HomeMy WebLinkAboutR-18-0181opCity of Miami
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Legislation
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Resolution: R-18-0181
File Number: 3966
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/10/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY EMMANUEL REYES, WITHOUT ADMISSION
OF LIABILITY, THE AGGREGATE TOTAL SUM OF SEVENTY-FIVE THOUSAND
DOLLARS ($75,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S
FEES, AGAINST ZULEMA DOMINGUEZ, NESTOR AMORES, THE CITY OF
MIAMI, AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE
STYLED EMMANUEL REYES VS. CITY OF MIAMI, ET AL., PENDING IN THE
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA,
CASE NO.: 17 -22152 -CIV -UNGARO, UPON THE EXECUTION OF GENERAL
RELEASES OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY
OF MIAMI, ZULEMA DOMINGUEZ, AND NESTOR AMORES WITH PREJUDICE;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, Emmanuel Reyes and the City of Miami ("City") are engaged in litigation in
the United States District Court Southern District of Florida, Case No.: 17 -22152 -CIV -Ungaro,
concerning an alleged wrongful police shooting claim; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit,
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and lawsuit be settled for the lump sum of seventy-
five thousand dollars ($75,000.00), including the 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 Emmanuel Reyes, without
admission of liability, the aggregate total sum of seventy-five thousand dollars ($75,000.00) for
full and complete settlement of any and all claims and demands, including his claim for
attorney's fees, against Nestor Amores, Zulema Dominguez, the City, its agents, officers, and
employees in the case styled as Emmanuel Reyes vs. City of Miami, et al., pending in the
United States District Court Southern District of Florida, Case No. 17 -22152 -CIV -UNGARO,
upon the execution of general releases of all claims and demands, and a dismissal of the City,
Nestor Amores, and Zulema Dominguez, with prejudice, with funds allocated from Account No.
50001.301001.545010.0000.00000.
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 City Code
provisions.
City of Miami Page 1 of 2 File ID: 3966 (Revision:) Printed On: 8/28/2018
File ID: 3966
Enactment Number: R-18-0181
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.Z
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor iey 4/25/2018
Z 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: 3966 (Revision:) Printed on: 8/28/2018