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17&18 Insurance LitigationDRAFT F:~Attorney\Lisa~esolutions\CURRENT\Stop-Loss Litigation Res.wpd October 28, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING LITIGATION AGAINST STANDARD LIFE AND ACCIDENT INSURANCE COMPANY AND BROKERS RISK INCORPORATED FOR COLLECTION OF MONIES OWED THE CITY; DESIGNATING THE MOORE LAW FIRM TO REPRESENT THE CITY OF PARIS IN SAID LITIGATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Standard Life and Accident Insurance Company and Brokers Risk Incorporated are contractually obligated to the City of Paris with regard to certain liabilities and obligations associated therewith; and, WHEREAS, the aforesaid Standard Life and Accident Insurance Company and Brokers Risk Incorporated have in all things failed to fulfill the aforesaid obligations to the substantial financial detriment of the City of Paris; and, WHEREAS, it is deemed appropriate that the City Council authorize any and all activities necessary, including the commencement of litigation, against the Standard Life and Accident Insurance Company and Brokers Risk Incorporated with regard to their failure to meet their obligations to the City of Paris and designate The Moore Law Firm to represent the City of Paris in said actions and litigation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 City Attorney and the City's special counsel, The Moore Law Firm, be, and they are hereby, authorized to undertake any and all actions necessary, including the commencement of litigation, against Standard Life and Accident Insurance Company and Brokers Risk Incorporated with regard to the collection of monies owed the City. Section 3. That The Moore Law Firm be, and it is hereby, appointed as special counsel to represent the City of Paris in said litigation, and the City Manager is hereby authorized to execute and the City Clerk to attest to any professional services agreement associated with said representation, as the same shall be approved by the City Attorney. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 6th day of November, 2003. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney