HomeMy WebLinkAboutLegislationCity of Miami
Ltegislat on
Resolution
City Hall
3500 Ran American
Drive
r�iiatni, `FL 33133
www:miarnigov.00m
'File Number: 06-0149(1 Final ActionVote:
A RESOLUTION OF THE M1AMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY CARL KESSER, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL SUM OF $180,00OIN 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 CARL
AND MARTHA KESSER V. CITY OF M4A4 4I AND THE CITY OF MIAMI POLICE
DEPARTMENT, CASE NO. O4-.22608-C,IV-JORDAN/TORR'E'S, UPON EXECUTING
A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND 'FORMER
OFFICER'S, 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, Carl and Martha .Kesser filed claims and a lawsuit against the City of -Miami and
the City of Miami Police Department, in the U.S. District Court in Miami, Florida, Case No.
O4-22808-ClV-JORDANITORRES; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit pursuant to
Sections 16-.221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claim and lawsuit be settledtor the sum of'$180,000;
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 torah in This Section.
'Section 2. The Director of finance is authorized %to pay Cart and Martha Kesser, without admission
of liability, the sum of $180,000 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 Carl andMartha Xesservs.
City of Miami and City of Miami Police Department, in the U.S. District Court in Miami, Florida, Case
No. C4-22648-CIV-JORDANITORRES, 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, 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}
Cio' of Miami
Page 1 of 2 Primed On: 848/206
File Alumber: 06-01496
APPROVED AS TO FORA AND CORRECTNESS:1�.
ORGE L. 'FENANOEZ
CITY i TTSR` Y
Footnotes:
{1) If the Mayor does not sign this Resolution, it shall become effective at the end of 4en calendar
days from the date it was passed and adopted. if the Mayor vetoes this Resoiution, it shall
become effective immediately upon override of the veto lay the City
Cin• of Miami
Page 2 of 2 Primal50n: 8/24/2 06