HomeMy WebLinkAbout1998-05-26 (A) ResolutionRESOLUTION NO. 98-182
RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION.
WHEREAS, pursuant to Iowa Code Chapter 6B, the City of Iowa City condemned temporary
and permanent easements across the real property of Mrs. Margaret MacDonald for the
purpose of installing and maintaining sanitary sewer to serve the area north of Foster Road;
and
WHEREAS, Mrs. MacDonald appealed the Compensation Commission award of 923,000 to
the Johnson County District Court in case No. EQCV058069, requesting an increase in said
award, and the City cross-appealed requesting a reduction in said award; and
WHEREAS, the City Council authorized the City Attorney to enter into settlement negotiations
with Mrs. MacDonald, as in the best interest of the City and the parties involved; and
WHEREAS, all parties in this matter have settled their differences, and wish to resolve the
condemnation appeals without further litigation; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to
Mrs. MacDonald in the amount of 919,000, representing just compensation for the
condemned real property and in full satisfaction of any and all currently existing damages, with
the stipulation that, as outlined in Iowa Code §6B.52, Mrs. MacDonald is entitled to make a
claim and/or renegotiate the damage award for any construction or maintenance related
damages which are not currently readily apparent, all in consideration of Mrs. MacDonald's
dismissal of the appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
Johnson County District Court case No. EQCV058069 should be and is hereby settled,
and said settlement, as previously discussed in executive session on May 26, 1998,
is hereby ratified for the total sum of 919,000 payable to Mrs. Margaret MacDonald,
with Iowa Code §6B.52 claims being reserved to Mrs. MacDonald, in consideration of
Mrs. MacDonald's dismissal of her appeal.
City Council for the City of Iowa City hereby approves said settlement as being in the
best interest of the City of Iowa City and the parties involved, ratifies said settlement
as provided by law, and confirms that said settlement is hereby ratified, contingent
upon the execution of any and all appropriate agreements and releases, and in
consideration of the mutual dismissal of Johnson County District Court case No.
EQCV058069, with prejudice.
Resolution No. 98-182
Page 2
The Mayor and City Clerk are hereby authorized to execute and attest, respectively,
any and all appropriate agreements and releases to memorialize and carry out the terms
of the settlement agreement, upon approval by the City Attorney.
Passed and approved this 26th
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day of Fla.y , 1 998.
by
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Resolution No. 98-182
Page 3
It was moved by (l'Donne11 and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef