HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01309 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE.
DIRECTOR OF FINANCE TO PAY MARIA OCHOA, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $46,000, 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, IN THE CASE STYLED, MARIA OCHOA VS. THE CITY OF MIAMI,
ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT,
CASE NO. 09-58905 CA 13, UPON THE EXECUTION OF GENERAL RELEASES
OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI
WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
05002.301001.545000.0000.00000.
WHEREAS, Maria Ochoa 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 No.: 09-58905 CA 13 concerning
an incident on August 31, 2005, at approximately 1:00 a.m., at the 27th Avenue and NW. 20nd St.,
Miami; and
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 $46,000;
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 fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Maria Ochoa, without admission of
liability, the sum of $46,000, in full and complete settlement of any and all claims and demands,
including attorney's fees and costs, against the City of Miami, its agents, officers and employees, in
the case of Maria Ochoa vs. The City of Miami, et al., pending in the Circuit Court of the 11th Judicial
Circuit in and for Miami -Dade County, Florida, Case No. 09-58905 CA 13, upon the execution of
general releases of all claims and demands, and a dismissal of the City of Miami, Carlos Decespedes
and Giovanni Nunez, 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}
City of Miami Page 1 of 2 File Id: 12-01309 (Version: 1) Printed On: 11/14/2012
File Number: 12-01309
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITYATTORNEYI4
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 Mianti Page 2 of 2 File Id: 12-01309 (Version: 1) Printed On: 11/14/2012