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HomeMy WebLinkAboutR-05-0219City of Miami Legislation Resolution: R-05-0219 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00271 Final Action Date: 4/14/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY PHYLLIS SINGLETON, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF NICHOLAS SINGLETON, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $350,000 (THREE HUNDRED FIFTY 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 PHYLLIS SINGLETON, ETC., ET AL. VS. CITY OF MIAMI, ETC. ETAL., CASE NO. 03-21046-CIV-COOKE, 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, Phyllis Singleton, individually, and as Personal Representative of the Estate of Nicholas Singleton, deceased, filed a claim and lawsuit against the City of Miami, City Manager Carlos Gimenez, Chief Raul Martinez, Officer Javier Gonzalez, Officer Rafael Borroto and Officer Brian Wilson, in the United States District Court, Southern District of Florida, Case No. 03- 21046-CIV-Cooke; and WHEREAS, the Office of the City Attorney 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 $350,000; 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 Phyllis Singleton, individually, and as personal representative of the Estate of Nicholas Singleton, without admission of liability, the sum of $350,000 (Three Hundred Fifty 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 Phyllis Singleton, etc., et al. vs. City of Miami, etc., et al., in the United States District Court, Southern District of Florida, Case No. 03-21046-CIV-Cooke, upon executing a general release of the City of Miami, its present and former officers, agents and employees, on a form acceptable to the City Attorney, 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 City of Miami Page 1 of 2 File Id: 05-00271 (Version: 1) Printed On: 11/3/2016 File Number: 05-00271 Enactment Number: R-05-0219 the Mayor.{1} 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: 05-00271 (Version: 1) Printed On: 11/3/2016