HomeMy WebLinkAboutResolution #3020RESOLUTION N0. 30.20
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF
CANTON, PLAINTIFF, AND CARLSON & HUG AND JOHN J. MCCARTHY,
DEFENDANTS.
WHEREAS, the City of Canton has previously filed an action
sounding in legal malpractice against Carlson & Hug and John J.
McCarthy; and,
WHEREAS, said cause is now pending before the Fulton County
Circuit Court as case number 85-L-60; and,
WHEREAS, during the course of said litigation the parties have
entered into settlement discussions; and,
WHEREAS, the Legal and Ordinance Committee has determined that
it is necessary and in the best interest of the City of Canton to
settle this matter as hereinafter set forth; and,
WHEREAS, the Canton City Council has made a similar
determination.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON, Fulton County, Illinois, as follows:
1. That the Canton City Council hereby finds the foregoing
recitals to be fact.
2. That the Mayor, City Clerk, and all other City officers
are hereby authorized and instructed to settle this cause upon the
following terms and conditions:
a. Defendants shall pay unto the City of Canton the
aggregate sum of $35,000.00;
b. Thereupon, the City shall execute and deliver its
release (satisfaction) to Defendants in form satisfactory to
Defendants;
c. Contemporaneously with 2.b., above, Defendants shall
execute and deliver to the City each their release (satisfaction)
in form satisfactory to the City; and,
d. Upon completion of all of the foregoing, the City
Attorney shall cause the above-described case to be dismissed with
prejudice to all parties to reinstatement.
3. The Mayor, City Clerk, and all other City officers are
hereby authorized and instructed to take such other and further
actions in the premises as may to them seem reasonably necessary to
settle this matter in conformity with this Resolution.
4. This Resolution shall be in full force and effect
immediately upon its passge by the City Council of the City of
Canton, Fulton County, Illinois, and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County,
Illinois at a regular meeting this 21st day of
1990, upon a roll call vote as follows:
Au;ust ,
AYES: Aldermen Chapman, Bohler, Meade, Sarff, Steck, Fuller,
Kovachevich,
NAYS: None,
ABSENT: Alderman May,
APPROVED:
7
Donald E. Edwards, Mayor.
ATTEST:
a. ~
Nanc Whit s, City Clerk.
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OA~iY a+' F1A.TC~1. )
I, Nancy mites, City Clerk of ~ City of Canton, is the Comity. of Pbltion
_ and State of Illinois, d~ hereby oextil~r that as the City Cleric of the City
- of Cantron, I am the ]ceeper of Ada, adta~tei, a~a and ot3~e~r books,
records and paperer of eairid City, and that the i~ is a t:vs and oo~c+ect
copy of: .
RESOLUTION N0. 3020
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF CANTON, PLAINTTFF, AND
CARLSON AND HUG AND JOHN J. MCCARTHY, DEFENDANTS.
adopted by the City Ca~s~cil of Baia City and appxo~ved b9 the May~oar thereof
~ the 21st day of Au~us t , l9 ~Q_•
WI1~SS t~-fiend and the Corporate Seal of the City of Canton, Illinois
this 2 8th day Of ,_,_, a„g„ ~ r 19 90
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(SEAL)