HomeMy WebLinkAboutR-95-0357J-95-330
4/17/95
RESOLUTION NO.
95- 35'7
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY COLUMBUS KENNEY, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $37,500.00
IN FULL AND COMPLETE SETTLEMENT OF ANY AND
j ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, IN UNITED STATES DISTRICT COURT CASE
NO. 94-0063-CIV-MORENO, 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.
620101-661.
WHEREAS, Columbus Kenney, through his attorney, filed a
claim and lawsuit against the City of Miami, in the United States
District Court, Case No. 94-0063-Civ-Moreno, for alleged
deprivation of civil rights and negligence arising out of the
demolition of his house by the City of Miami Unsafe Structures
Section on January 4, 1990, at 799 Northwest 44th Street, Miami,
Dade County, Florida; and
WHEREAS, the above claim and lawsuit has been investigated
by the Torts Division 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
Program and said Office recommends that said claim and lawsuit be
settled for the sum of $37,500.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COM UssIO.N
MEETLNG OF
MAY 1 1 1995
Resolution No.
95- 357
Section 1. The Director of Finance is hereby authorized
to pay Columbus Kenney, forthwith, without the admission of
liability, the sum of $37,500.00 in full and complete settlement
of any and all claims and demands against the City of Miami, in
United States District Court, Case No. 94-0063-Civ-Moreno, upon
the execution of a general release in a form acceptable to the
City Attorney, releasing the City of Miami from all claims and
demands, with funds therefor hereby allocated from the Insurance
and Self -Insurance Trust Fund, Index Code No. 620101-661.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 11th day f May 1995.
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ST PHEN P. CL RK, MAYOR
RISK AGEME REVIEW:
,, t0 -,
�O(L FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
PREPARED AND APPROVED BY:
VSI
REN BITTNER
STANT CITY ATTORNEY
M5047/WB/bjr/BSSP
-2-
BUDGETARY REVIEW:
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MANOHAR NA
ASSISTANT M MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
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9. QVINNJgXES, III
CIT ATT EY
95- 35'7
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FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Oes,A. Q.nn IfICity At
1
DATE : FILE :
April 6, 1995 LZ-93-229
SUBJECT: Resolution Authorizing
Settlement with Columbus Kenney
Case No 94-0063-Civ-Moreno
REFERENCES:
City Commission Agenda
ENCLOSURES May 11, 1995
(1)
Attached is a proposed Resolution authorizing the Director
of Finance to pay Columbus Kenney, without admission of
liability, the sum of $37,500.00, in full and complete settlement
of any and all claims and demands against the City of Miami upon
the execution of a Release of All Claims, releasing the City of
Miami from any and all claims and demands.
The complete evaluation of this claim is contained in the
Tort Committee settlement memorandum, personally distributed to
your offices by my assistant, Warren Bittner. In brief, the
claimant's house was demolished by the City's Unsafe Structures
Section. The claimant alleges a deprivation of property without
due process under federal law.
This claim has been investigated by the Tort Committee and
the Department of Risk Management, and is hereby recommended by
this office.
M8596/AQJ/WB/bjr
Attachment
95- 357