HomeMy WebLinkAboutLegislationFile Number: 10-00356
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, SUBJECT TO THE
APPROVAL OF THE COURT APPROVING A CLASS -WIDE SETTLEMENT,
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CLASS
ADMINISTRATOR APPOINTED BY THE COURT, WITHOUT ADMISSION OF
LIABILITY, BUT IN NO EVENT BEFORE OCTOBER 1, 2010 (EXCEPT FOR THE
COST OF PROVIDING NOTICE TO THE CLASS, WHICH MAY BE PAID
IMMEDIATELY), THE SUM OF $3,400,000.00, FOR THE ESTABLISHMENT OF A
COMMON FUND, FROM WHICH SHALL BE PAID ALL CLAIMS AS PERMITTED
BY THE COURT, ALL ATTORNEYS FEES ALLOWED BY THE COURT, AND ANY
AND ALL COSTS FOR THE ADMINISTRATION OF THE CLASS SETTLEMENT,
WITH THE RESIDUE, IF ANY, TO BE REFUNDED TO THE CITY OF MIAMI,
WHICH PAYMENT SHALL BE IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS CURRENT
OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS,
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, IN THE CONSOLIDATED
CASES OF SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE
NO.: 99-19523 CA (15), AND NADINE THEODORE, ET AL. VS. CITY OF MIAMI,
CASE NO.: 99-28417 CA (15), PENDING IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE
EXECUTION BY THE CLASS REPRESENTATIVES, SIDNEY S. WELLMAN,
DANIELLE WELLMAN, NADINE THEODORE, GUSTAVE DORCILOME, AND
MICHEL CHICHE, OF A GENERAL RELEASE OF THE CITY OF MIAMI, ITS
CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES,
OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL
CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.549000.0000.0000.
WHEREAS, Sidney S. Wellman, Danielle Wellman, Nadine Theodore, Gustave Dorcilome and
Michel Chiche, as representatives of the class of all owners of motor vehicles impounded by the City of
Miami since June 1, 1997 under Sections 42-120 through 42-125 of the City of Miami Code (1999)
(hereinafter the VIP Ordinance), and the City of Miami, et al., are engaged in litigation in the Circuit
Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case Nos.: 99-19523 CA
(15) consolidated with 99-28417 CA (15), concerning the constitutionality of VIP Ordinance; and
WHEREAS, the City Attorney's Office and outside counsel retained by the City Commission,
i.e., Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., have investigated this claim and lawsuit,
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
and recommend that said claim and lawsuit be settled for the sum of $3,400,000.00, for the
establishment of a common fund, from which shall be paid all claims as may be permitted by the
Court, all attorneys fees as may be allowed by the Court, and any and all costs for the administration
of the class settlement;
City of Miand Page 1 of 2 File Id. 10-00356 (Version: 1) Printed On: 3/17/3010
City of Miami
Legislation
Resolution
File Number: 10-00356
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, SUBJECT TO THE
APPROVAL OF THE COURT APPROVING A CLASS -WIDE SETTLEMENT,
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CLASS
ADMINISTRATOR APPOINTED BY THE COURT, WITHOUT ADMISSION OF
LIABILITY, BUT IN NO EVENT BEFORE OCTOBER 1, 2010 (EXCEPT FOR THE
COST OF PROVIDING NOTICE TO THE CLASS, WHICH MAY BE PAID
IMMEDIATELY), THE SUM OF $3,400,000.00, FOR THE ESTABLISHMENT OF A
COMMON FUND, FROM WHICH SHALL BE PAID ALL CLAIMS AS PERMITTED
BY THE COURT, ALL ATTORNEYS FEES ALLOWED BY THE COURT, AND ANY
AND ALL COSTS FOR THE ADMINISTRATION OF THE CLASS SETTLEMENT,
WITH THE RESIDUE, IF ANY, TO BE REFUNDED TO THE CITY OF MIAMI,
WHICH PAYMENT SHALL BE IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS CURRENT
OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS,
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, IN THE CONSOLIDATED
CASES OF SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE
NO.: 99-19523 CA (15), AND NADINE THEODORE, ET AL. VS. CITY OF MIAMI,
CASE NO.: 99-28417 CA (15), PENDING IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE
EXECUTION BY THE CLASS REPRESENTATIVES, SIDNEY S. WELLMAN,
DANIELLE WELLMAN, NADINE THEODORE, GUSTAVE DORCILOME, AND
MICHEL CHICHE, OF A GENERAL RELEASE OF THE CITY OF MIAMI, ITS
CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES,
OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL
CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.549000.0000.0000.
WHEREAS, Sidney S. Wellman, Danielle Wellman, Nadine Theodore, Gustave Dorcilome and
Michel Chiche, as representatives of the class of all owners of motor vehicles impounded by the City of
Miami since June 1, 1997 under Sections 42-120 through 42-125 of the City of Miami Code (1999)
(hereinafter the VIP Ordinance), and the City of Miami, et al., are engaged in litigation in the Circuit
Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case Nos.: 99-19523 CA
(15) consolidated with 99-28417 CA (15), concerning the constitutionality of VIP Ordinance; and
WHEREAS, the City Attorney's Office and outside counsel retained by the City Commission,
i.e., Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., have investigated this claim and lawsuit,
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
and recommend that said claim and lawsuit be settled for the sum of $3,400,000.00, for the
establishment of a common fund, from which shall be paid all claims as may be permitted by the
Court, all attorneys fees as may be allowed by the Court, and any and all costs for the administration
of the class settlement;
City of Miand Page 1 of 2 File Id. 10-00356 (Version: 1) Printed On: 3/17/3010
File Number: 10-00356
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. Subject to the approval of the Court of a class -wide settlement, the Director of
Finance is authorized to pay the Class Administrator appointed by the Court, without admission of
liability, but in no event before October 1, 2010 (except for the cost of providing notice to the class,
which may be paid immediately), the sum of $3,400,000.00, for the establishment of a common fund,
from which shall be paid all claims as permitted by the Court, all attorneys fees allowed by the Court,
and any and all costs for the administration of the class settlement, with the residue, if any, to be
refunded to the City of Miami, which payment shall be in full and complete settlement of any and all
claims and demands against the City of Miami, its current or former departments, agencies,
instrumentalities, officials, officers, agents, servants and employees, in the consolidated cases of
Sidney S. and Danielle Wellman vs. City of Miami, Case no.: 99-19523 CA (15), and Nadine
Theodore, et al. vs. City of Miami, Case No.: 99-28417 CA (15), pending in the Circuit Court of the
11th Judicial Circuit in and for Miami -Dade County, Florida, upon the execution by the Class
Representatives, Sidney S. Wellman, Danielle Wellman, Nadine Theodore, Gustave Dorcilome, and
Michel Chiche, of a general release of the City of Miami, its current or former departments, agencies,
instrumentalities, officials, officers, agents, servants and employees, of all claims and demands, and a
dismissal of the City of Miami, with prejudice, with funds allocated from Account No.
00001.980000.549000.0000.0000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORNEY
Footnotes:
{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. 10-00356 (Version: 1) Printed On: 3/17/2010