HomeMy WebLinkAboutR-06-0521City of Miami
Legislation
Resolution: R-06-0521
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01496 Final Action Date: 9/12/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY CARL KESSER, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL 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 AND
MARTHA KESSER V. CITY OF MIAMI AND THE CITY OF MIAMI POLICE
DEPARTMENT, CASE NO. 04-22608-CIV-JORDAN/TORRES, 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, 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.
04-22608-CIV-JORDAN/TORRES; 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 $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 forth in this Section.
Section 2. The Director of Finance is authorized to pay Carl 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 and Martha
Kesser vs. City of Miami and City of Miami Police Department, in the U.S. District Court in Miami,
Florida, Case No. 04-22608-CIV-JORDAN/TORRES, 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}
Footnotes:
City of Miami
Page 1 of 2 File Id: 06-01496 (Version: 1) Printed On: 2/15/2017
File Number: 06-01496 Enactment Number: R-06-0521
{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
City of Miami Page 2 of 2 File Id: 06-01496 (Version: 1) Printed On: 2/15/2017