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itself IF File ID: #4025
< a R 9 Resolution
Sponsored by: Mayor Francis Suarez, Commissioner Joe Carollo, Commissioner
Manolo Reyes
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO
TAKE ANY AND ALL ACTION REGARDING THE CURRENT SETTLEMENT AGREEMENT IN
THE CASE OF MICHAEL POTTINGER, ET AL. VS. CITY OF MIAMI, IN THE UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 88-2406-CIV-MORENO.
File Number: 4025
City of Miami
Legislation
Resolution
Enactment Number: R-18-0171
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:4/26/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTION REGARDING THE CURRENT
SETTLEMENT AGREEMENT IN THE CASE OF MICHAEL POTTINGER, ET AL. VS.
CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT
OF FLORIDA, CASE NO.: 88-2406-CIV-MORENO.
WHEREAS, in 1998, the City of Miami ("City") entered into a settlement agreement
("Settlement Agreement") with Michael Pottinger and the class of plaintiffs that he represented
in the case of Michael Pottinger, et al. vs. City of Miami, in the United States District Court,
Southern District of Florida, Case No. 88-2406-CIV-MORENO relating to the interaction
between the homeless and the Miami Police Department; and
WHEREAS, in the ensuing twenty (20) years, there has been a significant change of
circumstances warranting revision and/or dissolution of the Settlement Agreement; and
WHEREAS, the City Commission finds that it is the best interest of the health, safety,
and welfare of all of the City's residents and visitors to modify and/or dissolve the settlement
agreement;
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 directed to take any and all action regarding the
Settlement Agreement in the case of Michael Pottinger, et al. v. City of Miami, in the United
States District Court, Southern District of Florida, Case No.: 88 -2406 -Civ -Moreno, including but
not limited to modification and/or dissolution of the Settlement Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 4/17/2018
' 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.