HomeMy WebLinkAboutR-08-0699City of Miami
Legislation
Resolution: R-08-0699
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01436 Final Action Date: 12/11/2008
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 FORA 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 vs. City of Miami, in the United States District Court, Southern District of Florida, Miami
City of Miami
Page 1 of 2 File Id: 08-01436 (Version: 1) Printed On: 5/24/2017
File Number: 08-01436 Enactment Number: R-08-0699
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}
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: 08-01436 (Version: 1) Printed On: 5/24/2017