Res 2003-119 - Laserfiche WebLink

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245. RESOLUTION NO. 2003- J_ 19 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A SETTLEMENT AND RELEASE AGREEMENT RELATED TO'THE BURKETTv. CITY OF SAN MARCOS SUIT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND DECLARJNG AN EFFECTIVE DATE. RECITALS: 1. The City Council approved a license agreement with Burkett Transit Advertising, Inc. on November 26, 2001 for the placement of bus benches and shelters in City righbof-way. 2. The City terminated the agreement in September, 2002 based on Burkett's failure to meet a schedule for installation of the benches and shelters. Burkett filed suit against the City in December of 2002, claiming that the City had wrongfully terminated the agreement 3. Recently a settlement meeting was conducted and a tentative settlement was reached under which the City will pay $25,000 to Burkett in exchange for removal of all of the signs and benches within 30 days. The City's insurer, the Texas Municipal League Intergovernmental Risk Pool, will contribute $10,000 towards the settlement. 4. The City Council wishes to approve tbe temps of the attached Settlement and Release Agreement to settle the pending lawsuit. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The attached Settlement and Release Agreement between the City of San Marcos m~d Burkett Transit Advertising, Inc. regarding the Burke# Transit Advertising, Inc. v. City of San Marcos suit is approved. PART 2. Tbe City Manager, Dan O'LemT¢, is authorized to execute the agreement on behalf of the City. PART 3. This Resolution is in full force mad effect immediately from and after its adoption. ADOPTEDon July 15, 2003. Attest: Jaidis K. Womack City Clerk Robert B. Habingreither Mayor