HomeMy WebLinkAboutR-05-0268City of Miami
Legislation
Resolution: R-05-0268
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00340 Final Action Date: 4/28/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY DAVID ALLEN, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $399,999.99, 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 DAVID ALLEN VS. CITY
OF MIAMI, ETAL., CASE NO. 03-21063-CIV-ALTONAGA, UPON EXECUTINGA
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, David Allen, individually, filed a claim and lawsuit against the City of Miami, Franklin
E. Christmas, Pablo Camacho, Carlos Avila, Jack Calvar, Nelson Andreu, Israel Gonzalez, and Leonel
Tapanes, in the United States District Court, Southern District of Florida, Case No. 03-
21063-CIV-Altonaga; 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 $399,999.99;
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 David Allen, individually, without
admission of liability, the sum of $399,999.99 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 David Allen vs.
City of Miami, et al., in the United States District Court, Southern District of Florida, Case No. 03-
21063-CIV- Altonaga, 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
the Mayor.{1}
City of Miami
Page 1 of 2 File Id: 05-00340 (Version: 1) Printed On: 11/9/2016
File Number: 05-00340 Enactment Number: R-05-0268
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: 05-00340 (Version: 1) Printed On: 11/9/2016