HomeMy WebLinkAboutR-07-0125City of Miami
Legislation
Resolution: R-07-0125
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00292 Final Action Date: 3/8/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION INITIATING CONFLICT
RESOLUTION PROCEDURES, PROVIDED BY CHAPTER 164, FLORIDA
STATUTES, IN ORDER TO RESOLVE A CLAIM AGAINST MIAMI-DADE COUNTY
ARISING FROM A MOTOR VEHICLE ACCIDENT WHICH OCCURRED JULY 4,
2005, BETWEEN TWO SOLID WASTE TRUCKS OWNED, RESPECTIVELY, BY
THE CITY OF MIAMI AND MIAMI-DADE COUNTY; AUTHORIZING THE CITY
ATTORNEY TO TAKE ALL FURTHER ACTIONS REQUIRED BY SAID CONFLICT
RESOLUTION PROCEDURES PRIOR TO COMMENCING COURT PROCEEDINGS
AGAINST MIAMI-DADE COUNTY.
WHEREAS, on July 4, 2005, a Miami -Dade County ("County") solid waste truck negligently
collided with a City of Miami ("City") solid waste truck, causing the City to incur damages; and
WHEREAS, the City's claims administrator, Gallagher Bassett Services, notified the County, via a
letter dated June 13, 2006, of the City's outstanding claim for damages, and requested same be paid;
and
WHEREAS, the County's Risk Management Division denied the City's claim in a letter dated
September 8, 2006; and
WHEREAS, the City Attorney, prior to initiating the conflict resolution procedures found in Chapter
164, Florida Statutes, contacted the County Attorney's Office, via a letter dated December 26, 2006,
requesting that the conflict be amicably resolved without using Chapter 164; and
WHEREAS, the County Attorney's Office denied the City's claim a second time in a letter dated
January 18, 2007;
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 Miami City Commission hereby initiates the conflict resolution procedures,
provided by Chapter 164, Florida Statutes, in order to resolve a claim against the County arising from
a motor vehicle accident which occurred July 4, 2005, between two solid waste trucks owned,
respectively, by the City and the County.
Section 3. The City Attorney is authorized {1 } to take all further actions required by said conflict
resolution procedures prior to commencing court proceedings against the County.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
City of Miami
Page 1 of 2 File Id: 07-00292 (Version: 1) Printed On: 3/20/2017
File Number: 07-00292 Enactment Number: R-07-0125
the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including, but not limited to, those prescribed by applicable City
Charter and Code provisions.
{2} 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: 07-00292 (Version: 1) Printed On: 3/20/2017