13-SETTLEMENT AGREEMENT BETWEEN COP AND 911 RESTORATIONItem No. 13
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TO: Mayor & Council
John Godwin, City Manager
FROM: Kent McIlyar, City Attorney
SUBJECT: SETTLEMENT AGREEMENT
DATE: March 20, 2013
BACKGROLTND: At the meeting of March 11, 2013, City Council authorized the City Attorney
to settle the City's lawsuit with 911 Restoration as it pertains to the Grand Theater roof collapse.
RECOMMENDATION: Approve a Resolution authorizing the settlement agreement between
the City of Paris and 911 Restoration and dismissal of the lawsuit upon receipt of the $85,000.00
check from 911 Restoration. Should City Council want to review a copy of the agreement, please
contact the legal department.
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Draft
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
AUTHORIZING AND APPROVIIVG A COMPROMISE SETTLEMENT
AGREEMEIVT BETWEEN THE CITY OF PARIS, AND 911 RESTORATION
INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on March 9, 2012, the City filed a negligence and breach of contract
lawsuit against 911 Restoration, Inc., an asbestos abatement contractor, for damages to the
Grand Theater caused by a roof collapse following a heavy rain on November 22, 2011; 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, the City Council hereby approves the settlement of this lawsuit for
$85,000.00 payable to the City of Paris and authorizes the Mayor to execute the
Compromise and Settlement Agreement in a form approved by the City Attorney.
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 Compromise Settlement Agreement between 911 Restoration
Inc. and the City of Paris, Texas, Cause No. 81339, (as approved by the City Attorney) be,
and is hereby approved by the City Council of the City of Paris and the Mayor is hereby
authorized to execute the Agreement on behalf of the City Council of the City of Paris;
further, the City Attorney is hereby authorized to file a Motion to Dismiss the lawsuit upon
receipt of settlement check.
PASSED AND ADOPTED this the 25th day of March, 2013.
A.J. Hashmi, M.D., Mayor
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ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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