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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00071 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY KENNETH MERKER, WITHOUT ADMISSION
OF LIABILITY, THE SUM OF $35,000 IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND
MARIA LUGO, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF
KENNETH MERKER V. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO.
02-11470 CA 13, 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; ALLOCATING FUNDS FROM THE
SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.
624401.6.652.
WHEREAS, Kenneth Merker, filed a claim and lawsuit against the City of Miami, in the Circuit
Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Case No. 02-11470 CA 13, in
Miami, Miami -Dade County, Florida; and
WHEREAS, the City Attorney's Office 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 $35,000;
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 Kenneth Merker, without admission of
liability, the sum of $35,000 in full and complete settlement of any and all claims and demands against
the City of Miami, Maria Lugo, its officers, agents and servants in the case Kenneth Merker v. City of
Miami, et al., in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Case
No. 02-11470 CA 13, upon executing a general release of the City of Miami, Maria Lugo, its present
and former officers, agents and employees from any and all claims and demands, with funds allocated
from the Self Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
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File Number: 05-00071
APPROVED A TO FORM AND CORRECTNESS:Y'j
JORGE
CITY
NANDEZ
EY/04 der
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.
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