HomeMy WebLinkAboutRes 2012-02-14 Gant Settlement & Release of Claims.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2012-02-14
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING SETTLEMENT OF
LITIGATION STYLED WILLIAM AUSTIN GANT AND PAUL EUGENE GANT V. CITY
OF ANNA, TEXAS, CAUSE NO. 380-02370-2011, FILED IN THE 380TH DISTRICT
COURT OF COLLIN COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER'S
EXECUTION OF THE SETTLEMENT AGREEMENT; AUTHORIZING THE CITY
MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN
EXECUTING ANY AND ALL DOCUMENTS AND TO TAKE OTHER ACTIONS
NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") recognizes that
William Austin Gant and Paul Eugene Gant ("Plaintiffs") filed the above -referenced
lawsuit against the City of Anna, Texas ("City") seeking a declaratory judgment and
making related claims and allegations; and
WHEREAS, the City Council recognizes that the City denies any liability in the above -
referenced lawsuit; and
WHEREAS, the City Council recognizes that the parties to the above -referenced lawsuit
desire to settle all matters to avoid the inconvenience and expense of continued
litigation and to buy peace; and
WHEREAS, the City Council recognizes that an instrument entitled Settlement
Agreement and Release, has been executed by Plaintiffs and delivered to the City, and
that the City Manager's execution of said Agreement should be authorized, ratified, and
approved;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated
The above -stated recitals are found to be true and correct and are incorporated by
reference as if stated in full.
Section 2. Authorization to Execute Agreement and Other Actions to Conclude
Litigation
That certain instrument entitled Settlement Agreement and Release ("Agreement")
settling the litigation styled William Austin Gant and Paul Eugene Gant v. City of Anna,
Texas, Cause No. 380-02370-2011, a lawsuit filed in the 380th District Court of Collin
County, Texas, is hereby approved by the City Council and the City Manager's
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execution of the Agreement is hereby authorized, ratified, and approved. The City
Council further authorizes the City Manager and the City Attorney to execute any
additional instruments or documents or to take any other reasonable and necessary
action to accomplish the dismissal of the lawsuit.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 28th
day of February, 2012.
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ATTEST:
Na a Wilkison, City Secretary
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