HomeMy WebLinkAboutR-92-0800,J--1.)2- 70
61/2492
RESOLUTION NO, 9 2 - 8 0 o
A RESOLUTION AUTHORIZING THE CITY ATTORNI;',' TO
FILE OFFERS OF JUDGMENT TO PLAINTIF1,S,
ROS I MI S ALPHON SE , ET AL. , ON BEHALF OF AT,!,
DEFENDANTS, IN THE UNITED STATES DISTiIC'I'
COURT, CASE NO. 91-1.429-CIV-HIGIiSMITI-1,
WITHOUT ANY ADMISSION OF LIABILITY, IN AN
AMOUNT NOT EXCEEDING $650,000.00, AND IF'
ACCEPTED, AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY THE RESULTING JUDGMENT WITH FUNDS TO
BE PROVIDED FROM THE CITY OF MIAMI'S, SELF-
INSURANCE AND INSURANCE TRUST FUND.
WHEREAS, ROSIMIS ALPHONSE, ET AL., through their attorneys,
have filed a claim and lawsuit against the CITY OF TiIAMI, in the
United States District Court for the Southern District of
Florida, Case No. 91-1429-CIV-HIGHSMITH, for an a-lleced viola:.ion
of civil rights, and state law torts claims arisincr out of the
Haitian disturbance at the 79th Street Shopping Center occur,i-I1g
on June 28 through July 5, 1990, in Dade County, Florida; and
WHEREAS, the above claim and lawsuit have been investig,�Ited
by the Torts Division of the City Attorney's Office and the
Department of Risk Management pursuant to Ordinance No. 8,117,
which created the City of Miami's Self -Insurance a.�Id Insurance
Program; and
WHEREAS, said Offices recommend that Offers of JudgrneniC,
without any
admission
of
liability, in
an
amount not exceeding
$650,000.00,
be filed
in
the lawsuit
for
the purpose of: '1)
111 `_' C01, IISSION
P±EETI-NG OF
D,.. r 1 (91 1992
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92- 800
1)<it:r11t.1.1j.1j p'-eveliting thfP r cc.1-tic91. of-.Itt.o.Eney s [c i which c: ?t71_ct
be taxed as costs under federal law against the defendants should
the plai_ntif_fs prevai_1 on tlie ir_ federal civil- rig li,Ls, claim; (2 )
potentially entitling the CITY OF MIAMI to tax its attorney's
fees as sanctions under state .law against the plaintiffs should
the requirements of state law be satisfied; and (3) concluding
and. settling all claims, if an offer is accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth 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 City Attorney is hereby authorized to file
an Offer or Offers of Judgment, under state and federal law,
without the admission of any liability, directed to plaintiffs,
ROSIMIS ALPHONSE, ET AL., on behalf of all defendants, in Case
No. 91-1429-CIV-HIGHSMITH, pending in the United States District
Court, in a total amount not exceeding $650,000.00, which offer
shall be inclusive of all costs and attorney's fees accrued
through the date of the offer or offers.
Section 3. Should an offer be accepted, the Director of
Finance is hereby authorized to pay the resulting judgment
entered in a sum not to exceed $650,000.00, said funds to be
provided from the City of Miami's Self -Insurance and Insurance
Trust Fund.
-2-
92- 800
Section 4. This FZesolutiorl shall
immediately upon. its adoption.
PASSED AND ADOPTED this 10th
ATTE '
MAZTY HIRAI
CITY CLERK
SELF-MCE T T FUN EVIEW:
SUJAN S. CHHA8lkA, DIRECTOR
10( DEPARTMENT OF RISK MANAGEMENT
BUDGETARY REVIEW:
MA HAR S. SURANA
AS STANT CITY MANAGER
PREPARED AND -APPROVED BY:
RREN BITTNER
SISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
N JObTI7,S, II
CITY ATT EY
WB/sls/csk/M2936
day of
becom- ef1-ectJ.ve
ember , 1992.
XAVIER T_,.I SUAREZ,- MAYOR
-3-
`�2- 800
TO
FnOM
(:I I Y O1 tv9VvM1, f I.OHIOA
INTER-OFFICL MEMORANDUM
Honorable Mayor and Members
of the City Commission
fQuinnVnes, III
City Aty
DAN November 4, 1.992 J--92-370
SURIECT Ros.i.mis Alphonse, et al.
vs. City of Miami, et al.
Case No. 91-1429-CIV-HIGHSMITli
RE(ERENCE5 City Commission Agenda
December 10, 1992
ENCLOSURES ( 1 `
The attached proposed resolution is being submitted for formal
approval as a result of my discussions with you relative to the
strategy in this case.
AQJ/WB/sls/P1549
attachment
cc: Cesar H. Odio, City Manager
Attn.: Aurelio Perez-Lugones
Legislative Administrator
92- 800 ZZ