HomeMy WebLinkAboutR-75-0788RESOLUTION NO. 7 488_
A RESOLUTION AUTHORIZING THE DIRECTOR
OE FINANCE TO ACCEPT THE SUM OF' $53.50
IN FULL AND COMPLETE SETTLEMENT IN THE
CLAIM OF THE CITY OE MIAMI VERSUS GLOt3IA
BETANCOURT; AND AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK OE THE CITY Or
MIAMI TO EXECUTE A "RELEASE RELEASING
GLORIA BETAN'COURT 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 Gloria Bentancourt as a result of a collision between
a City of Miami vehicle and an automobile owned by Gloria
Betancourt.
WHEREAS, an offer of settlement on behalf of Gloria
Betancourt has been made to the City of Miami which offer is
in the amount of $53.50; 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 $53.50 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 $53.50 in full and complete
settlement in the claim of the City of Miami versus Gloria
Betancourt, and the City Manager and the City Clerk of the City
of Miami are authorized to execute a release releasing Gloria
Betancourt from any and all claims and demands arising out of
the accident involved in the above claim. "DOCUMENT INDEX
ITEM P,
CITY COMMISSI•ON
MEETING OF
SEP4 19755p
RE$O4.UTION NO " ;/(I; „
REMARKS; ,,,.,....�
PASSED AND ADOPTED thus LITA day
PPARtD AND APPROVtD P s
C `�/'
Robert F. Clark
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
John S. Lloyd
City Attorney
r SE:-TAMARR ,
CITY OP MIAAMI, PL Ot(b&
Honorable Members of
tha City Commission
ahn s. =y
City Attorney
IN1`t t PPICe ME M+ ANt 6JM
DAtt:
subrr:ct
Cult' 24, 1975
settlerner7t of City
Against Others
REtEitttiets,
EsieLBsuRts: resolutions (2)
me CV-74-01:
C`-74-117
aims
City of Miami vs. Betancourt, Gloria - ,pile #CV- 4-ll7
In this claim a motor vehicle owned by Betancourt was in-
volved in an accident with a motor vehicle owned by the
City of Miami, This accident took place on December 26,
1973 on East 34th St., approximately 150' west of East
4th Avenue.
Damages to the City vehicle amounted to $153.50,
In this case the City vehicle was heading east on 34th St.
when the vehicle operated by Betancourt was backing out
of a private driveway and struck the City vehicle.
We have been offered by the Division of Rehabilitation &
Liquidation of the State of Florida in receivership of the
Gateway insurance Company the amount of $53.50 since they
have a $100.00 statutory deductible which would be applied
to this case.
2. City of Miami vs. Mary Macintosh Services - File #VC-74-05i
In this case, a motor vehicle owned by -ary Macintosh S
was involved in an accident with a motor
City of Miami. This claim is in the area
This accident took place on March 14,
at its intersection with Beacon Blvd.
Damages to the City vehicle amounted to $201.70. This accident
took place when a Ford Truck owned by
on Beacon Street, approached the inter
7th Street. The truck had a green lig
the intersection when a Police car own
on an emergency call using blue lights headlights
was heading West on Southwest 7th Stre
end of the truck in question.
ervices
vehicle owned by the
of doubtful liability.
1974, on Southwest 7th St.
Mary Macintosh Services
section with Southwest
ht and proceeded through
ed by the City of Miami
and sirens
et and ran into the frant
"SUPPORTIVE
DOCUMENTS
FOLLOW"
t `14.Attll.1, 4t4Y Oct
Re: Settlements ut laity Claims
Against Others
it is my estimation that this is a cuestionable ease of
liability since the truck mated by Mary Macintosh Services
proceeded normally with the green light at a normal: rate
of speed through the intersection and the Police vehicle
should have exercised reasonable care when approaching
the intersection
Mary Macintosh Services have offered $65 23 as payment of
one third of the damage to the City vehicle by their insurance
company Liberty Mutual Insurance Company.
Based on recommendations from Mr. Santana of this office, as
well as consideration of the doubtful lecal aspects of this
case, I recommend that the above offers be accepted in full
settlement of this property damage claim.
JSL/MS/aeb
Enclosures (2)
"SUPPORT\/E
DOCUMENTS
FOLLOW"