HomeMy WebLinkAboutR-92-0170J-92-164
2/19/92
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RESOLUTION NO.
,. A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO WILLIAM AND MILDRED
HUTCHINSON, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $50,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, IN CIRCUIT
COURT CASE NO. 87-15226 (CA 30), 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 TO BE PROVIDED FROM THE
I� INSURANCE AND SELF-INSURANCE TRUST FUND.
WHEREAS, William and Mildred Hutchinson, through their
attorneys, filed a claim and lawsuit against the City of Miami,
in the Circuit Court of Dade County, Florida, Case No. 89-15226
(CA 30), for alleged wrongful demolition, negligence, trespass,
conversion, inverse condemnation, civil rights violations, loss
fof future rental income and personal property, arising out of the
i demolition of a structure on their property in March of 1987 and
located at 929 N.W. 50th 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 Offices recommend that this claim and lawsuit be
settled for the sum of $50,000.00;
:CITX COMNIIS5lox
MEETING OF
MAR 1 2 1992
Rocaludon no.
92- 170
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized to
pay William and Mildred Hutchinson, without the admission of
liability, the sum of $50,000.00 in full and complete settlement
of any and all claims and demands against the City of Miami, in
Circuit Court Case No. 87-15226 (CA 30), upon the execution of a
release, in_a form acceptable to the City Attorney, releasing the
City of Miami from all claims and demands; said funds to be
provided from the Insurance and Self -Insurance Trust Fund.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this, 12th day of Marc , 1992.
XAVIER SUAREZ, MAYOR
ATT
r
—4! MATTI HIRAI
CITY CLERK
SELF-INSURANCE U FUND REVIEW:
Nil
SUJAN CHHABRA CTOR
DEPARTMENT ISK MANAGEMENT
I;
I
i1.
92- 1'70
�: -2-
BUDGETARY REVIEW:
i o
S. SURANA
SS TANT CITY MANAGER
PREPARED AND APPROVED BY:
QPAME ;PRIDE-0H.AVIE
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
92- 170
!m
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUh
CA=17
J-92-164
TO Honorable Mayor and Members DATE February 19, 1992 FILE L-88-248
of the City Commission
SUBJECT Resolution Authorizing
' Settlement with Hutchinson,
v •• fin ' 2, ��� Case No. 87-15226 CA 30
FROM A. inn ones, III
REFERENCES
City A rney City Commission Agenda
ENCLOSURES. March 12, 1992
Attached is a proposed Resolution authorizing the Director of
Finance to pay William and Mildred Hutchinson, without admission
of liability, the sum of $50,000.00, in full and complete
settlement of any and all claims and demands against the City of
Miami, upon the execution of a General 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 attached
copy of the Tort Committee settlement memorandum. In brief, the
claimants' property was demolished upon the direction of the
Department of Planning,. Building and Zoning, allegedly without
sufficient legal authority.
This claim has been investigated by the Tort Committee of the City
Attorney's Office and the Department of Risk Management, and is
01�1
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Members of the Tort Committee
FROM Pamela Pride-Chavies
Assistant City Attorn �fl
FACTS:
0
DATEt February 4, 1992 FILE L-88-24B
SUBJECT William and Mildred Hutchinson
Claim #011/GL-90-059
D/I: March 8, 1986
REFERENCESWrongf ill Demolition of Structure
Located at 929 N.W. 50th Street
ENCLOSURES.
REQUEST FOR SETTLERENT AUTHORITY
Plaintiffs were and still are the owners of certain real
property, located at 929 N.W. 50th Street, in the City of Miami,
upon which, prior to the first week of March in 1987, a two story,
three bedroom, two bath CBS structure with a workshop and laundry
room occupying approximately 32,000 square feet existed. -
In the month of March in 1987, a construction company, Julle
Inc., demolished said structure on the City's behalf and removed
all remnants and remaining debris from the structure away from the
subject lot.
Following these actiong, the owners of the property, William
and Mildred Hutchinson, filed a claim against the City for,
trespass, conversion, negligence, inverse condemnation, and civil
rights violations under 42 USC Section 1983.
Plaintiffs additionally claimed loss of use of the property
as rental income, and damage and destruction of their personal
property contained within the house.
This particular property was brought to the attention of the
City's administration in 1985 due to numerous civilian reports and
complaints regarding the dilapidated and abandoned condition of
the structure. Constant complaints regarding the use of the
property by vagrants committing illegal and illicit acts on the
premises were registered with' the City. Pursuant to community
outrage concerning the condition of the property, the City was
compelled to initiate a case before the Dade County Unsafe
Structures Board.
On July.8, 1986, a case involving the Hutchinsons' property
was heard. The Order (dated July 9, 1986) by the Unsafe
Structures Board before the Dade County Board, directed the "owner
92- 170
3
OrN
Members of the Tort Committee
February 4, 1992
Page Two
of said property to secure said structure, and if not secured
within a designated time period, ordered the City of Miami to
secure". The Dade County Unsafe Structures Board did not in its
post hearing Order, direct the City of Miami to demolish the
structure. Nonetheless, the structure as previously stated, was
demolished.
EVALUATION:
It is clear, based on the uncontested facts, that the
structure was wrongfully destroyed, and that the City is liable
for the demolition.
Plaintiff made a demand for settlement in the amount of
$100,000.00. Based upon the current cost of construction to
replace the structure (approximately $65.00 per square foot), the
replacement value of the structure would be in excess of
$200,000.00. If loss of personal property contained within the
structure and lost rental income are adequately proven, the City
exposes itself to an additional $40,000.00 - $50,000.00 in
damages.
Wherefore it is respectfully recommended, in the best
interest of the City, that an offer of $50,000.00 be made to
William and Mildred Hutchinson in an effort to amicably settle
this case at the time of mediation.
Your comments and approval/disapproval of this recommendation
ar ited.
APPROV /DISAPPROVED - Authority in the amount of $50,000.00.
• QUINN
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City Att r ey
sistant City
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Attorney
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Assistant City At rney Oc
Members of the Tort Committee February 41 1992
Page Three
CHRISTOPHER F. KURTZ
Assistant City Attorney
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HUMBERTO HERNANDEZ �� Ft2lD
Assistant City Attorney
THERESA L. GIRTEN
Assistant City �,ttgr ey l
Assistant Ci
V V V 1 .. V. r
Department
PPC/sls/M065
attachmenk
R.
ey
Director
jc Management
92- 170