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RESOLUTION NO. 2011-095 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAR[S, TEXAS; <br />AUTHORIZING AND APPROVING A COMPROMISE SETTLEMEIVT <br />AGREEMENT BETWEEN THE CITY OF PARIS, AND HOUSING ASSOCIATES <br />INC. AND DANIEL ALLGEIER IN CAUSE NO. 77918; MAKING OTHER <br />FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND <br />DECLARING AN EFFECTIVE DATE. <br />WHEREAS, in 2009 the City of Paris filed a breach of contract lawsuit against <br />Housing Associates Inc. and Daniel Allgeier individually related to issues arising from a <br />1999 Housing Infrastructure Fund Project; and, <br />WHEREAS, bona fide disputes and controversies exist between the parties both as <br />to liability and amount of damages in this case, and in order to avoid the expense and <br />uncertainty of litigation the parties propose the following Compromise Settlement <br />Agreement; and, <br />WHEREAS, having considered the facts, law and the strengths and weaknesses of <br />the City's position in this lawsuit and having reviewed the terms of the Compromise <br />Settlement Agreement, the City Attorney has recommended that this lawsuit be settled <br />under the terms and consideration set forth in the Compromise Settlement Agreement <br />Attached hereto and incorporated herein as Exhibit "A"; and, <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />PARIS, TEXAS: <br />Section 1. That the findings set out in the preamble to this resolution are hereby <br />in all things approved. <br />Section 2. That the proposed Compromise Settlement Agreement between the <br />City of Paris Housing Associates Inc. and Daniel Allgeier, Cause No. 77918 pending in the <br />62°d District Court, Lamar County, Texas, be, and is hereby approved by the City Council of <br />the City of Paris and the Mayor is hereby authorized to execute the Compromise Settlement <br />Agreement on behalf of the City Council of the City of Paris and any other documents <br />necessary for the completion of the settlement described herein. <br />PASSED AND ADOPTED this the 12th day of December, 2011. <br />