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HomeMy WebLinkAboutR-11-0456City of Miami Legislation Resolution: R-11-0456 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-01039 Final Action Date: 11/17/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARIA PENTON THE TOTAL SUM OF $35,000, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF MARIA PENTON VS. THE CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 09-3257 CA 31, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANT WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. WHEREAS, Maria Penton filed a claim and lawsuit against the City of Miami, in the Circuit Court in and for Miami -Dade County, Florida, Case No.: 09-3257 CA 31, arising from a February 14, 2008 motor vehicle accident; 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 $35,000; 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 Maria Penton the total sum of $35,000 in full and complete settlement of any and all claims and demands against the City of Miami, its agents, officers and employees, in the case of Maria Penton v. City of Miami, pending in the Circuit Court in and for Miami -Dade County, Florida, Case No.: 09-3257 CA 31, upon executing a general release of the City of Miami, its officers, agents and employees, from any and all claims and demands, 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} Footnotes: City of Miami Page 1 of 2 File Id: 11-01039 (Version: 1) Printed On: 10/23/2017 File Number: 11-01039 Enactment Number: R-11-0456 {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: 11-01039 (Version: 1) Printed On: 10/23/2017