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HomeMy WebLinkAboutR-04-0138City of Miami Legislation Resolution: R-04-0138 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00189 Final Action Date: 3/11/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MAYKO ACOSTA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $47,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF MAYKO ACOSTA V. CITY OF MIAMI, CHRISTIAN RIOS, VICTOR PALACIOS AND RAFAEL BORROTO, IN THE UNITED STATES DISTRICT COURT, CASE NO. 03-20444-CIV-UNGARO-BENAGES, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. WHEREAS, Mayko Acosta, filed a claim and lawsuit against the City of Miami, Christian Rios, Victor Palacios & Rafael Borroto, in the United States District Court, Case No. 03- 20444-CIV-UNGARO-BENAGES, in Miami, Miami -Dade County, Florida; and WHEREAS, the City Attorney's Office has 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 recommends that said claim and lawsuit be settled for the sum of $47,000; 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 Mayko Acosta, without admission of liability, the sum of $47,000 in full and complete settlement of any and all claims and demands against the City of Miami, its officers, agents and servants in the case Mayko Acosta v. City of Miami, Christian Rios, Victor Palacios & Rafael Borroto, in the United States District Court, Case No. 03- 20444-CIV-UNGARO-BENAGES, upon executing a general release for the City of Miami, its present and former officers, agents and employees from any and all claims and demands, with funds allocated from the Self Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} City of Miami Page 1 of 2 File Id: 04-00189 (Version: 11 Printed On: 9/1/2016 File Number: 04-00189 Enactment Number: R-04-0138 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: 04-00189 (Version: 1) Printed On: 9/1/2016