HomeMy WebLinkAboutR-04-0396City of Miami
Legislation
Resolution: R-04-0396
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00610 Final Action Date: 6/24/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY CLIFFORD ELAM, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $31,000 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 CLIFFORD ELAM V. CITY OF MIAMI
AND STEVEN WATHAN, IN THE UNITED STATES DISTRICT COURT, CASE NO.
03-20223-CIV-UNGARO-BENAGES, UPON EXECUTING A GENERAL RELEASE
OF 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, Clifford Elam, filed a claim and lawsuit against the City of Miami and Steven Wathan,
in the United States District Court, Case No. 03-20223-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 $31,000;
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 Clifford Elam, without admission of liability,
the sum of $31,000 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 Clifford Elam v. City of Miami and
Steven Wathan, in the United States District Court, Case No. 03-20223-CIV-UNGARO-BENAGES,
upon executing a general release of 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}
Footnotes:
City of Miami
Page 1 of 2 File Id: 04-00610 (Version: 1) Printed On: 9/16/2016
File Number: 04-00610 Enactment Number: R-04-0396
{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: 04-00610 (Version: 1) Printed On: 9/16/2016