HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01088 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY YASSER HECHAVARRIA, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $50,000, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING
ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS,
AGENTS AND EMPLOYEES, IN THE CASE STYLED, YASSER HECHAVARRIA VS.
ARMANDO ROJAS, ET AL., PENDING IN THE UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.:
10-cv-21417-MGC, UPON THE EXECUTION OF GENERAL RELEASES OF ALL
CLAIMS AND DEMANDS, AND A DISMISSAL OF ALL DEFENDANTS WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
05002.301001.545000.0000.00000.
WHEREAS, Yasser Hechavarria and the City of Miami, are engaged in litigation in the United
States District Court for the Southern District of Florida, Case No.: 10-cv-21417-MGC concerning an
incident which occurred on March 24, 2007, at approximately 9:00 a.m., at N.E. 11th Street and N.E.
2nd Avenue, Miami; 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 $50,000;
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 fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Yasser Hechavarria, without admission
of liability, the sum of $50,000, in full and complete settlement of any and all claims and demands,
including attorney's fees and costs, against the City of Miami, its agents, officers and employees, in
the case of Yasser Hechavarria v. Armando Rojas, et al., pending in the United States District Court
for the Southern District of Florida, Case No.: 10-cv-21417-MGC, upon the execution of general
releases of all claims and demands, and a dismissal with prejudice of the City of Miami, Armando
Rojas, and Raul Perez, with funds allocated from Account No. 05002.301001.545000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
City of Miami Page 1 of 2 File Id: 12-01088 (Version: 1) Printed On: 12/10/2012
File Number: 12-01088
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
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 File Id: 12-01088 (Version: 1) Printed On: 12/10/2012