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HomeMy WebLinkAboutR-95-0576RESOLUTION NO 9 5- 576 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANTONIO WHITE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $90,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO. 94-2436 CA 32, 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. 620101-651. WHEREAS, Antonio White, through his attorney, filed a claim and lawsuit against the City of Miami, in the Circuit Court of the 11th Judicial Circuit, Case No. 94-2436-CA 32, for alleged negligence arising out of an automobile accident that occurred on June 3, 1993 at the intersection of Grand Avenue and Plaza Street, in Coconut Grove, 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 $90,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CM. COMMISSION METING OF J U L 1 3 1995 Resolution rNyo. J 5 r b 0 6 1 Section 1. The Director of Finance is hereby authorized to pay Antonio White, forthwith, without the admission of liability, the sum of $90,000.00 in full and complete settlement of any and all claims and demands against the City of Miami, in Circuit Court Case No. 94-2436 CA 32, upon the execution of a general release, in a form acceptable to the City Attorney, releasing the City of Miami from any and all claims and demands, .with funds therefor hereby allocated from the Insurance and Self - Insurance Trust Fund, Index Code No. 620101-651. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this _13th day of July 1995. --Yk, e, ( -7. S4 S PHEN P. CLARK, MAYOR ATTEST: WALTER J. 0 CITY CLERK PREPARED.AND PROVED BY: BUDGETARY REVIEW: WA EN BITTNER NOHAR URANA A ISTANT CITY ATTORNE Y ASSISTANT. TY MANAGER APPROVED AS TO FORM AND: CORRECTNESS: RISK MANAGEMENT REVIEW• In Code No. 620101-651 I S, TTI RANK K. ROLLASON, DEPUTY CHIEF CITY ATTOPMY CHIEF OF RISK MANAGEMENT 95- 076 CITY OF MIAMI, FLORIDA 'CA=28 INTER -OFFICE MEMORANDU To ; Honorable Mayor and Members DATE July 3, 1995 FILE' LT-94-046 of the City Commission sua,Ecr : Resolution Authorizing Settlement with Antonio White Case No.: 94-2436 CA 32 FROM; A. Q nn JO a ,III REFERENCES City Atto ENCLOSURES: City Commission Agenda July 13, 1995 Attached is a proposed Resolution authorizing the Director of Finance to pay Antonio White, without admission of liability, the sum of $90,000.00, 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 was seriously injured in an automobile accident involving a City of Miami garbage truck. This claim has been investigated by the Tort Committee and the Department of Risk Management, and is hereby recommended by this Office. memmayor.doc Attachment G-�ze -J 95- 576