HomeMy WebLinkAboutcover memoCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
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TO: Honorable Mayor Merles of the City Commission
FROM: Jorge L. Fernan. Attorney 66-^m,
DATE: November 4; f04
RE: Proposed Resolutio -City Commission Meeting of October 28, 2004
Approval of settlement: Eva Nagymihaly, etc., et al. v. City of Miami
Case No.: 98-11208 CA-01
Claim No. 000757-001521-EO-01
(File No. 04-1164)
The attached proposed Resolution seeks authorization for the settlement of the
"refund portion" of a lawsuit brought by a group of property owners against the City of
Miami in the above -referenced case in the amount of $7,000,000, payable in equal annual
installments of $3,500,000, beginning on December 5, 2004. The plaintiffs, relying upon
City records, contend that the City improperly collected $23,839,065.80, for emergency
medical services pursuant to a special assessment for the fiscal years 1997 through 2000.
The trial court has concluded that a refund is required for monies collected for emergency
medical services.
The Torts Committee of the City Attorney's Office and the Risk Management
Division have investigated and evaluated this case and have approved the
recommendation of this settlement. Inasmuch as the potential exposure to the City on
this claim is approximately $24,000,000, this structured settlement in the amount of
$7,000,000, is in the best interest of the City.
Funds in the amount of $7,000,000, are available from the Insurance and Self
Insurance Trust Fund, Index Code No. 109001.280905.9.952 for this settlement.
W 1113:CCM:r1
Attachment
c: Joe Arriola, City Manager
Elvi Alonso, Agenda Coordinator
W035