HomeMy WebLinkAboutR-09-0438Vop City of Miami
Legislation
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Resolution: R-09-0438
File Number: 09-01038
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/24/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PAYMENT IN THE AMOUNT OF $25,000, IN FULL SETTLEMENT OF
ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. MIAMI-DADE
COUNTY, CASE NO. 07-34868 CA 25, PURSUANT TO THE TERMS OF THE
PROPOSAL FOR SETTLEMENT; DIRECTING THE CITY MANAGER TO ACCEPT
THE TERMS OF THE PROPOSAL FOR SETTLEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, in 2005, a Miami -Dade County ("County") truck collided with the City of Miami ("City")
garbage truck at the county facility located at 1112 Northwest 20th Street, Miami, Florida causing
substantial damage to the City truck ; and
WHEREAS, the City paid $32,496.48 to repair the City truck and sought the amount from the
County in Circuit Court under Case No. 07-34868 to recover the money paid; and
WHEREAS, the County has proposed to settle this case for $25,000 dollars in June 29, 2009 and
has extended the time for response to its proposal for settlement to September 30, 2009; and
WHEREAS the proposal for settlement seeks to settle all claims pursuant to the terms more fully
set forth in the attached; and
WHEREAS, payment in the amount of $25,000 to the City, in settlement of all claims in this case,
has been recommended for approval by the City Attorney;
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. Payment to the City, in the amount of Twenty Five Thousand Dollars ($25,000), in full
settlement of the claims and demands for the case of City of Miami vs Miami -Dade County, Case No.
07-34868 CA 25, pursuant to the terms of the Proposal for Settlement, in substantially the attached
form, is accepted.
Section 3. The City Manager is directed to accept the terms of the Proposal for Settlement, in
substantially the attached form, and all necessary documents, in a form acceptable to the City
Attorney, to effectuate the Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
City of Miand Page 1 of 2 File Id. 09-01038 (Version: 1) Printed On: 6/29/2017
File Number: 09-01038
the Mayor.{1 }
Footnotes:
Enactment Number: R-09-0438
{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. 09-01038 (Version: 1) Printed On: 6/29/2017