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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01274 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JOHN L. HARACZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $65,000 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 JOHN L. HARACZ VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 02-16946 CA 01, UPON THE EXECUTION BY JOHN L. HARACZ, OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. WHEREAS, John L. Haracz and the City of Miami are engaged in litigation in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case Nos. 02-16946 CA 01, concerning a personal injury sustained on September 21, 2000, when he was struck by a City concrete garbage container; 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 $65,000; 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 John L. Haracz, without admission of liability, the sum of $65,000 in full and complete settlement of any and all claims and demands against the City of Miami, in the case John L. Haracz vs. City of Miami, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No. 02-16946 CA 01, upon the execution by John L. Haracz, of a general release and dismissal of the City of Miami from any and all claims and demands, on forms acceptable to the City Attorney, 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 Printed On: 10/16/2007 File Number: 07-01274 APPROVED AS TO FORM AND CORRECTNESS: JORGEL. F RNANDEZ CITY A 17OIINEY 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 Commission. City of Miami Page 2 of 2 Printed On: 10/16/2007