HomeMy WebLinkAboutR-05-0158City of Miami
Legislation
Resolution: R-05-0158
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00035 Final Action Date: 3/10/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY KIMBERLY DUFF, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF RICHARD BEATTY, DECEASED,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $400,000 (FOUR HUNDRED
THOUSAND DOLLARS) 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 KIMBERLY DUFF, ETC., ET.
AL. V. CITY OF MIAMI, ETC., ETAL., CASE NO. 02-23643 CIV-COOKE, 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 ON A FORM ACCEPTABLE TO THE CITY ATTORNEY;
ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 515001.624401.6.652.
WHEREAS, Kimberly Duff, as Personal Representative of the Estate of Richard Beatty,
deceased, filed a claim and lawsuit against the City of Miami, Raul Martinez, and Hector Mendez, in
the United States District Court, Southern District of Florida, Case No. 02-23643 Civ-Cooke; 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 $400,000;
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 Kimberly Duff, as Personal Representative
of the Estate of Richard Beatty, deceased, without admission of liability, the sum of $400,000 (Four
Hundred Thousand Dollars) 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 Kimberly Duff, etc., et al. v. City
of Miami, etc., et al., in the United States District Court, Southern District of Florida, Case No. 02-
23643-Civ-Cooke , in Miami, Miami -Dade County, Florida, 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, or a form 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: 05-00035 (Version: 1) Printed On: 10/31/2016
File Number: 05-00035 Enactment Number: R-05-0158
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: 05-00035 (Version: 1) Printed On: 10/31/2016