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HomeMy WebLinkAbout2005-05-06 Resolution Prepared by Sarah Holecek, 1St Assistant City Attorney, 410 E.Washington, Iowa City, IA 52240, (319) 356-5030 RESOLUTION NO. 05-177 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, William F. Galbreath filed a lawsuit in the Johnson County District Court, No. LACV063759 against the City of Iowa City with regard to alleged injuries sustained on November 29, 2002, as a passenger in a City vehicle involved in a collision and operated by a City employee; and WHEREAS, all parties in this matter have arrived at a settlement agreement 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 William F. Galbreath in the amount of $360,000 in full satisfaction of any and all claims which the claimant and/or parties may have against the City in the above matter, in consideration of the claimant's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. Johnson County District Court case N°. LACV063759 should be and is hereby settled, and said settlement, as previously discussed in executive session on May 6, 2005, is hereby ratified for the sums of $360,000, payable to William F. Galbreath and of his attorney of record, in full satisfaction of any and all claims. 2. 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 execution of an appropriate release and dismissal of the City of Iowa City from Johnson County District Court case No. LACV063759, with prejudice. Passed and approved this 6th day of Fla,y ,2005. MAYOR Approved by Resolution No. 05-177 Page 2 It was moved by Champion and seconded by El liott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn