HomeMy WebLinkAboutRes 2011-03-02 Settlement Agreement with Walmat Inc.CITY OF ANNA, TEXAS
RESOLUTION NO. 2011-03-02
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING SETILEMENT OF
THE LITIGATION STYLED CITY OF ANNA V. WALIfAT INC., ET AL., CAUSE NO.
429-00288-2009, IN THE 429'rH DISTRICT COURT OF COLLIN COUNTY, TEXAS;
APPROVING THE SETILEMENT OF ALL CLAIMS, CAUSES OF ACTIONS AND
DISPUTES IN SAID LAWSUIT, AS TO THE CITY; AUTHORIZING THE CITY
MANAGER'S EXECUTION OF THE SETILEMENT AGREEMENT; AUTHORIZING
THE CITY MANAGER AND THE ATIORNEYS OF WOLFE, TIDWELL & McCOY, LLP
TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS
AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE FULL
SETILEMENT OF SAID LAWSUIT AS TO THE CITY.
WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City") recognizes
that it filed the above-referenced action in interpleader, styled City of Anna v. Walmat
Inc., at al., Cause No. 429-00288-2009, in the 429th District Court of Collin County,
Texas (the "Lawsuit") against Walmat, Inc. and other defendants over a dispute
concerning a development agreement; and
WHEREAS, the City Council recognizes that the Parties to the Lawsuit desire to settle
the matter, as to the City's involvement, and have reached a Partial Settlement and
Release Agreement ("Agreemenr); and
WHEREAS, the City Council recognizes that the Agreement between the Parties
resolves all remaining claims, causes of actions and disputes in the Lawsuit, as to the
City, and it should be approved and the City Manager's execution of same should be
authorized and approved, as set forth herein;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. The recitals set forth above are incorporated herein by reference as if fully
set forth for all purposes.
Section 2. The Agreement settling all claims, causes of actions and disputes of the
Lawsuit, with respect to the City, is hereby approved and the City Manager's execution
of the Agreement is hereby authorized and approved.
Section 3. The City Manager and attorneys at Wolfe, Tidwell & McCoy, lLP are hereby
authorized to execute all documents in a form approved by the attorneys at Wolfe,
CITY OF ANNA, TEXAS RESOLUTION NO. 2011-03-02 Page 1 of2
Tidwell & McCoy, LLP and to take all other actions necessary to finalize, act under, and
enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 8th
day of March, 2011.
ATTEST:
CITY OF ANNA, TEXAS RESOLUTION NO. 2011-03-02 Page2of2