HomeMy WebLinkAboutR-07-0548City of Miami
Legislation
Resolution: R-07-0548
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01188a Final Action Date: 9/27/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO OFFER AND THE DIRECTOR OF FINANCE TO PAY, IF OFFER
IS ACCEPTED, FEILER & LEACH, P.L., ON BEHALF OF JUAN AGUIRRE,
WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $80,000, 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 JUAN AGUIRRE VS. CITY OF MIAMI, IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO:
04-23205-CIV-HIGHSMITH 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. 05002.301001.545000.0000.00000.
WHEREAS, Juan Aguirre filed a claim and a lawsuit against the City of Miami, in the United
States District Court Southern District of Florida, Case No.: 04-23205-CIV-HIGHSMITH; 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 $80,000;
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 City Attorney is authorized to offer and the Director of Finance is authorized to
pay, if offer is accepted, Feiler & Leach, P.L., on behalf of Juan Aguirre without admission of liability,
the sum of $80,000, 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 Juan Aguirre vs. City of Miami, in the
United States District Court Southern District of Florida, Case No.: 04-23205-CIV-HIGHSMITH 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. 05002.301001.545000.0000.00000.
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: 07-01188a (Version: 1) Printed On: 4/14/2017
File Number: 07-01188a Enactment Number: R-07-0548
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.
City of Miami Page 2 of 2 File Id: 07-01188a (Version: 1) Printed On: 4/14/2017