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HomeMy WebLinkAboutR-75-1084RESOLUTION 75..11,14 . A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY TO CISEGE FASHIK THE SUM OF $4,150.00 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINNT THE CITY OF MIAMI PILED ON JANU• ARY 25, 1973 FOR DAMAGES DUE TO THE CITY'S DEMOLITION OF HER PROPERTY LOCATED AT 1454 N. W. 62ND STREET, IN THE CITY OF MIAMI, WITHOUT THE ADMISSION OF LIABILITY. WHEREAS, Gisela Fashik filed suit against the City of Miami on January 25, 1473, alleging damages due to the City's demolition of her property located at 1454 N.W. 63nd Street, in the City of Miami; and WHEREAS, after investigation and extensive litigation in the Circuit Court, Case No. 73-1770, it was ascertained that the property had been demolished by T. V. Scott, the City's contractor, during a period of time in which the owner had been granted a 60-day extension of time to bring the building into compliance and despite the City's telephone and letter request to the demolition contractor not to demolish the building; and WHEREAS. under the contract of the City and T. V. foott, the City of Miami is liable for any negligence of the contractor; and • WHEREAS, the City Attorney's Office and the apl itiser for the City of Miami in this case recommend that the water be settled by the payment of $4,150.00 to Gisela Fashik in full and complete settlement of her claim against the City of Miami; NOW, THERELFOR6, SE IT RESOLVED BY THE COMMISSION Or THE CITY OF MIAMI, FLORIDA: Section 1. The Director of finance of the City of Miami is hereby authorised and directed to pay to GIUULE rASHIK the numm of $4,150.00 in full and complete settlement of her clam tiled against the City of tlisai on January•21, 1973. fax tbs "SUP,'�CRTI`!E DOCUMENTS FCLSLOW» "DOCUMENT INDEX ITFM Nn. demolition of her property located at 1454 N. W. 62nd Street, in the City of Miami, without the admission of liability. PASSED AND ADOPTED this 24TH day of InvEMAIR 1975. Prepared and Approved by: MAHRFF i-kFcall Montague Pasenberg Assistant City Attorney Approved as to Form Nld Correctness: // ohn City Attorney "S: f Pit II.. I "Int 4.70 r • $ f DUC, f :kgr e • • CITY OF MOM!, FLat IC#A INT*R•OfFICt MSMORAMDIJM +o The Honorable ?4EI bets of the City Commission ROOM f John 8. Lloyd, City Attorney / eZ VA tt October 29, 1975 sumEc? Fashik vs. City of Miaasi Circuit ;pure No. 73•1770 EN:.LOsLNES (Resolution) On January 25, 1973, Oiaele M. Fashik filed suit against the City of Miami alleging, in effect, that the City demolished "a one-story C88 building, designed and erected to functionally operate as a commercia]. restaurant facility." Tho Complaint alleged and the proof adduced showed that the buildu ing was demolished on September 13, 1972 by T. V. Scott, the City's demolition contractor during a period in which the Metropolitan Dade County Unsafe Structures Appeals Board had granted a 60-day extension to the owner to bring the building into compliance. • The Building ©enartment had notified the demolition contractor not to proceed with the work, but through his negligence for which the City, under Court rulings, is liable demolished the building even though he had been notified both by telephone and by letter not to proceed with demolition. The City's appraiser was of the opinion that the damage caused to the Plaintiff was between $8,000 and $9,000. The cause has been vigorously litigated and upon the recommendation of Assistant City Attorney Montague Rosenberg and the recommendation of the City's appraiser, Leonard A. Bisz, t recommend that the City of Miami settle Mrs. Fashik's claim for the sum of $4,150.00. JSL/MR/fl ENCL. (Resolution) •