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"Legislation Miami, FL 33133
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-_ Resolution
File Number: 08-01491
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY LYLLIAM S. GARCIA, WITHOUT ADMISSION
OF LIABILITY, THE TOTAL SUM OF $45,465.07, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY
OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF
LYLLIAM S. GARCIA VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR
MIAMI-DADE COUNTY, CASE NO. 06-19648 CA (24), UPON EXECUTING A
GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS, AND EXECUTING A DISMISSAL WITH PREJUDICE; ALLOCATING
FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 05002.301001.515000.0000.00000.
WHEREAS, Lylliam S. Garcia filed a claim and a lawsuit against the City of Miami, in the
Circuit Court in and for Miami -Dade County, Florida, Case No. 06-19648 CA (24); and
WHEREAS, this case was tried before the Court on September 15, 2008, upon which a jury
verdict was rendered in favor of the Plaintiff, Lylliam S. Garcia; and
WHEREAS, the Plaintiff, Lylliam S. Garcia, as the prevailing party, would be entitled to a Final
Judgment in her favor, including her taxable costs; and
WHEREAS, Lylliam S. Garcia has asserted a claim for additur or, in the alternative, a new trial;
and
WHEREAS, the Office of the City Attorney has evaluated the Plaintiffs post -trial motions and
appealable issues relating to the trial, and recommends that no appeal be taken; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claim and lawsuit be settled for the sum of $45,465.07, which is the amount of
the verdict entered against the City of Miami, plus taxable costs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Lylliam S. Garcia without admission of
liability, the sum of $45,465.07 in full and complete settlement of any and all claims and demands
against the City of Miami, its officers, agents and servants, in the case of Lylliam S. Garcia vs. City of
City of Miami Page I oft Printed On: 116/2009
File Number. 08-01491
Miami, in the Circuit Court in and for Miami -Dade County, Florida, Case No. 06-19648 CA (24), upon
executing a general release of the City of Miami, its present and former officers, agents, and
employees from any and all claims and demands, and executing a dismissal with prejudice, with funds
allocated from the Self -Insurance and Insurance Trust Fund, Index Code No.
05002.301001.515000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRIJ
CITY ATTORNEY" -
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 1/6/2009