Laserfiche WebLink
<br /> 55 <br /> RESOLUTION 1997 - 1 q?R <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS, APPROVING THE TERMS AND CONDITIONS OF A LITIGATION <br /> SETTLEMENT AGREEMENT BETWEEN THE CITY AND SIERRA <br /> LOGISTICS, INC. D/B/A SIERRA HIGHWAY EXPRESS; AUTHORIZING <br /> THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF <br /> THE CITY AND DECLARING AN EFFECTIVE DATE. <br /> RECITALS: <br /> 1. On December 23, 1996, the City obtained a Default Judgment against Sierra <br /> Highway Express (Sierra) for $13,904.45 plus costs of court, representing fees and costs <br /> incurred by the City for the repair of downed utility poles and cables in San Mar Plaza <br /> caused by one of Sierra's Trucks. Subsequently, a Motion for New Trial was granted <br /> which started the litigation process over again. <br /> 2. Sierra, through its attorneys, has offered to settle the litigation for the total <br /> sum of $10,000.00. The Settlement includes a release of all claims by the City against <br /> Sierra as well as the entry of a take nothing judgment in the City's lawsuit pending in Hays <br /> County Court of Law No.2. <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> PART 1. The litigation settlement agreement between the City of San Marcos <br /> and Sierra Logistics, Inc. d/b/a Sierra Highway Express, contained in the attached <br /> "Release of All Claims" is approved. <br /> PART 2. The City Manager, Larry D. Gilley, is authorized to execute the <br /> Release on behalf of the City. <br /> PART 3. This Resolution shall be in full force and effect immediately from and <br /> after its passage. <br /> ADOPTED this the 8th day of December, 1997. <br /> <br /> ~~1;r~ <br /> Mayor <br /> Attest: <br /> /~ ,~% J <br /> i!ß;hl9) \7i' I fr1'>IJ{).; <br /> Ja is K. Womack <br /> City Secretary <br />