HomeMy Public PortalAbout2019-57 Approving the settlement of Roy McKinneyRESOLUTION NO. 2019.57
A RESOLUTION OF THE VILLAGE COT]NCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
THE SETTLEMENT OF ALL CLAIMS OF ROY
MCKINNEY; PROVIDING FOR AUTHORIZATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about November 7, 2014, Roy McKinney ("McKinney") filed a
lawsuit styled Roy McKinney v. Miami Dade County, Florida and Village of Key Biscayne in the
Circuit Court of Miami-Dade County, Florida under case number 20I4-028615-CA-01 (08),
seeking damages allegedly related to an incident on June I1,2013 (ool-awsuit"); and
WHEREAS, McKinney is willing to settle all of his claims that were or could have been
brought against the Village pertaining to the Lawsuit, including all costs and attorney's fees
incurred in this matter, and release the Village of any liability, in exchange for a lump-sum
payment of $20,000, which will be paid by the Village's insurer ("Settlement Offer"); and
WHEREAS, although the Village disputes the merits of the Lawsuit, the Village Council
desires to accept the Settlement Offer, thereby disposing of all claims against the Village by
McKinney, and authorize the Village Manager and Village Attorney to prepare and execute all
settlement documents and any related releases consistent with the terms of the Settlement Offer;
and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF'
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Approval. That the Village Council approves the settlement of all claims
that were or could have been asserted by McKinney as a result of the alleged incident on June
11,2013, including costs and attorney's fees, for $20,000, which will be paid by the Village's
lnsurer.
Section 3.Authorization. That the Village Council authorizes the Village Manager
and the Village Attorney to prepare and execute all settlement documents and any related
releases consistent with the terms of the Settlement Offer and the intent of this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED and ADOPTED this 27th day of August, 2019.
l/t
W. DAVEY,MAY
A
IN CMC
CLERK
APPROVED AS TO FORM AND LEGAL ST]FFI
VILLAGE A
2