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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Resolution __, la.- Subs h foe -mill City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00243 Final Action Date: DO Z0Q mPv rn 5 cn-0 rnz rn� z. m Zr. -13 T d co 73 co z -' g o c z rn Z A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARGARITTE DINGLE, THEOANDRIA KENDRICK, A MINOR BY HER MOTHER AND NATURAL GUARDIAN DENISE DAVIS, MICHAEL JOHNSON, SR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL JOHNSON, JR., AND KEVARIS DAUGHTY, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $200,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, THE POLISH AMERICAN CLUB OF MIAMI, INC., DIANE THOMAS, AND OTHER PERSON OR ENTITY THAT MAY HAVE LIABILITY, IN THE CASES STYLED, MARGARITTE DINGLE VS. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT 0 COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09-44632 CA 13, AND THEOANDRIA KENDRICK, ETC., ET AL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CW CIRCUIT, CASE NO.: 09-44642 CA 13, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. w m n 0 0 WHEREAS, Margaritte Dingle, Theoandria Kendrick, a minor by her mother and natural guardian Denise Davis, Michael Johnson, Sr., as Personal Representative of the Estate of Michael Johnson, Jr., and Kevaris Daughty, the Polish American Club of Miami, Inc., and the City of Miami, are engaged in litigation in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade County, Florida, Case Nos.: 09-44642 CA 13 and 09-44642 CA 13, concerning a shooting incident on Sunday, June 17, 2007, at approximately 1:15 a.m., at the Polish American Club of Miami, Inc., 1250 Northwest 22nd Avenue, Miami, Florida; and WHEREAS, the City Attorney's Office has investigated these claims 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 claims and lawsuit be settled for the sum of $200,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF NIIAMI, 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 Margaritte Dingle, Theoandria Kendrick, a minor by her mother and natural guardian Denise Davis, Michael Johnson, Sr., as Personal Representative of the Estate of Michael Johnson, Jr., and Kevaris Daughty, without admission of liability, the aggregate total sum of $200,000 in full and complete settlement of any and City of Miami l�-0o2g0egislat 0 - sots Page 1 of 2 File Id: 11-00243 (Version: 2) Printed On: 3/23/2011 File Number: 11-00243 ail claims and demands, including attorney's fees and costs, against the City of Miami, its agents, officers and employees, the Polish American Club of Miami, Inc., Diane Thomas, and any other person or entity that may have liability in the cases of Margaritte Dingle v. The Polish American Club of Miami, Inc., et al., and Theoandria Kendrick, etc., et al., vs. The Polish American Club of Miami, Inc., et al., pending in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade County, Florida, Case Nos.: 09-44642 CA 13 and 09-44642 CA 13, upon the execution of general releases of all claims and demands, and a dismissal of the defendants with prejudice, with funds allocated from Account No. 05002.301001.545000.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1) APPROVED AS TO FORM AND CORRECTNESS: JULIE 4. BRU CITY/ATTORNEY F motes : {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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Page 2 of 2 File Id: 11-00243 (Version: 2) Printed On: 3/23/2011 SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Ffl 'umber: 11-00243 Final Action Date: A ' . OLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIR OR OF FINANCE TO PAY MARGARITTE DINGLE, THEOANDRIA KEND K, A MINOR BY HER MOTHER AND NATURAL GUARDIAN DENISE DAVIS, LY ANERSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHA. JOHNSON, JR., AND DEVARIS DAUGHTY, WITHOUT ADMISSION OF LIABILI THE AGGREGATE TOTAL SUM OF $200,000, IN FULL AND COMPLETE S LEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING A • ' NEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, At NTS AND EMPLOYEES, IN THE CASES STYLED, MARGARITTE DING VS. THE POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., PENDING IN THE RCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09 44632 CA 13, A ' THEOANDRIA KENDRICK, ETC., ET AL., V. THE POLISH AMERICAN CLU: •F MAIMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDIL CIRCUIT, CASE NO.: 09-44642 CA 13, UPON THE EXECUTION OF GENE' • RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CI ' F MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 050 .301001.545000.0000.00000. WHEREAS, Margaritte Dingle, Theoandria -ndrick, a minor by her mother and natural guardian Denise Davis, Emily Anderson, as Persona epresentative of the Estate of Michael Johnson, Jr., and Kevaris Daughty, the Polish American Club of 'ami, Inc., and the City of Miami, are engaged in litigation in the Circuit Court of the 11th Judicial Circui and for Miami -Dade County, Florida, Case Nos.: 09-44642 CA 13 and 09-44642 CA 13, concerning a sooting incident on Sunday, June 17, 2007, at approximately 1:15 a.m., at the Polish American C1 of Miami, Inc., 1250 NW. 22nd Ave., Miami; and WHEREAS, the City Attorney's Office has investigated the claims and lawsuit, pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, FI. 'de, as amended, and recommends that said claims and lawsuit be settled for the sum of $2o 000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION • THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Re 'lution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is authorized to pay Margaritte Dingle, The• dria Kendrick, a minor by her mother and natural guardian Denise Davis, Emily Anderson, as 'ersonal Representative of the Estate of Michael Johnson, Jr., and Kevaris Daughty, without admis •n of liability, the aggregate total sum of $200,000 in full and complete settlement of any and all c s and demands, including attomey's fees and costs, against the City of Miami, its agents, officers an employees, in the cases of Margaritte Dingle v. The Polish American Club of Miami, Inc., et al., City of Miami Page 1 of 2 File Id: 11-00243 (Version: 1) Primed On: 3/14,2 SUBSTITUTED File Number: 11-00243 Theoandria Kendrick, etc., et al., vs. The Polish American Club of Miami, Inc., et at, pending in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade County, Florida, Case Nos.: 09-44642 A 13 and 09-44642 CA 13, upon the execution of general releases of all claims and demands, and a missal of the City of Miami, with prejudice, with funds allocated from Account No. 0 42.301001.545000.0000.00000. Se the May on 3. This ' esolution shall become effective immediately upon its adoption and signature of 1} APPROVED + TO FOM AND CORRECTNESS: ccr JULIE CITY A r: ORNEY Foo S es : {1) If the Mayor does not sign this solution, it shall become effective at the end of ten calendar days from the date it was passed an dopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon o 'de of the veto by the City Commission. G7ryofMianrf Page 2 of 2 File Id: 11-00243 (Version: 1) Printed On: 3/14/201