HomeMy WebLinkAboutRes 2011-10-03 Approving Settlement-Powell.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2011·10"()3
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING SETTLEMENT OF
A DISPUTE HAVING BEEN PREVIOUSLY BROUGHT IN A LAWSUIT IN THE 401 sT
JUDICIAL DISTRICT COURT OF COLLIN COUNTY, TEXAS UNDER CAUSE NO.
401''()3815-2009 AND STYLED BENTLY POWELL VS. CITY OF ANNA, TEXAS;
APPROVING THE SETTLEMENT OF ALL CLAIMS, CAUSES OF ACTIONS AND
DISPUTES IN SAID LAWSUIT AND RELATED CLAIMS; AUTHORIZING THE CITY
MANAGER'S EXECUTION OF THE SETTLEMENT AGREEMENT SUBJECT TO
CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER AND THE
ATTORNEYS 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 SETTLEMENT OF THE DISPUTE.
WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City") recognizes
that it was a party to a certain lawsuit styled Bently Powell vs. City of Anna, Texas, filed
in the 401 st Judicial District Court of Collin County, Texas under Cause No. 401-03815
2009 (the "Lawsuit"); and
WHEREAS, the City Council recognizes that the parties to the Lawsuit desire to settle
the disputes and related claims that were the subject of the Lawsuit and the City Council
has considered a certain Settlement Agreement and Release ("Agreement") that would
fully settle the dispute; and
WHEREAS, the City Council recognizes that the Agreement resolves all remaining
claims, causes of actions and disputes in the Lawsuit, and it should be approved and
the City Manager's execution of same should be authorized and approved, subject to
execution and delivery of the Agreement to the City by Bently Powell, 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 is hereby approved by the City Council and the City
Manager's execution of the Agreement is hereby authorized and approved, subject to
execution and delivery of the Agreement to the City Manager by Bently Powell on or
before Friday, October 14, 2011 at 5:00 p.m.
Res. 2011-10-03 Powell Settlement Page 1 of2 1()..11-11
authorized to execute all documents in a form approved by the attorneys at Wolfe,
Tidwell & McCoy, LLP and to take all other actions necessary to finalize, act under, and
enforce the Agreement, including but not limited to adjusting language in legal
descriptions if necessary, subject to execution and delivery of the Agreement to the City
by Bently Powell as set forth herein.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 11th
day of October, 2011.
ATTEST:
Da
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