HomeMy WebLinkAboutR-75-0460EPPlaell
4/17/T
RESOLUTI0N NOs 5 4 0
A RESOLUTION AUTHORIZING THE DIRECTOR
OP L' VNANCE TO ACCEPT THE aUM Off' $600.00
Its PULL AND COMPLETE SETTLMENT IN THE
CLAIM OP TH2 CITY OP MIAMI VERSUS JAMES
Bi ttC ; SM TH AND AUTHORIZING THE CIS
MANAGER AND THE CIS CLERK OP TIC CIS
OP MIAMI TO EXECUTE A RELEASE RELEASING
JAMBS BRUCE SMITH PROM ANY AND ALL CLAIMS
AND DEMANDS ARISING OUT 0P THE ACCIDENT
INVOLVED IN THE ABOVE CLAIM,
WHEREAS, a claim has been filed by the City of Miami
against James Bruce Smith as a result of a collision between a
City of Miami vehicle and an automobile owned by James Bruce Smith
on August 10, 1974, and;
WHEREAS, an offer of settlement on behalf of James Bruce
Smith has been made to the City of Miami which offer is in the amount
of $600.00; 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 $600.00 in full and complete settlement of the above claim
NOW, THEEFORE, 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 $600.00 in full and complete settle-
ment in the claim of the City of Miami versus James Bruce Smith, and
the City Manager and the City Clerk of the City of Miami are authorized
to execute a release releasing James Bruce Smith from any and all claims
and demands arising out of the accident involved in the above claim.
"DOCUMENT INDEX
ITEM
CITY COMMISSION
iefEETING OF
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W3.7'
T..
PREPARED AND APPROVED BY:
APPROVED AS TO FORM AND CORRECTNESS
tb:
Honorable Member§ of
the City Commissibn
s Lloyd
d` y i' tt11
c1tY t t• i ikM1. PLbf bA
INTEWOPPlet MEMO tANDU 1
Nat: April 21, 1915
SUSJEc
tttrtaENCES:
ENCLOSURES;
Claims by the ti
Against Other§
PILE:
The City of Miami has asserted a claim in the following
two (2) cases:
1. City vs. Ronald L. Cotrtito and Main Insurance Company,
(VC-71-114;L-74-127)
This claim is based upon an automobile accident between
a City vehicle and an automobile owned by Mr. Comito
on July 17, 1971. The cost of repairs to the City
vehicle amounted to $1,079.76. After negotiation,
Mr. Comito's insurance company has offered $590.00
in full settlement of this property damage claim.
City vs. James Bruce Smith (VC-74-098)
This claim is based upon an automobile accident
between a City of Miami vehicle and an automobile
owned by Mr. James Bruce Smith on August 10, 1974.
Property damage to the City vehicle amounted to
$900.00. After negotiation, Mr. Smith's insurance
carrier has offered the sum of $600.00 in full and
complete settlement of this claim.
In both of the above cases, the question of liability is
uncertain and would have to be resolved by a Court. It is
doubtful that the City of Miami would prevail in either case,
should a lawsuit be carried to its conclusion.
In view of the foregoing, and based upon the recommendation
of Mr. Perkins of this office, I recommend that both of the
above cases be settled by acceptance of the amounts offered.
JSL:EFP:aeb
Resolution attached
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