Res. No. 113-00-11006RESOLUTION NO.U3-00-11006
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
CLAIMS;APPROVING ISSUANCE OF A SETTLEMENT
CHECK IN THE CASE OF HERNANDEZ V.CITY OF SOUTH
MIAMI;CHARGING THE AMOUNT OF $55,000.00 TO
ACCOUNT NO.504-1500-514-9925,SELF-INSURANCE FUND;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Mayor andCity Commission of theCity of SouthMiami
approved Resolution No.101-00-01994,settlingtheclaiminthesuit styled Rafael
P.Hernandez,Jr.v.City of South Miami,Case No.97-20583 CA 11 (Fla.11th Cir.
Ct,1997);and,
WHEREAS,the City Attorney advised thatitwasinthe best interest of the
Citytosettletheclaimintheamount of $110,000.00;and
WHEREAS,theCityistoissue payment inthe amount of $55,000.00 to
"RalphP.Hernandez,Jr."infullandfinalsettlement of thisclaim.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1.Payment of thesettlement of theclaimin Hernandez v.City
of South Miami intheamount of $55,000.00shallbeissuedto "Ralph P.
Hernandez,Jr.,"charging accountno.504-1500-514-9925,the self-insurance
fund.
Section 2.This resolution shall take effect immediately upon approval.
PASSEDANDADOPTEDthis16thdayof May
ATTEST:.APPROVED:
,2000.
CITY CLERK
READ AND APPROVED AS TO FORM:
/U
CITY ATTORNEY
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner Russell:Yea
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Page2 of2
Resolution No.113-00-11006
CITY OF SOUTH MIAMI
To:Mayor and Commission Date:May12 2000
From:Earl G.Gallop Agenda Item #ft
City Attorney Commission Meeting,May 16,2000
Settlement incase of Hernandezv.City of
South Miami
Theattached resolution isforapprovingissuance of a settlement check inthecase of Hernandez
v.City of South Miami,Chargingthe amount of $55,000.00 to Account No.504-1500-9924,
Self-Insurance Fund.
Account Available Balance This Invoice
Self InsuranceFund $207,000.00 $55,000.00
Account #504-1500-9924
RESOLUTION NO.101-00-10994
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
CLAIMS;APPROVING A SETTLEMENT AGREEMENT IN THE
CASE OF HERNANDEZ v.CITY OF SOUTH MIAMI;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT;DIRECTING PERFORMANCE OF CERTAIN
REQUIREMENTS UNDER THE AGREEMENT;PROVIDING
AN EFFECTIVE DATE.
WHEREAS,theMayorandCity Commission of theCity of SouthMiami
desire to settle a pending lawsuit styled Rafael P.Hernandez,Jr.v.Citv ofSouth
Miami,Case no.97-20583 CA 11 (Fla.1leh Cir.Ct.,1997);and,
WHEREAS,the City Attorney advises thatitisinthe best interest of the
Citytosettlethepending action,thesettlementamountis $110,000.00,andthe
agreement,entitled "Settlement andRelease Agreement,"which isattachedto this
resolution,is legally sufficient informand content.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OFTHE CITY OFSOUTH MIAMI,FLORIDA;
Section 1.The settlement agreement,entitled "Settlement and Release
Agreement",which is attached tothis resolution,is approved.TheCity Manager
is authorized to execute the agreement and to implement any requirements that
require action bytheCity.Acopy of this resolution and the settlement agreement
willbeplacedinthepersonnelrecord of Mr.Hernandez.
Section 2.This resolution shall takeeffect immediately upon approval.
PASSED AND ADOPTED this 2nd day of May,2000.
ATTEST:
/f^ZZ*)"*£*>
CITYCLERK V MAYOR
Additionsshownby underlining and deletions shownby overstriking.
READ AND APPROVED AS TO FORM:
^/^Q^^)/^^
TTORNEY
\\Dell_6IOO\Documents\City of South Miami\0022-00l\3297.doc
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscorrfce:
Commissioner Bethel:
Commissioner Russell:
Page 2 of2
Resolution No.101-00-10994
5.-0
Yea
Yea
Yea
Yea
Yea