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HomeMy WebLinkAboutR-09-0420Vop City of Miami Legislation < U R �O Resolution: R-09-0420 File Number: 09-00957 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/10/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY HOLLEY RAUEN AND NIKKI HARTMAN, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $95,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED HOLLEY RAUEN AND NIKKI HARTMAN VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 06-21182-CIV-ALTO NAGA, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM THE SPECIAL PAY ACCOUNT NO. 05002.301001.515000.0000.00000. WHEREAS, holley Rauen and Nikki Hartman, and the City of Miami, et al., are engaged in litigation in the United States District Court, Southern District of Florida, Case Nos.: 06-21182-Civ-Altonaga, concerning the claimants' treatment by the Miami Police Department, and other agencies, during the FTAA Ministerial Meetings in November of 2003; and WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit, pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claims and lawsuit be settled for the sum of $95,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is authorized to pay Holley Rauen and Nikki Hartman, without admission of liability, the aggregate total sum of $95,000 in full and complete settlement of any and all claims and demands, including attorney's fees and costs, against the City of Miami, its agents, officers and employees, in the case of Holley Rauen and Nikki Hartman v. City of Miami, et al., pending in the United States District Court, Southern District of Florida, Case No. 06- 21182-Civ-Altonaga, upon the execution of general releases of all claims and demands, and a dismissal of the City of Miami, and all individual City employee defendants, with prejudice, with funds allocated from the Special Pay Account No. 05002.301001.515000.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1 } City of Miand Page 1 of 2 File Id. 09-00957 (Version: 1) Printed On: 6/28/2017 File Number: 09-00957 Footnotes: Enactment Number: R-09-0420 {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id. 09-00957 (Version: 1) Printed On: 6/28/2017