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HomeMy WebLinkAboutCity Council Resolutions (R-09-3053)-01/06/2009RESOLUTION R-09-3053 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEM AT THE REGULAR COUNCIL MEETING OF JANUARY 6, 2009 WHEREAS, following discussion in executive session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: THAT the City Council approves the final settlement of Rodriquez v. Colleyville and authorizes the City Manager to execute any associated documents. AND IT IS SO RESOLVED. APPROVED THIS ~o '~> DAY OF 2009, BY A VOTE OF AYES, ~ NAYS AND _~ ABS ENTIONS. ATTEST• CITY OF COLLEYVILLE ynthi Singleton, TRMC, CMC David Kelly ~ City Secretary Mayor Cause No. G ~~"~ v ~: a~ ~~`~-- § Plaintiff § V. § ./ / ~ § ` /~ / ~i § l Defendant ~ 1--~ IN THE COUN'T'Y COURT AT LAW NO DALLAS COUNTY, T E X A S SETTLEMENT AGREEMENT The parties hereto agree that this lawsuit and all related claims and controversies between them are hereby settled in accordance with the following terms of this Settlement Agreement. 1. The parties acknowledge that bona fide disputes and controversies exist between them, both as to liability and the amount thereof, if any, and by reason of such disputes and controversies they desire to compromise and settle all claims and causes of action of any kind whatsoever which the parties have or may have arising out of the transaction or occurrence which is the subject of this litigation. It is further understood and agreed that this is a compromise of a disputed claim, and nothing contained herein shall be construed as an admission of liability by any party, all such liability being expressly denied. Each signatory hereto hereby warrants and represents that: a. ies or w om suc pers b. the claims, suits, rights, and/or interests which are the subject matter hereto are owned by the party asserting same, have not been assigned, transferred or sold, any are free of any encumbrance. 3. The parties will execute and file an Agreed Order dismissing all claims in the above-styled and numbered case with prejudice. Each party will bear its own costs. 4. •..,,~ ~fTY cF agrees to pay 1~••~-V1^. ~bI~.IGtt ~ the GoLC~,tv~ po sum of ~IGK1~ -7ilouS~,p A,p ~'~' teo dollars ($ 14~, ~ - ) on or before ~3O 9•-~~ A~'!a2 ~T7zE+~" ~p~,y~.l. 8'~ Cty.~/~.tt.t.E cry c.°`'r~C.r L' . .~ a S~F2Ert~" ~1rcg Wig- t~3~ t2.~tor, -~to "7ZlE G.i?`f C.c~v--~G.1L ~~Ti" F~~t-. ~,117titc717`/ '~ ,AQO~A~1~ia' tYL ~Y Y`t ~-/~$ - 6. Except for the agreements set forth herein, the parties hereby agree to release, discharge, and forever hold the other harmless from any and all claims, demand, or suits, known or unknown, fixed or contingent, liquidated or unliquidated, whether or not asserted in the above case, as of this date, arising from or related to the events and transactions which are the subject matter of this cause. This mutual release runs to the benefit of all attorneys, agents, employees, officers, directors, shareholders, partners, heirs, assigns, and Legal representatives of the parties hereto. 7. Counsel for Defendant shall deliver drafts of any further documents to be executed in connection with this settlement to counsel for the other parties hereto within 1 ~_ days from tke~e ~~ .taerec~£ The parties and their counsel agree to cooperate with each other in the drafting and execution of ~F such additional documents as are reasonably requested or required to implement the provisions and spirit of ~T this Settlement Agreement, but notwithstanding such additional documents the parties confirm that this is a written settlement agreement as contemplated by Section 154.071 of the Texas Civil Practice and Remedies Code. 8. This Settlement Agreement is made and performable in Dallas County, Texas, and shall be construed in accordance with the laws of the State of Texas. 9. If one or more disputes arise with regard to the interpretation and/or performance of this Agreement or any of its provisions, the parties agree to attempt to resolve same with Jay C. Zeleskey, the Mediator, who facilitated this settlement. If litigation is brought to construe or enforce this Agreement, the prevailing party shall be entitled to recover attorney's fees, as well as court costs and expenses, including the cost of the mediation. 10. Although the mediator has provided a basic outline of this Settlement Agreement to the parties' counsel as a courtesy to facilitate the final resolution of this dispute, the parties and their counsel have thoroughly reviewed such outline and have, where necessary, modified it to conform to the requirements of their agreement. All signatories to this Settlement Agreement hereby release the Mediator from any and all responsibility arising from the drafting of this Settlement Agreement, and by signing this Settlement Agreement acknowledge that they, or their attorneys, have been advised by the mediator in writing that this Settlement Agreement should be independently reviewed by counsel before executing the Agreement. ~ ~~-~' ~ ~ 2 DEFENDANT(S): c _R~ oK' Cott~y °/1 w~ (~i '7 /~i /i1c~Ja/