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