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RESOLUTION N0.
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
MIGUEL M. ALVAREZ, CARMEN ALVAREZ AND MAX GROSO CHRYSLER
PLYMOUTH INC. THE SUM OF $49987-83 WTHOUT THE ADMISSION =
OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL
PROPERTY DAMAGE CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI AND DARRYL SMITH, AND UPON EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI AND DARRYL SMITH FROM ALL
CLAIMS AND DEMANDS. -
WHEREAS, Miguel M.
Alvarez,
and Carmen Alvarez filed a claim
against the City of Miami and
Darryl Smith for property damage
resulting from a motor
vehicle
accident wherein a 1982 Chrysler
Imperial Coupe, driven by
him and
owned by his wife Carmen Alvarez was
involved in a collision
with a City
of Miami Solid Waste Department
_-
crane on August 15, 1984
at 23rd
Avenue and S.W. 4th Street, Miami,
Dade, Florida; and
w
WHEREAS, the above claim has been investigated by the Risk
Management Division in accordance with Ordinance 8417 which created
the City of Miami's Self -Insurance Program, and the said division,
together with the City Attorney, recommend that this claim be settled,
;1
without the admission of liability for the sum of $4,987.83;
NOW9 THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized to pay'
Miguel M. Alvarez, Carmen Alvarez, and Max Groso Chrysler Plymouth
Inc. the sum of $4,987.83 without the admission of liability in full.
and complete settlement of all property damage claims and demand$
against the City of Miami and Darryl Smith, upon the execution of
release releasing the City of Miami and Darryl Smith from all proper`'/
damage and any other claims and demands.
PASSED AND ADOPTED this 1_r Oth day of October 1984.
Maurice A. Ferre
7ATTE � Q
PREPARED AND APPROVED BY:
I�r r/!1��AW_f11 -'2
i INV
ORM) AND CORRECTNESS:
&#Ww+n n• C
CITY ATT-0 LEY
TO•
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CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMOhANDVM
Honorable Mayor and Members
of the City Commission
•
FROM 4ucia. A. Dougherty
City Attorney
September 19, 1984 FILE:
;=Approval of Claim/Settlementat
(1) Miguel Alvarez
(2) Olga Najara
(3) Cooper Oldsmobile
REFERENCES, City Commission Agenda 9/20/84.
Now -Scheduled Items
ENCLOSURES-
All three of the above -referenced claims have been ably
handled by the City's Risk Management Division and a proposed
settlement has been reached without the filing of lawsuits.
To avoid the payments of additional expenses in these three
matters we are requesting that you consider these items at your
meeting of September 20, 1984. Separate and detailed cover
memoranda for each claim have been prepared and are attached
hereto.
RFC/wpc/pb/008
Attachment
CC.* City Manager
City Clerk
Risk Management
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F
Y
,i
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CITY OF MIAM1. 01-15VIMA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
FROM: LUCla A. Dougherty
City Attorney
DATE September 18, 1984 F"E:
SUBJECT.
City Commission Agenda 9/20/84
REFERENCES: Settlement Resolution,
Miguel Alvarez
ENCLOSURES. ( 2 )
This office has reviewed the results of the investigation
into this claim covering a vehicular accident in which a City
of Miami Solid Waste Department vehicle was involved. We
are attaching the memorandum of the Risk Management Division
explaining the question of liability and damages. Our office
recommends adoption of the attached proposed settlement
resolution.
LAD/RFC/rr
City Manager
City Clerk
Risk Management
84-11'71
1
CPtY of MIAMI. PLORIbA
- INTER-OPFICE MEMCRANhUM
ro: Lucia A. Dougherty DATE: Septe% , 1984 FIM V84-158
t
City Attorney, and the
Torts ommittee SUBJECT: Miguel & carmen Alvarez vs.
City of Miami & Darryl Smith
4na
DOL: 08-15-84 at 9:15 a.m.
LOL: S.W. 4th Street near the
FROM: . REFERENCES: intersection of S.W. 23rd
Assistant Finance Director Avenue, Miami, Florida
Risk Management Division ENCLOSURES:
i
REQUEST FOR SETTLEMENT AUTHORITY
Facts
This accident occurred on Southwest 4th Street at the western edge of the intersection
with Southwest 23rd Avenue. The claimant vehicle was eastbound in approximately the
- right traffic lane in the vicinity of the western edge of the intersection which is
controlled by a yield sign. The City unit was westbound in approximately the center
of Southwest 4th Street on the east portion of the intersection. The City unit is
a crane which was being operated from the remote position. The City operator intended
to go straight across the intersection to coptinue with the waste pick up. This was
done and upon exiting the intersection the front end of the crane made contact with
the front end of the claimant vehicle which was pushed back some 12 feet from the =
point of initial impact.
The City operator indicated that his line of sight was blocked due to his remote
driving position and therefore he did not see the other vehicle.
It should be noted that City operator Darryl Smith was charged with careless driving.
This appears to be a matter that should be settled on a very timely basis.
Claimants
1) Miguel Alvarez, of 405 S.W. 134th Court, Miami, Florida 33184 is the operator of
the claimant vehicle. The home phone number is 559-4201.
Mr. Alvarez is President of Expresso Vending Corporation, telephone number 643-9602.
Mr. Alvarez states that he was not injured in this accident and is primarily interested
in rapid repair of the vehicle.
2) Carmen Alvarez, wife of Miguel Alvarez is listed as the owner of the vehicle involved
in this accident. It is a 1982 Chrysler Imperial which is a limited production
vehicle.
r
Lucie A. Dougherty
City Attorney, and the
Torte Committee
-2-
September lip 1984
Auto Appraisal completed the. estimate of repairs and obtained a agreed price with
Max Grosso Chrysler Plymouth in the amount of $4,987.83.
Evaluation
This request for authorization is for repair of the 1982 Chrysler Imperial Coupe which
is damaged in the amountof $4,987.83.
It is suggested that we expedite this matter so as to have the car released from the
body shop at the earliest possible time.
At this time there is a parts problem on this vehicle however it will no doubt be
cleared in the very near future.
APPROVE/DISAPPROVE authority request for property damage in the amount of $4,987.83
as concerns the claims of Miguel and Carmen Alvarez. A total release will be obtained.
84-IJL71
Lucia A. Dougherty r-3- September 11, 1084
City Attorney, and the
Torts Committee
1 k
14
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...
Lucia A. Dougher y
City Attorney y
Gisela Cardonne �-
Assista C Attorney
pf M. Prirtel
istant City torney
Albertine B. Smith
Assistant Ci Attorney
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Ana -Maria Carnesoltas
Assistant City Attorney
Richard L. Druks
Assistant City Attorney
Maria iaro
Assistant City Attorney
a
Paul D. Weber
Claims Supervisor
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84-11'71
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811-1171