HomeMy WebLinkAboutR-06-0594City of Miami
Legislation
Resolution: R-06-0594
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01699 Final Action Date: 10/12/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY LATIN AMERICAN GOURMET RESTAURANT,
INC., WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $250,000 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 LATIN AMERICAN GOURMET RESTAURANT INC. V. CITY OF MIAMI,
CASE NO. 05-22088 CA 13, UPON TRANSFERRING EQUIPMENT TO THE CITY
OF MIAMI AND DISMISSING THE CASE WITH PREJUDICE; ALLOCATING
AVAILABLE FUNDS FROM FISCAL YEAR 2008 GENERAL FUND, SUBJECT TO
APPROPRIATION.
WHEREAS, Latin American Gourmet Restaurant Inc., filed claims and a lawsuit against the City of
Miami ("City"), in the Florida State Circuit Court in Miami, Florida, Case No. 05-22088 CA 13; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit pursuant to
Sections 18-221 through 18-232 of the City Code, as amended, and recommends that said claim and
lawsuit be settled for the sum of $250,000;
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 Latin American Gourmet Restaurant Inc.,
without admission of liability, the sum of $250,000 in full and complete settlement of any and all
claims and demands against the City, its officers, agents and servants, in the case of Latin American
Gourmet Restaurant Inc., vs. City of Miami and City of Miami Police Department, in the United States
District Court in Miami, Florida, Case No. 05-22088 CA 13, upon dismissal of the claims with prejudice
and transfer of equipment to the City and dismissing all claims against the City with prejudice, with
available funds allocated from Fiscal Year 2008 General Fund, subject to appropriation.
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: 06-01699 (Version: 1) Printed On: 2/23/2017
File Number: 06-01699 Enactment Number: R-06-0594
{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: 06-01699 (Version: 1) Printed On: 2/23/2017