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HomeMy WebLinkAbout1997-01-06 ResolutionPrepared by: Eleanor Dilkes, Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 97-1 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION WHEREAS, Steven J. Jaeger and Tina M. Jaeger filed a lawsuit in Johnson County District Court, No. 56702, against Edwin C. McMartin, individually and as a police officer of the City of Iowa City, Iowa, and the City of Iowa City, seeking damages in connection with Steve Jaeger's arrest by Iowa City Police Officer Edwin McMartin on November 20, 1993; and WHEREAS, the parties to this action have participated in settlement negotiations and mediation, have arrived at a settlement agreement, which is in the best interests of the City, and wish to resolve the claim without further litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Steven J. Jaeger and Tina M. Jaeger and their counsel of record in the amount of 975,000 in full satisfaction of any and all claims which they may have against the City and/or officer Edwin C. McMartin in the above matter, in exchange for the Jaegers' full release and dismissal of said lawsuit with prejudice. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Johnson County District Court case No. 56702 should be and is hereby settled, and said settlement is hereby ratified for the total sum of 975,000, including excess liability carrier participation, payable to Steven J. Jaeger, Tina M. Jaeger and their attorney of record, in full satisfaction of any and all claims. J The City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City, ratifies said settlement as provided by law and confirms that said settlement is hereby ratified, contingent upon execution of an appropriate release by the Jaegers and dismissal of the City of Iowa City and Edwin C. McMartin from Johnson County District case No. 56702, with prejudice. Passed and approved this 6th day of ~]anua~'~v ,1997. CITY CLERK- MAYOR A,~l~oved b~-'-~ City Attorney's Office eleanor\jaeg 'erlt.res Resolution No. 97-1 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X Thornberry the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef