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 ~~"~
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Plaintiff §
V. §
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Defendant
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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
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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.
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DEFENDANT(S):
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