HomeMy Public PortalAbout20-9732 - 25,000.00 Settlement ClaimsSponsored by: City Attorney and City Manager
RESOLUTION NO. 20-9732
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO WORK IN CONJUNCTION WITH
THE CITY ATTORNEY TO RECOMMEND SETTLEMENT
-OF CLAIMS TO THE CITY COMMISSION WITH AN
ESTIMATED VALUE OF LESS THAN $25,000.00;
AUTHORIZING THE CITY MANAGER TO REFER
CERTAIN CLAIMS DIRECTLY TO THE CITY ATTORNEY;
AUTHORIZING THE CITY MANAGER TO SETTLE
CERTAIN NUISANCE VALUE CLAIMS FOR AN AMOUNT
LESS THAN $2,500.00, AFTER CONSULTATION WITH
THE CITY ATTORNEY; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Opa-Locka ("City") is currently insured by the Florida
Municipal Insurance Trust (FMIT), where most claims ,referred by the City require a
minimum deductible amount of $25,000.00, and where each claim potentially raises the
premium amount with FMIT for the following year; and
WHEREAS, while working in conjunction with the City Attorney, if the City
Manager had some discretionary settlement authority, the City could realize a savings
in litigation expenses; and
WHEREAS, some claims are filed against the City whereby the City Attorney is
in the best position with the most knowledge to successfully defend the City. In those
cases, it would be prudent for certain claims to remain with the Opa-Locka City
Attorney's Office; and
WHEREAS, there are certain nuisance value claims of less than $2,500.00 that
could be settled by the City Manager, in consultation with the City Attorney, to avoid
costly and needless litigation; and
WHEREAS, the City Commission of the City of Opa-Locka desires to authorize
the City Manager to settle certain claims, and to refer certain claims in an effort to
reduce litigation costs.
Resolution No. 20-9732
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Adoption of Representations. The above recitals are true and
correct and are incorporated into this Resolution by reference.
Section 2. Authorizing City Manager, in Consultation with the City Attorney,
to Recommend Settlement of Claims to the City Commission and Refer Certain Claims
to the City Attorney. The City Commission authorizes the City Manager to work in
conjunction with the City Attorney to recommend to the City Commission the
settlement of claims with an estimated value of less than $25,000.00. The City
Commission further authorizes the City Manager to refer certain claims directly to City
Attorney, Burnadette Norris -Weeks, P.A., where that firm would be in the best position
to represent the City of Opa-Locka.
Section 3. Authorizing Settlement of Municipal Claims for less than $2,500.00.
The City Commission hereby authorizes the City Manager to settle, after consultation
with the City Attorney, certain nuisance value claims of less than $2,500.00 in the
discretion of the City Manager. A quarterly report shall be made to the City
Commission of all such claims settled during the quarter starting no later than April 1,
2020.
Section 4. Effective Date.
This Resolution shall take effect immediately upon adoption by the City Commission of
the City of Opa-locka.
PASSED and ADOPTED this 12th day of February, 2020.
ATTEST:
J
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
(1#141 )L t r
Burnadette Norri Weeks, P.A.
Matthew A. Pigatt, Mayor
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Resolution No. 20-9732
Moved by: Commissioner Burke
Seconded by: Commissioner Kelley
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
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