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151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. _____ _ A Resolution ratifying the settlement of Case No. 09-81417 CA-27, W. Ajibola Balogun v. City of South Miami, and authorizing the issuance of a check in the amount of $11,500 from account No. 001.1500.514.3410, City Attorney Other Contractual Service paid to the order of Neil Flaxman as complete settlement of all claims, including attorney fees and costs. WHEREAS, W. Ajibola Balogun ("Balogun") filed a lawsuit against the City of South Miami (the "City") seeking public records, as well as attorney fees and costs; and WHEREAS, Mr. Balogun claimed that his damages, including fees and costs exceeded $16,000; and WHEREAS, the City has determined that a reasonable settlement of this lawsuit is $11,500; and /0- NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby ratifies the settlement of the claims of W. Ajibola Balogun for the total amount of $11,500 and the City is hereby authorized to issue a check in the amount $11,500 from account No. 001.1500.514.3410, City Attorney Other Contractual Service account which currently has a balance of $191 ,025 .60. Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this __ day of _____ , 2012. ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: CITY ATTORNEY Commissioner Welsh: Page 1 of 1