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HomeMy WebLinkAboutRes 2008-04-02 Authorizing Settlement of Ligation-Underwood v City of AnnaCITY OF ANNA, TEXAS RESOLUTION NO. x2009-0`%02. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION STYLED JAMES LEE UNDERWOOD AND CAROLYN UNDERWOOD V. CITY OF ANNA, TEXAS, CAUSE NO. 416.1348.07 FILED IN THE 416TH DISTRICT COURT OF COLLIN COUNTY; AUTHORIZING AND RATIFYING THE MAYOR'S EXECUTION OF THE SETTLEMENT AGREEMENT; AUTHORIZING 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 AND BRING LAWSUIT TO CONCLUSION IN ACCORDANCE WITH SETTLEMENT AGREEMENT WHEREAS, the City Council recognizes that James Lee Underwood and Carolyn Underwood filed a lawsuit against the City of Anna, Texas claiming monetary damages for incidents alleged in the above -referenced lawsuit; WHEREAS, the City Council recognizes that the City of Anna, Texas denies any liability in the above -referenced lawsuit; 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 a Compromise Settlement Agreement and Release of Claims among the City of Anna, James Lee Underwood and Carolyn Underwood is desirable and the Mayor's execution of said settlement agreement should be authorized, ratified and approved; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: The certain Compromise Settlement Agreement and Release of Claims settling the litigation styled James Lee Underwood and Carolyn Underwood v. City of Anna, Texas, Cause No. 416-1348-07 in the 416"' District Court of Collin County is hereby approved and the Mayor's execution of said agreement is hereby authorized, ratified and approved, contingent and subject to the Plaintiffs' execution of same in the form proposed and submitted to their attorney by the City Attorney. The City Attorney is hereby authorized to execute papers necessary to conclude this lawsuit and to take all other actions necessary to finalize the settlement of this matter. City of Anna Resolution No. Page 1 of 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 24LJ dayof �e�.'1 2008. �.ham Mayor ATTEST: N ha Wilkison City Secretary City of Anna Resolution No. Page 2 of 2