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Resolution
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Miami, FL 33133
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File Number: 13-01431a Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE ADDENDUM TO SETTLEMENT AGREEMENT, DATED
DECEMBER 11, 2013, IN THE CASE STYLED MICHAEL POTTINGER, ET AL. V.
CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 88-2406-CIV-MORENO.
WHEREAS, Michael Pottinger, et al., and the City of Miami ("City"), are parties to a Settlement
Agreement, effective October 1, 1998, arising from litigation in the United States District Court,
Southern District of Florida, Case No.: 88-2406-Civ-Moreno, concerning the alleged treatment of
homeless persons by the City (hereinafter the "Pottinger Settlement Agreement"); and
WHEREAS, on September 11, 2013, the City filed a Motion for Limited Modification of the
Pottinger Settlement Agreement, based on a significant change of circumstances, to request
modification of the terms of the Pottinger Settlement Agreement, which the Plaintiffs opposed; and
WHEREAS, after mediation, the parties reached a compromise to the Motion for Limited
Modification of the Pottinger Settlement Agreement, subject to the approval of the City Commission
and the approval of the Court, the terms of which are embodied in a document entitled, "Addendum to
Settlement Agreement," dated December 11, 2013, a copy of which is appended to this Resolution as
Exhibit "A";
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 Addendum to Settlement Agreement, dated December 11, 2013, in the case
styled Michael Pottinger, et al. v. City of Miami, pending in the United States District Court, Southern
District of Florida, Case No.: 88-2406-Civ-Moreno, attached and incorporated, is approved.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APROV, D AS TO FORM AND CORRECTNESS:
VI TORI MENDEZ 4
CITYATT+RNEY
Footnotes:
City of Miami
Page 1 of 2 File Id: 13-01431 a (Version: 1) Printed On: 12/17/2013
File Number:: 13-01431a
{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: 13-01431a (Version: 1) Printed On: 12/17/2013