,000 to be paid
during FY 1998-1999 and an amount of $130,000 to be paid, with interest, during FY 1999-2000.
Funds will be allocated from the City of Miami Insurance and Self -Insurance Trust Fund, Index
Code No. 620101-515001.424401.6.661.
enc.
CSK
ck:Settle-Anderson.doc
98 -1030