HomeMy WebLinkAboutR-08-0265City of Miami
Legislation
Resolution: R-08-0265
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00319 Final Action Date: 5/8/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY DONALD R. SPADARO, AS LIMITED GUARDIAN
FOR JERRY FRANK TOWNSEND, WITHOUT ADMISSION OF LIABILITY, THE SUM
OF $2,200,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, ITS CURRENT OR FORMER
DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, IN THE CASE OF JERRY FRANK
TOWNSEND v. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE
NO.: 03-21072-CIV-JORDAN, UPON THE EXECUTION BY DONALD R. SPADARO,
AS LIMITED GUARDIAN FOR JERRY FRANK TOWNSEND, OF A GENERAL
RELEASE OF THE CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS,
AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE
CITY OF MIAMI, AND ALL OTHER DEFENDANTS, WITH PREJUDICE;
ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 05002.301001.545000.0000.00000.
WHEREAS, Donald R. Spadaro, as Limited Guardian for Jerry Frank Townsend, and the City
of Miami, et al., are engaged in litigation in the United States District Court, Southern District of
Florida, Case Nos.: 03-21072-Civ-Jordan, concerning the 1979 arrest, interrogation, and subsequent
prosecution of Jerry Frank Townsend; and
WHEREAS, the City Attorney's Office 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 $2,200,000;
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 Donald R. Spadaro, as Limited
Guardian for Jerry Frank Townsend, without admission of liability, the sum of $2,200,000 in full and
complete settlement of any and all claims and demands against the City of Miami, its current or
former departments, agencies, instrumentalities, officials, officers, agents, servants and employees,
in the case Jerry Frank Townsend, etc. vs. The City of Miami, et al., in the United States District
Court, Southern District of Florida, Case No. 03-21072-Civ-Jordan, upon the execution by Donald R.
Spadaro, as Limited Guardian for Jerry Frank Townsend, of a general release of the City of Miami, its
current or former departments, agencies, instrumentalities, officials, officers, agents, servants and
employees, from any and all claims and demands, and a dismissal of the City of Miami, and all other
dependents, with prejudice, on forms acceptable to the City Attorney, with funds allocated from the
City of Miami
Page 1 of 2 File Id: 08-00319 (Version: 11 Printed On: 5/3/2017
File Number: 08-00319 Enactment Number: R-08-0265
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}
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 File Id: 08-00319 (Version: 1) Printed On: 5/3/2017