HomeMy WebLinkAboutR-05-0460City of Miami
Legislation
Resolution: R-05-0460
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00679 Final Action Date: 7/28/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY MICHAEL FEILER, ESQUIRE, TRUST
ACCOUNT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $175,000, 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 DAISY MONTES V. THE CITY OF MIAMI, IN THE UNITED STATED
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.
03-20065-CIV-GOLD/SIMONTON, UPON THE EXECUTION OF A GENERAL
RELEASE, ACCEPTABLE TO THE CITY ATTORNEY, OF ALL CLAIMS AND
RELEASING 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. 515001.624401.6.661.
WHEREAS, Daisy Montes, filed a claim and lawsuit against the City of Miami in the United
States District Court, Southern District of Florida, Case No. 03-20065-CIV-GOLD/SIMONTON, in
Miami, Miami -Dade County, Florida; 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
recommend that said claim and lawsuit be settled for the sum of $175,000;
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 Michael Feiler, Esquire, Trust Account,
without admission of liability, the sum of $175,000, 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 Daisy
Montes v. City of Miami, in the United States District Court, Southern District of Florida, Case No. 03-
20065-CIV-GOLD/SIMONTON, upon the execution of a general release of all claims releasing 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.
515001.624401.6.661.
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: 05-00679 (Version: 11 Printed On: 11/22/2016
File Number: 05-00679 Enactment Number: R-05-0460
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: 05-00679 (Version: 1) Printed On: 11/22/2016