HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01142 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MOHEB, INC., DOING
BUSINESS AS MR. MOE'S, THE TOTAL SUM OF $10,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF
MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF MOHEB,
INC., VS. THE CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 10-22609 CA 24, UPON THE
COURT ISSUING AN ORDER ADOPTING THE PARTIES STIPULATED
SETTLEMENT; ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.531010.0.0; AUTHORIZING THE CITY ATTORNEY TO AGREE TO
THE ATTACHED STIPULATED SETTLEMENT FOR SUBMISSION FOR COURT
APPROVAL.
WHEREAS; Moheb, Inc., d/b/a Mr. Moe's, filed a lawsuit against the City of Miami, in the Circuit
Court in and for Miami -Dade County, Florida, Case No.: 10-22609 CA 24, challenging City ordinance
12973 and seeking damages with respect to the amended hours of sales of alcoholic beverages in the
SD-2 Coconut Grove Central Commercial District.
WHEREAS, the CityAttorney'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 $10,000 upon the Court executing
an Order adopting the parties' proposed stipulated settlement;
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 fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Moheb, Inc., doing business as Mr.
Moe's, the total sum of $10,000 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 Moheb, Inc., vs. The City
of Miami, pending in the Circuit Court in and for Miami -Dade County, Florida, Case No.:10-22609 CA
24, providing that the Court issues an Order adopting the parties' stipulated settlement, with funds
allocated from Account No. 00001.980000.531010.0.0.
Section 3. The City Attorney is authorized{1} to agree to the attached stipulated settlement for
submission for Court approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
City of Miami
Page 1 of 2 File Id: 11-01142 (Version: 1) Printed On: 12/1/2011
File Number: 11-01142
APPROVED AS TO FORM AND CORRECTNESS'.'
JULIE O. BRU U`'f7
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} 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: I1-01142 (Version: I) Printed On: 12/1/2011