HomeMy WebLinkAboutR-95-0397J-95-315
4/7/95
RESOLUTION NO. 9 J 397
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO BISHOP WALLACE THE SUM OF
$85,000.00, 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 DADE
COUNTY, FLORIDA, CASE NO. 93-24230 CA (05),
OR IN THE ALTERNATIVE, AUTHORIZING THE CITY
ATTORNEY TO MAKE AN OFFER OF JUDGMENT IN A
LIKE AMOUNT, WITHOUT ANY ADMISSION OF
LIABILITY; ALLOCATING FUNDS THEREFOR FOR SAID
SETTLEMENT OR SAID OFFER OF JUDGMENT,
WHICHEVER IS APPLICABLE, FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 676001-652.
WHEREAS, BISHOP WALLACE, through his attorney, has filed a
claim and lawsuit against the City of Miami, in the Circuit Court
of Dade County, Florida, Case No. 93-24230 CA (05), for
i
negligence based on certain police conduct resulting in the
injury of the Plaintiff, BISHOP WALLACE; and
WHEREAS, the above claim and lawsuit has 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 Self -Insurance and Insurance
Trust Fund; and
WHEREAS, said Offices recommend that the sum of $85,000.00
be paid without any admission of liability, in full and complete
settlement of any and all claims and demands against the City of
CITY COMMISSION
MEETING OF
MAY 1 1 1995
Resolution No.
95-- 39'7
Miami in the Circuit Court of Dade County, Florida, Case
No. 93-24230 CA (05) or in the alternative, it is recommended
that the City Attorney make an Offer of Judgment in a like
amount, without any admission of liability; and
WHEREAS, funds are available from the City of Miami Self -
Insurance and Insurance Trust Fund for the payment of said
Settlement or Offer of Judgment, whichever is applicable;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
j Section 1. The recitals and findings set forth in the
i
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 Bishop Wallace the sum of $85,000.00, 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 Dade County, Florida, Case No. 93-24230 CA (05)
or in the alternative, the City Attorney is hereby authorized to
make an Offer of Judgment in a like amount, without any admission
of liability, with funds therefor hereby allocated for said
Settlement or Offer of Judgment, whichever is applicable, from
the City of Miami Self -Insurance and Insurance Trust Fund, Index
Code No. 676001-652.
-2-
95- 39'7
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this llth day of May , 1995.
ATTEST: ` 1 ^ STE HEN P. CLA5R, MAYOR
MATTY HIRAI, CITY -CLERK
RISK MANAGEMENT REVIEW:
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
BUDGETARY REVIEW:
!MANOHAR S. SURANA &IN
ASSISTANT CITY MANAG R
PREPARED AND APPROVED BY:
L' N M. FIRTEL
SISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
kjj
A QUI N J , III
CITY TTO
LMF/cm/M5034
95- 397
-3-
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 63--
TO Honorable Mayor and Members DATE April 3, 1995 FILE J-95-315
of the City Commission
SUBJECT Wallace v. City of Miami
/J Case No. 93-24230 (05)
Claims No. 017/PT91060
A. Q nn o es, III City Commission Agenda
FROM City Att ey REFERENCES April 27, 1995
ENCLOSURES'
The attached proposed Resolution is being submitted for
Commission review for settlement of the above -referenced case in
the amount of $85,000 without any admission of liability.
The details of the case are set forth in the Tort Memorandum
previously forwarded to you.
AQJ/LMF/Cm
95- 397
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