HomeMy WebLinkAboutR-77-0949AK/aeb
11/15/77
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RESOLUTION NO.
_949
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO ACCEPT THE SUM OF $ 380.64
IN FULL AND COMPLETE SETTLEMENT IN THE
CLAIM OF THE CITY OI' MIAMI VERSUS MELVIN
ARTHUR BURSTEIN; AND AUTIORIZING THE CITY
MANAGER AND THE CITY CLERK OF THE CITY OF
MIAMI TO EXECUTE A RELEASE RELEASING MELVIN
ARTHUR BURSTEIN, FROM ANY AND ALL CLAIMS AND
DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED
IN THE ABOVE CLAIM.
WHEREAS, a claim has been filed by the City of Miami against
Mr. Melvin Arthur Burstein, as a result of a collision between a
City of Miami vehicle and a vehicle owned and operated by Mr. Melvin
Arthur Burstein; and
WHEREAS, an offer of settlement on behalf of Arthur Melvin
Burstein, has been made to the City of Miami which offer is in the
amount of $380.64; and
WHEREAS, the City Attorney of the City of Miami has advised
that it is in the best interest of the City of Miami to accept said
offer of $380.64 in full and complete settlement of the above claim;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
and directed to accept the sum of $380.64 in full and .complete settle-
ment in the claim of the City of Miami versus Arthur Melvin Burstein,
and the City Manager and the City Clerk of the City of Miami are
authorized to execute a release releasing Melvin Arthur Burstein from
any and all claims
in the above claim.
and demands arising out
of the accident involved
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CITY COMMISSION
MUTING OF
DEC : 5 1977
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DECEMER, 1977.
PASSED AND ADOPTED this 151H day of
MAURIC A. FFRRF
MAYOR
-------
Attest. ( ii"..-/ —)
Cit /Clerk
PREPARED AND APPROVED BY!
Jose B. Alvarez
Deputy City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
eorge F. Kno.',
City Attorney
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November 16, 1977
The Honorable Members
of the City Commission City of Miami vs.
BURSTEIN, Melvin A.
George F. I'.ox,
Cit
CV-77-077
D/A: 10/7/77
P/A: N.W. 6th St. & NW 1st Ave.,
Miami, Florida
Resolution
This property amage collection claim involves Fire Prevention
vehicle =2127, a 1968 Plymouth Valiant, 4 door sedan.
The adverse vehicle driven by Melvin Burstein failed to yield
from a stop sign and struck the City vehicle which was traveling
on a thru street. Liability is fully against Mr. Burstein.
Repair costs as concerns the City vehicle using new parts is, as
noted in the Motor Pool estimate $ 775. 75 .
The adverse insurance carrier's adjuster, Crawford & Company,
prepare:] an estimate of $380.64 with available used parts. The
latter is acceptable due to the condition, age and mileage on the
City vehicle. The amount of $330.64 has been offered in settlement
by the adverse persons insurance company.
Recently, an auction of City vehicles broughta high of $550.00 on
this tvoe vehicle.
By law if the repair cost is 75;' of its value, the vehicle is a
constructive total loss. This amount is $412.50 or $31.86 more
than the low estimate of repair.
The above collection Maim has been investigated by the Torts
Division of the City Attorney's Office and said office recommends
acceptance of negotiated amount of $380.64 in settlement of this
claim. The City is to retain the salvage and dispose of it as a
constructive total loss.
GFK/AK/PK/aeb
Enc. (Resolution)