HomeMy WebLinkAboutR-77-003812/6/76
lfttgOLUTION No,
77-1
nESOLUTION AUTHORIZING THE DIRECTOR
bF FINANCE TO ACCEPT THE SUM OF $740.45
IN FULL AND COMPLETE SETTLEMENT IN THE
CLAIM OF THE CITY OF MIAMI VERSUS ANTONIO
ALEJANDRO GARCIA; AND AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK OF THE CITY
OF MIAMI TO EXECUTE A RELEASE RELEASING
ANTONIO ALEJANDRO GARCIA FROM ANY AND ALL
CLAIMS AND DEMANDS ARISING OUT OF THE
ACCIDENT INVOLVED IN THE ABOVE CLAIM,
WHEREAS, a claim has been filed by the City of Miami against
Antonio Alejandro Garcia,
as a result of a collision between a
City of Miami police vehicle and an automobile owned and operated
by Mr. Garcia.
WHERAS, an offer of settlement on behalf of Antonio Alejandro
Garcia has been made to the City of Miami which offer is in the
amount of $740.45; and
WHEREAS, the City Attorney of the City of Miami has ad-
vised that it is in the best interest of the City of Miami to
in full and complete settlement of
"DOCUMENT INDEX
ITEM N0. �Y
accept said offer of $740.45
the above claim;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
and directed to accept the sum of $740.45
settlement in the claim of the City of Miami
jandro Garcia, and the City Manager and the City Clerk of the City
Of Miami are authorized to execute a release releasing Antonio Ale-
jandro Garcia from any and all claims and demands arising out of
the accident involved in the above claim,
If
in full and complete
versus Antonio Ale -
CITY COMMISSION
MEETING OF
JAN i 3
RESOLUTION NO.. _,....
REMARKS:
PA = AND ADOPTED thy.§ 111111,day of _ kNU `_
PR8PM ED AND APPROVED BY:
\,^
Jose B. Alvaro
Deputy City Atto
APP
VED AS TO FORM AND CORRECTNESS:
?v,
brge F. 1 nox , Jr.
City Att•;r ey
i
ity Jerk
M A ? o
r
CITY OF MIA'.11. FLORIDA
INTtR•OPFACE MEMORANDUM
w �'1
to;
HOnerable Members of the
City Commission
-IUAI:
Mr. =eorge Knox, Jr,
City Attor, ey
tecember 6, 1976
otioi CT
Settlement of Claims
Against Other
PtF"t no4CF.s.
r:r:ct.est rEs. Resolution
In the following claim a motor Vehicle owned by Antonio A.
Garcia was involved in an accident with a motor .vehicle owed
by the City of Miami.
This claim is in the area of doubtful liability.
The City of Miami vs. Antonio A. Garcia (File #CV-74-086)
This accident took place on May 29, 1974, on Southwest 12th
Avenue at its intersection with Southwest 5th Street, Miami,
Florida.
Damages to the City vehicle amounted to $840.45 plus 12 days
loss of use at $12.00 per day totaling $144.00. The total
amount of the claim by the City against Mr. Antonio A. Garcia
was $984.45.
kIL�;ti�i4=086
This is a claim involving three (3) vehicles, a 1966 Chevy owned
and operated by Isis Gomez Caldevilla of 1717 S.W. 25th Avenue,
Miami, Florida, a 1970 Ford owned and operated by Antonio Alejandro
Garcia, and a City vehicle, a 1974 Plymouth owned by the City of
Miami and operated by Officer Joseph Thomas Longueira.
As the 1966 Chevy was traveling South on 12th Avenue, it stopped
for the other traffic in front when the Police vehicle traveling
North on 12th Avenue was struck by the vehicle owned by Mr. Garcia,
who was traveling East on 5th Street and failed to yield from a
stop sign striking the Police vehicle on the left rear pushing the
police vehicle into the 1966 Chevy. The Police vehicle struck the
1966 Chevy on the left front with its left front.
The Garcia vehicle was charged with failure to yield from a stop
sign.
EM
lC'' Honorable Mc" ers of
• the City Commission
Page 2
Deco! er 6, 1976
fie: Settlement of Claii
Against Cthtt
Due to the fact that Mr. Carcia`s insurance Company went tntb
receivership, this matter was handled by the Florida Iristirande
guaranty Association who has finally made an offer of $840.45
deducting the twelve (12) days loss of use.
The Florida Insurance Guaranty Association has a $100.00 deductible
as provided in Section 631.57 of the Florida Statutes that has been
applied on this case, thus making the full settlement $740.4 5.
Based on recommendation of Mr. Santana of this office, as well as
the facts mentioned above, I recommend that the above offer be
settled in full and complete settlement of this property damage
claim.
GK/MS/aeb
Enclosure (Resolution