HomeMy WebLinkAboutR-75-0111EFP:aeb
1/10/75
RESOLUTION NO„ 75-111
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO ACCEPT THE SUM OF $498,75
IN FULL AND COMPLETE SETTLEMENT IN THE
CLAIM OF THE CITY OF MIAMI VERSUS
ARMANDO GUTIERREZ; AND AUTHORIZING THE
CITY MANAGER AND THE CITY CLERK OF THE
CITY OF MIAMI TO EXECUTE A RELEASE RE-
LEASING ARMANDO GUTIERREZ 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. Armando Gutierrez as a result of a collision between
a C i t " of Miami vehicle and an automobile owned by Armando
Gutierrez; and
WHEREAS, an offer of settlement on behalf of Armando
Gutierrez has been made to the City of Miami which offer
is in the amount of $498.75; and
WHEREAS, the City Attorney of the Cite of Miami has
advised 'hat it is in the best interest of the City of Miami
to accept said offer of $498.75 in full and complete settlement
of the above claim;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA: "DOCUMENT INDEX
ITEM MO.
Section 1. The Director of Finance is hereby authorized
and directed to accept the sum of $498.75 in full and complete
settlement in the claim of the City of Miami versus Armando
Gutierrez, and the City Manager and the City Clerk of the City
of Miami are authorized to execute a release releasing Armando
Gutierrez from any and all claims and demands arising out of
the accident involved in the above claim.
r 7.
PASSED AND ADOPTED this 12 day of FEBRUARY
1975.
PREPARED AND APPROVED BY:
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Jj 1
Robert F. Clark
Assistant City Attorney
«AURICE A„ FERRE
MAYOR
A':test: H. D. SOUTHER,_
r
APPROVED AS TO FORM AND CORRECTNESS:
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John S. Lloyd
Cit•' Attorney
City Clerk
1
NiEMORAiNDUM
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FP^.W:
HIonorablc Members of
the City Co:tmiss ion
John S,. Lloyd "
pity/Attprney -- /1
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January 15, 1975
FRS.'
Settlement of Cit'v Claims
Against Others
c4CLosuP.=_n:
In the following two (2) claims, motor vehicles owned
by the following individuals were involved in accidents with
motor vehicles owned by the City of Miami. Both of these
claims are in an area of doubtful liability:
1. ARMMANDO GUTIEP.REZ : This accident took place on
February 26, 1974, near Northwest North River Drive
and Northwest 36th Avenue, in the City of Miami.
Damages to the City vehicle amounted to $665,00.
In this case, Mr. Gutierrez, according to his
insurance company, has stated that an unknown
third vehicle was the cause of the accident.
After negotiation, the carrier for Mr. Gutierrez
has offered to pay 75;' of the damages sustained
by the City vehicle, in the amount of $498.75
in full and complete settlement of the City's claim
against Gutierrez.
2. I3URRITT, SUB R.S AND WORLEY, INCORPORATED, and
KEI,FNETI3 BOYD BURRITT: This accident took place on
February 16, 1971 near Southwest 16th Avenue and
Southwest loth Street, in the City of Miami. This
is an accident in the center of an intersection and
involves the question of which driver should have
yielded the right-of-way and it is quite possible
that a Court determination could favor either driver.
After negotiation, the insurance carrier for Burritt,
Subers and Worley, Incorporated, has agreed to pay
the sum of $1,017.86 or 60% of the City's original
claim of $1, 69G.4 4 in full settlement of this property
damage claim.
TO: Hon. Members tho January ] 5, 1975
City Commission
Ito; Sctticment of City Claims
Ajains t Others
Based on the recommendation of Mr. Perkins of this office,
as well as consideration of the doubtful legal aspects of both
cases, I recommend that the above offers be accepted in full
settlement of these two (2) property damage claims,
JSL:aeb
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