HomeMy WebLinkAboutR-16-0401Vop City of Miami
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Resolution: R-16-0401
File Number: 16-00985
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/8/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY ATTORNEY TO SETTLE ALL CLAIMS ARISING FROM
THE CASE OF JAMES EDWARD HOEFLING, JR. VS. CITY OF MIAMI, RICARDO
ROQUE, AND JOSE GONZALEZ, CASE NO. 11-22358-CIV-LENARD/GOODMAN,
IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA,
IN THE AMOUNT OF $195,000.00, WITHOUT ADMISSION OF LIABILITY,
PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT AND RELEASE;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME, IN SUBSTANTIALLY
THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM ACCOUNT
NO. 50001.301001.545010.0000.00000.
WHEREAS, the City of Miami ("City"), Officer Ricardo Roque, and Sergeant Jose Gonzalez
(collectively, the "City"), were sued in the United States District Court Southern District of Florida, in
the case of James Edward Hoefling, Jr. vs. City of Miami, Ricardo Roque, and Jose Gonzalez, Case
No. 11-22358-Civ-Lenard/Goodman, for the seizure and destruction of the plaintiff's vessel on August
20, 2010; and
WHEREAS, the City and James Edward Hoefling, Jr. ("Plaintiff') have agreed to settle all
claims arising from, or relating to, the lawsuit, subject to the final approval of the City Commission;
and
WHEREAS, the Office of the City Attorney has investigated these claims and the lawsuit and
recommends settlement of the matter in the amount of $195,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Attorney is hereby authorized to settle all claims arising in the case of
James Edward Hoefling, Jr. vs. City of Miami, Ricardo Roque, and Jose Gonzalez, Case No.
11-22358-Civ-Lenard/Goodman in the amount of $195,000.00, pursuant to the terms of the
Settlement Agreement and Release, attached and incorporated.
Section 3. The City Manager is authorized {1 } to execute the Settlement Agreement and
Release, in substantially the attached form, and all necessary documents, in a form acceptable to the
City Attorney, to effectuate the Settlement.
Section 4. The Director of Finance is authorized to pay the Plaintiff the total sum of
$195,000.00, in satisfaction of all claims arising from James Edward Hoefling, Jr. vs. City of Miami,
City of Miand Page 1 of 2 File Id. 16-00985 (Version: 2) Printed On: 5/24/2018
File Number: 16-00985
Enactment Number: R-16-0401
Ricardo Roque, and Jose Gonzalez, Case No. 11-22358-Civ-Lenard/Goodman, with funds allocated
from Account No. 50001.301001.545010.0000.00000.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id. 16-00985 (Version: 2) Printed On: 5/24/2018