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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00155 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY OF MIAMI DIRECTOR OF FINANCE TO PAY SHANIKA GRAVES, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TRAVIS MCNEIL, AND ON BEHALF OF THE ESTATE OF TRAVIS MCNEIL AND THE SURVIVORS OF THE ESTATE, T.M. AND K.J.P., WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF NINE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($975,000.00) TO THE PLAINTIFF IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FORATTORNEY'S FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES, IN THE CASE STYLED GRAVES VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 13-22501-CIV-KMM, 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. 00001.980000.531010.0000.00000. WHEREAS, Shanika Graves and the City of Miami ("City") are engaged in litigation in the United States District Court Southern District of Florida, Case No.: 13-22501-CIV-KMM, concerning a wrongful death claim; and WHEREAS, the CityAttorney's Office has investigated these claims and the 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 lump sum of nine hundred seventy five thousand dollars ($975,000.00), including the claim for attorney's fees; 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 City's Director of Finance is authorized to pay Shanika Graves, as personal representative of the Estate of Travis McNeil, and on behalf of the Estate of Travis McNeil and the survivors of the Estate, T.M. and K.J.P., without admission of liability, the aggregate total sum of nine hundred seventy five thousand dollars ($975,000.00) for full and complete settlement of any and all claims and demands, including her claim for attorney's fees, against the City, its agents, officers, and employees, in the case styled as Shanika Graves vs. City of Miami, pending in the United States District Court Southern District of Florida, Case No. 13-22501-CIV-KMM, upon the execution of general releases of all claims and demands, and a dismissal of the City and all individual City employee defendants, with prejudice, with funds allocated from Account No. 00001.980000.531010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature City of Miami Page 1 of 2 File Id: 15-00155 (Version: 1) Printed On: 2/13/2015 File Number: 15-00155 of the Mayor.{1} APPROVED ASrTO F.QRF PAND CORRECTNESS: VICTORIA MEND/ CITY ATTORNE; . Footno {1} If the Mayor does not sign this Resolution, it shall become effective at the end of (10} 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: 1540155 (Version: 1) Printed On: 2/13/2015