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HomeMy WebLinkAboutR-16-0509City of Miami Legislation Resolution: R-16-0509 File Number: 1236 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/27/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DEBORAH YURTKURAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PAMELA PLUMMER, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS AND EMPLOYEES, AND LARRY ELLIS, ARISING OUT OF AN ACCIDENT ON APRIL 8, 2016, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. WHEREAS, Deborah Yurtkuran, as Personal Representative of the Estate of Pamela Plummer, has asserted a wrongful death claim against the City of Miami ("City") arising out of an alleged accident on April 8, 2016 in the area of Northwest 17th Avenue and 7th Street, Miami, Florida; and WHEREAS, the City Attorney's Office has investigated the claim and, pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, recommends that said claim be settled for the lump sum of two hundred thousand dollars ($200,000.00), including any claim for attorney's fees; 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 Director of Finance is authorized' to pay Deborah Yurtkuran, as Personal Representative of the Estate of Pamela Plummer, without admission of liability, the aggregate total sum of two hundred thousand dollars ($200,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorney's fees, against the City and its officers, agents and employees, and Larry Ellis, arising out of the accident on April 8, 2016, upon the execution of general release of all claims and demands against the City and its officers, agents and employees, and Larry Ellis; allocating funds from Account No. 00001.980000.531010.0000.00000. ' 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. City of Miami Page 1 of 2 File ID: 1236 (Revision:) Printed On: 6/12/2018 File ID: 1236 Enactment Number: R-16-0509 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ria ndez, ity ttor ey 10/18/2016 2 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: 1236 (Revision:) Printed on: 6/12/2018