2008-032-RES-approving a proposed compromise settlement agreement with the city of Clarksville, TX in the lawsuit against the city of clarksville

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RESOLUTION NO. 2008-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A PROPOSED COMPROMISE SETTLEMENT AGREEMENT WITH THE CITY OF CLARKSVILLE, TEXAS IN THE CITY'S LAWSUIT AGAINST THE CITY OF CLARKSVILLE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris filed its Original Petition against the City of Clarksville on November 23, 2005 in the 62nd District court, Lamar County, Texas; and, WHEREAS, the City's case against Clarksville was for breach of contract, specifically for breach of an Interagency Agreement between the cities to share costs for the Regional Drug Task Force. The City sought damages from the City of Clarksville for amounts owed under the Interagency Agreement, costs, interest and attorneys fees; and, WHEREAS, bona fide disputes and controversies exist between the parties both as to liability and amount of damages in this case, and in order to avoid the expense and uncertainty of litigation the parties propose the following Compromise Settlement Agreement; and, WHEREAS, having considered the facts, law and the strengths and weaknesses of the City's position in this lawsuit and having reviewed the terms of the Compromise Settlement Agreement, the City Attorney has recommended that this lawsuit be settled with the City of Clarksville under the terms and consideration set forth in the Compromise Settlement Agreement Attached hereto and incorporated herein as Exhibit A; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the proposed Compromise Settlement Agreement between the City of Paris and the City of Clarksville, in Cause No. CV01061 pending in the 6th District Court, Red River County, Texas, be, and is hereby approved by the City Council of the City of Paris and the Mayor is hereby authorized to execute the Compromise Settlement Agreement on behalf of the City Council of the City of Paris and any other documents necessary for the completion of the settlement described herein. PASSED AND ADOPTED this the 28th day of January, 2008. sse Jam Freelen, Mayor