HomeMy WebLinkAboutR-15-0264City of Miami
Legislation
Resolution: R-15-0264
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00673 Final Action Date: 6/25/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT
OF $35,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI, IN THE
CASE OF DALE MILLS VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN
AND FOR MIAMI-DADE COUNTY, CASE NO. 11-15374 CA 13, UPON THE
DISMISSAL OF THE CITY OF MIAMI ("CITY") WITH PREJUDICE, ADOPTING THE
PARTIES' SETTLEMENT AGREEMENT, AND AUTHORIZING THE CITY ATTORNEY
TO TAKE ANY AND ALL ACTIONS TO PRESERVE THE CITY'S RIGHT TO
INDEMNITY AGAINST THIRD PARTIES; ALLOCATING SETTLEMENT FUNDS
FROM ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, Dale Mills filed claims and a lawsuit against the City of Miami ("City") in the Circuit
Court in and for Miami -Dade County, Case No. 11-15374 CA 13, arising from a personal injury claim;
and
WHEREAS, the City, through the City Attorney's Office, entered into a settlement agreement
subject to the final approval of the City Commission; and
WHEREAS, the Office of the City Attorney has investigated the claims and lawsuit, and
recommends that said claims and lawsuit be settled for the sum of $35,000.00, and seeks
authorization to take any and all necessary actions, including the filing of a lawsuit, to preserve its
right to indemnity against third parties;
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. Payment is hereby authorized for the total sum of $35,000.00, in full and complete
settlement of any and all claims and demands against the City, in the case of Dale Mills vs. City of
Miami, pending in the Circuit Court in and for Miami -Dade County, Case No. 11-15374 CA 13,
adopting the parties' settlement agreement, and authorizing the Office of the City Attorney to take any
and all actions, including but not limited to the filing of a lawsuit, necessary to preserve its right to
indemnity against third parties, with funds allocated from Account No.
50001.301001.545010.0000.00000.
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: 15-00673 (Version: 11 Printed On: 3/8/2018
File Number: 15-00673 Enactment Number: R-15-0264
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
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: 15-00673 (Version: 1) Printed On: 3/8/2018