HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01436 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LINDA DIEDEL $7,500
PLUS ATTORNEYS FEES AND COSTS OF $107,000 FOR A TOTAL OF $114,500,
AND DIRECTING THE CITY MANAGER TO MAKE REPAIRS AND
MODIFICATIONS TO STREETS AND SIDEWALKS WITHIN THE MAINTENANCE
JURISDICTION OF THE CITY OF MIAMI TO COMPLY WITH THE
REQUIREMENTS OF THE AMERICANS WITH DISABILITIES, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, FOR THE CASE OF LINDA DIEDEL VS. CITY OF MIAMI, IN
THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
MIAMI DIVISION, CASE NO. 08-20304-CIV-UNGARO, PURSUANT TO A
SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM;
ALLOCATING FUNDS FOR THE PAYMENT OF $114,500 FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
05002.301001.515000.0000.00000; AUTHORIZING THE CITY ATTORNEY TO
TAKE ALL LEGAL ACTION NECESSARY, INCLUDING INITIATING ANY AND
ALL ACTION, IN LAW OR IN EQUITY, TO OBTAIN REIMBURSEMENT FOR
ALL EXPENDITURES RELATING HERETO.
WHEREAS, Linda Diedel, filed a claim and lawsuit against the City of Miami, in the United
States District Court, Southern District of Florida, Case No. 02-21039-CIV-GOLD, in Miami -Dade
County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated by the Office of the City
Attorney pursuant to Section 18-232 of the Code of the City of Miami, Florida, as amended, which
created the City of Miami's Self -Insurance and Insurance Trust Fund and said Office recommends that
the claim and lawsuit be settled for the sum of $7,500 plus $107,000 for attorneys fees and costs as
well as making repairs and modifications to certain streets and sidewalks of the City of Miami as
required by the Americans with Disabilities Act;
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 Linda Diedel $7,500 plus attorneys fees
and costs in the sum of $107,000, for a total of $114,500, and the City Manager is directed to make
repairs and modifications to streets and sidewalks within the maintenance jurisdiction of the City of
Miami to comply with the requirements of the Americans with Disabilities Act, in full and complete
settlement of any and all claims and demands against the City of Miami, for the case of Linda Diedel
City of Miami Page 1 of 2 Printed On: 12/1/2008
File Number: 08-01436
vs. City of Miami, in the United States District Court, Southern District of Florida, Miami Division, Case
No. 08-20304-CIV-UNGARO, pursuant to a Settlement Agreement, in substantially the attached form,
with funds allocated for payment from the Self -Insurance and Insurance Trust Fund, Index Code No.
05002.301001.515000.0000.00000.
Section 3.The City Attorney is authorized to take all legal action necessary, including initiating
any and all action, in law or in equity, to obtain reimbursement for all expenditures relating hereto.
Section 4.This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. Bkdb ti
CITY ATTORNE
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: 12/1/2008