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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. -2- k ' CER?ItICA?E STA1E CF II1.IAAIS, ) SS. 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 ~~~~. n (SEAL)