HomeMy WebLinkAboutR-95-0073J-95-257
1/30/95
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY WILLIAM LOZANO THE SUM OF
$975,000, PLUS INTEREST, IN FULL AND COMPLETE
SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS,
AND JUDGMENTS FOR ATTORNEYS' FEES AGAINST THE
CITY OF MIAMI PURSUANT TO THE FINAL JUDGMENT
CONFIRMING ARBITRATOR'S AWARD FOR PETITIONER
AGAINST THE CITY OF MIAMI, AS ORDERED BY
JUDGE GISELA CARDONNE OF THE ELEVENTH
JUDICIAL CIRCUIT ON JANUARY 26, 1995, CASE
NO. 95-721 (CA 08), WITH SAID FUNDS TO BE
PROVIDED FROM THE INSURANCE AND
SELF-INSURANCE TRUST FUND.
WHEREAS, WILLIAM LOZANO, through his counsel, pursuant to
Florida Statutes Section 682.12, moved for a confirmation of
arbitrator's award and decision against the City of Miami; and
WHEREAS, a hearing was held on January 26, 1995 and a Final
Judgment was entered on said date confirming arbitrator's
decision and award against the City in the amount of NINE HUNDRED
SEVENTY-FIVE THOUSAND DOLLARS ($975,000), plus interest, in favor
of WILLIAM LOZANO by Judge Gisela Cardonne, Eleventh Judicial
Circuit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMII USSION
MEETING OF.
JAN � P 1995
Resolution No,
95- '73
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Director of Finance is hereby authorized
to pay to WILLIAM LOZANO the sum of $975,000, plus interest, in
full and complete satisfaction of all claims, demands, and
judgments as set forth in arbitrator's decision and award against
the City of Miami pursuant to the Final Judgment confirming
arbitration award for attorney's fees against City of Miami, as
ordered by Judge Gisela Cardonne of the Eleventh Judicial Circuit
on January 26, 1995, Case No. 95-721 (CA 08), with said funds to
be provided from the Insurance and Self -Insurance Trust Fund.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 30th day of January-, 1995.
lL �q1L.
01. ) ST PHEN P . CLARK, MAYOR
ATTZST L
MATT-Y' HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
RAMON I]
ASSISTA)
Rl:osk:M5005
ATTORNEY
-2-
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUI N JO E III
CITY TTO
95- '73
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Vice Mayor J . L . Plummer, Jr. DATE : January 27, 1995 FILE:
SUBJECT : Lozano Arbitration
FROM : A�.(Q i n S, I I I REFERENCES
City Att ey
ENCLOSURES:
Enclosed are copies of the Order of Confirmation and Final
Judgment confirming Arbitration Award entered on
January 26, 1995. In response to your request, it is my
recommendation that the judgment be paid as promptly as possible
so as to minimize the accrual of interest.
Please contact me should you have any questions.
AQJ/rcl/P471
enclosures
cc: Honorable Mayor and
Members of the City Commission
co
i
Fri
c,
95- 73
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
FOR DADE COUNTY, FLORIDA
FRATERNAL ORDER OF POLICE, CASE NO. 95-721 CA 08
MIAMI LODGE NO. 20,
Plaintiff,
VS.
CITY OF MIAMI,
Defendant.
ORDER CONFIRMING ARBITRATION AWARD
THIS CAUSE came before the Court on the Motion of the
Plaintiff, Fraternal Order of Police, Miami Lodge No. 20, to
confirm an arbitration award entered on December 15, 1994, and the
Court having reviewed the pleadings, and it being represented to
the Court by the Defendant that it has no defense to the Motion and
being otherwise fully advised in the premises, it is thereupon
ORDERED AND ADJUDGED:
1. That the Motion to Confirm Arbitration Award be and the
same is hereby granted.
2. The arbitration award rendered December 15, 1994, be and
the same is hereby confirmed.
