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HomeMy WebLinkAboutR-04-0770City of Miami Legislation Resolution: R-04-0770 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01262 Final Action Date: 12/9/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY EDWIN DISLA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $35,000 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 EDWIN DISLA V. JENNY E. LUNA, ETAL., IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 03-23126-CIV-HIGHSMITH, 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, Edwin Disla, filed a claim and lawsuit against the City of Miami, in the United States District Court for the Southern District of Florida, Case No. 03-23126-CIV-HIGHSMITH in 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 $35,000; 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 Edwin Disla, without admission of liability, the sum of $35,000 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 Edwin Disla v. Jenny E. Luna, et al., in the United States District Court for the Southern District of Florida, Case No. 03-23126-CIV-HIGHSMITH, 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} City of Miami Page 1 of 2 File Id: 04-01262 (Version: 1) Printed On: 10/19/2016 File Number: 04-01262 Enactment Number: R-04-0770 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: 04-01262 (Version: 1) Printed On: 10/19/2016