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HomeMy WebLinkAboutR-96-0501J-96-516 6/11/96 RESOLUTION NO. 56- 501 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO FERMIN DOMENACK THE SUM OF $40,000.00, WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF DADE COUNTY, CASE NO. 95-09412 CA (30), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM i THE CITY OF MIAMI SELF-INSURANCE AND I INSURANCE TRUST FUND, INDEX CODE { NO. 620101-653. i WHEREAS, Fermin Domenack, through his attorney, has filed a claim and lawsuit against the City of Miami in the Circuit Court of the Eleventh Judicial Circuit of Dade County, Florida, Case No. 95-09412 CA (30), for a vehicular accident between a City of Miami Solid Waste truck and a motorcycle at the intersection of Bridgeport Avenue and U.S. 1 in Coconut Grove; 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 Ordinance No. 8417, which created the City of Miami Self -Insurance and Insurance Trust Fund; and WHEREAS, said Offices recommend that the sum of $40,000.00 be paid, without any admission of liability, in full and complete CITY COMMI33 MEETING 0- JUL i I Ae®olution No settlement of any and all claims and demands against the City of Miami in the Circuit Court of the Eleventh Judicial Circuit of Dade County, Florida, Case No. 95-09412 CA (30); and WHEREAS, funds are available from the City of Miami Self - Insurance and Insurance Trust Fund for the payment of said settlement; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference I thereto and incorporated herein as if fully set forth in this i Section. j Section 2. The Director of Finance is hereby authorized to pay to Fermin Domenack, the sum of $40,000.00, without any admission of liability, in full and complete settlement of any and all claims and demands against the City of Miami in the Circuit Court of the Eleventh Judicial Circuit of Dade County, Florida, Case No. 95-09412 CA (30), upon the execution of a General Release releasing the City of Miami from any and all claims and demands, with funds therefor hereby allocated for said settlement from the City of Miami Self -Insurance and Insurance Trust Fund, Index Code No. 620101-653. Section 3. This Resolution shall become effective 1 immediately upon its adoption. pro 96- PASSED AND ADOPTED this llth ATTE T. WALTER J.l)FOEMAN CITY GLtRK SE -INSURANCE TRUST FUND REVIEW: FRANK K. ROLLASON, DEPUTY CHIEF CHIEF OF RISK MANAGEMENT PREPARED AND APPROVED BY: THERESA L. GIRTEN ASSISTANT CITY ATTORNEY W913/TLG:LB =i- day July , 1996. WIFgADO GORT, VICE -MAYOR ,, BUDGET REV�IjjEW: RKR5H_A__lT_S.' SURANA ASSISTANT CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS A." vjl ONES; III CITY ORNEY 96-- 5t