HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-026Temp. Reso # 9251 — January 22, 2001
Revision # 1 — February 5, 2001
Page 1
CITY OF TAMARAC
RESOLUTION NO. R-2001- ;- 6
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING AND
AUTHORIZING THE SETTLEMENT OF ALL PAST AND
FUTURE CLAIMS BY SHIRLEY ROSEN IN AN AMOUNT
NOT TO EXCEED $36,000.00, OF WHICH THE CITY OF
TAMARAC'S PORTION WOULD NOT EXCEED $25,000.00,
UPON RECEIPT OF A FULL RELEASE OF ALL CLAIMS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Mrs. Shirley Rosen claims to have been involved in a trip and fall
incident on a City of Tamarac sidewalk on February 28, 1999; and
WHEREAS, Mrs. Rosen claims to have sustained injuries including two (2)
compound fractures to her left arm, requiring medical attention in excess of seventeen
thousand dollars ($17,000.00); and
WHEREAS, the City's insurance provider, the Florida Municipal Insurance Trust
(FMIT), has negotiated a settlement with Mrs. Rosen in the amount of thirty-six
thousand dollars ($36,000.00); and
WHEREAS, the City has a twenty-five thousand dollar ($25,000.00) deductible in
its General Liability policy with the FMIT; and
WHEREAS, Section 2-342(b)(3) of the Code of Ordinances requires City
Commission approval and authorization prior to settlement of any claims in excess of
ten thousand dollars ($10,000.00); and
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Temp. Reso # 9251 — January 22, 2001
Revision # 1 — February 5, 2001
Page 2
WHEREAS, Mrs. Rosen will provide the City with a full release of all claims; and
WHEREAS, the Interim Risk Manager, City Attorney and City Manager
recommend that the City settle a claim involving Mrs. Shirley Rosen in an amount not to
exceed thirty-six thousand dollars ($36,000.00), with the City of Tamarac's portion not to
exceed twenty-five thousand dollars ($25,000.00); and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to approve and
authorize the settlement of all past and future claims by Shirley Rosen in an amount not
to exceed thirty-six thousand dollars ($36,000.00), of which the City of Tamarac's
portion would not exceed twenty-five thousand dollars ($25,000.00) upon receipt of a
full release of all claims.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
Section 2: That the City Commission of the City of Tamarac approves and authorizes
the settlement of all past and future claims by Shirley Rosen in an amount not to exceed
thirty-six thousand dollars ($36,000.00), of which the City of Tamarac's portion would
not exceed twenty-five thousand dollars ($25,000.00), upon receipt of a full release of
all claims. 0
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Temp. Reso # 9251 — January 22, 2001
Revision # 1 — February 5, 2001
Page 3
Section 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Section 5: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 141" day of February, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HERBY CERTIFY that I h
AD15i d this Resolution as�
HELLS. KyRAF
Y ATTORNEY
JOE SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER Lk�
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: VIM ROBERTS