3. The Court reserves jurisdiction to determine if the
Plaintiff is entitled to attorneys' fees in this action pursuant to
Fla. Stat, § 57.105 and Fla. Stat., 5 448.08.
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DONE AND ORDERED in Chambers, at Miami, Dade County, Florida,
this day of 1995.
Conformed copies to:
Ramon Irizarri, Esquire
Robert D. Klausner, Esquire
u
GISELA CARDONNc
HONORABLE GI5ELA CARDONNE
CIRCUIT COURT JUDGE
95- 73
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
FOR DADE COUNTY, FLORIDA
FRATERNAL ORDER OF POLICE, CASE NO. 95-721 CA 08
MIAMI LODGE NO. 20,
Plaintiff,
VS.
CITY OF MIAMI,
Defendant.
FINAL JUDGMENT CONFIRMING ARBITRATION AWARD
THIS CAUSE came before the Court on the Motion of the
Plaintiff, Fraternal Order of Police, Miami Lodge No. 20, to
confirm an arbitration award entered on December 15, 1994, and the
Court, having entered an Order confirming the arbitration award and
being otherwise fully advised in the premises, does hereby
ORDER AND ADJUDGE:
1. Final Judgment be and the same is hereby entered in favor
of the Fraternal Order of Police, Miami Lodge 20, and against the
City of Miami in the sum Nine Hundred Seventy Five ($975,000.00)
Dollars, together with accrued interest since December 15, 1994v
0-1
2. Defendant, City of Miami, is further ordered to comply
with the administrative provisions of the arbitration award.
3. The Court reserves jurisdiction to determine if the
Plaintiff is entitled to attorneys' fees in this action pursuant to
Fla. Stat, § 57.105 and Fla. Stat., § 448.08.
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DONE AND ORDERED in Chambers, at Miami, Dade County, Florida,
this day of , 1995.
Conformed copies to:
Ramon Irizarri, Esquire
Robert D. Klausner, Esquire
GISELA CARDONNE
HONORABLE GISELA CARDONNE
CIRCUIT COURT JUDGE
95- 73
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To : The Honorable City Commissioners DATE : January 26, 1995 FILE
Step ark
FROM
SUBJECT :
Special
REFERENCES: CommissionMeeting
ENCLOSURES:
SPECIAL MEETING
Pursuant to the authority vested in me as Mayor of the City of Miami, Florida, I, Stephen P. Clark, do
hereby call a Special Meeting of the Miami City Commission to take place at 9:00am on Monday, January
30, 1995, in the City Commission Chambers, City Hall, 3500 Pan American Drive, Miami, Florida, for the
purpose of considering a matter of urgent public import; namely, the following:
Please see the attached memo forwarded to me by Commissioner Dawkins in which he has requested a
special Commission Meeting in reference to Judge Cardonne's approval of the Judgment confirming the
arbitrator's award in Circuit Court Case No. 95-00721 (CA08) Fraternal Order of Police, Miami Lodge 20
vs. the City of Miami.
Due to the fact that the City Manager and I are attending the U.S. Conference of Mayors meeting in
Washington, D.C., this Special Commission Meeting could not be scheduled at an earlier date.
1, d 1)z Nvf' C:5.
95- 73
To : Stephen P. Clark
Mayor
FROM : Miller J. Dawkins
Commissioner
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE : January 26, 1995
SUBJECT : Special Meeting
REFERENCES:
ENCLOSURES:
i The court has ordered settlements in the Lozano case.
�( Please schedule a meeting for 9:00 am Monday morning January 30, 1995 to discuss the
judge's order.
By copy of this memorandum I am asking the city attorney to provide the following
information to me by noon Friday, January 27, 1995.
In the arbitration - mediation:
1. What issues were discussed?
2. Who represented whom at same?
3. On what authority or by whose authority were the issue(s) taken to arbitration?
cc: City of Miami Board of Commission
Matty Hirai, City Clerk
A. Quinn Jones, City Attorney
• rn
t.;J
FILE :
m
95- 73