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HomeMy WebLinkAboutR-11-0054City of Miami Legislation Resolution: R-11-0054 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00061 Final Action Date: 2/10/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AT&T COMMUNICATIONS OF THE SOUTHERN STATES, INC., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $200,000 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 AT&T COMMUNICATIONS OF THE SOUTHERN STATES, INC. VS. CITY OF MIAMI AND MIAMI-DADE COUNTY, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.: 02-30570 CA 27, UPON THE EXECUTION BY AT&T COMMUNICATIONS OF THE SOUTHERN STATES, INC., OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 05002.301001.545000.0000.00000. WHEREAS, AT & T Communications of the Southern States, Inc., filed a claim and lawsuit against the City of Miami and Miami -Dade County, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No.: 02-30570 CA 27, concerning a claim of alleged overpayment of Public Service Taxes to the City of Miami during the period June 1, 1998 through December 31. 1999; 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 $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 AT&T Communications of the Southern States, Inc., without admission of liability, the sum of $200,000 in full and complete settlement of any and all claims and demands against the City of Miami, in the case of AT&T Communications of the Southern States, Inc. v. City of Miami and Miami -Dade County, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No.: 02-30570 CA 27, upon the execution by AT&T Communications of the Southern States, Inc., of a general release and dismissal with prejudice of the City of Miami from any and all claims and demands raised in said lawsuit, on forms acceptable to the City Attorney, with funds allocated from Account 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: 11-00061 (Version: 1) Printed On: 9/27/2017 File Number: 11-00061 Enactment Number: R-11-0054 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: 11-00061 (Version: 1) Printed On: 9/27/2017