HomeMy WebLinkAboutR-05-0040City of Miami
Legislation
Resolution: R-05-0040
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01361 Final Action Date: 1/13/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY JUAN PABLO HERNANDEZ, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $475,000 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 JUAN PABLO
HERNANDEZ V. CITY OF MIAMI, ETAL., IN THE UNITED STATES DISTRICT
COURT, CASE NO. 99-1204-CIV-JORDAN, UPON EXECUTING A GENERAL
RELEASE AND DISMISSAL OF THE CITY OF MIAMI, AND 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, Juan Pablo Hernandez, filed a claim and lawsuit against the City of Miami, and Police
Officer Richard Perez, in the United States District Court, Southern District of Florida, Case No. 99-
1204-CIV-JORDAN; 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 $475,000;
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 Juan Pablo Hernandez, without admission
of liability, the sum of $475,000 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 Juan Pablo Hernandez v. City
of Miami, et al., in the United States District Court, Case No. 99-1204-CIV-JORDAN, upon executing
a general release and dismissal of the City of Miami, and its present and former officers, agents and
employees, from any and all claims and demands, on forms acceptable to the City Attorney, 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: 04-01361 (Version: 1) Printed On: 10/21/2016
File Number: 04-01361 Enactment Number: R-05-0040
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: 04-01361 (Version: 1) Printed On: 10/21/2016