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HomeMy WebLinkAboutCC-01-16-02-01 Leeper SettlmentSPONSOR(S): Councilor Wilson RESOLUTION NO. CC-01-16-02-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ACCEPTING SETTLEMENT AGREEMENT IN LEEPER ELECTRIC SERVICES V. CITY OF CARMEL, INDIANA WHEREAS, the City of Cannel, Indiana, is currently involved in litigation in Hancock Circuit Court, case caption Leeper Electric Services v. City of Cannel, Indiana, Cause No. 30CO1-9703-CP-76; and WHEREAS, the parties have, conditioned upon the approval of Cannel Mayor James Brainard and the Cannel Common Council, entered into a proposed settlement agreement of the captioned lawsuit ("Settlement Agreement"), a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, on January 16, 2002, the Common Council held a properly noticed Executive Session and Special Meeting to discuss this pending litigation and the proposed settlement thereof; and WHEREAS, on the recommendation of the Cannel City Attorney and Plan Commission Counsel John Molitor, and after due and proper consideration, the Common Council believes that it is in the best interests of the City to accept the Settlement Agreement; and WHEREAS, on January 16, 2002, this Common Council did, by a vote of 4 - l, agree to approve and adopt the Settlement Agreement. WHEREAS, on January 16, 2002, Cannel Mayor James Brainard indicated to Common Council President Wilson that he would support the Council's decision as regards the acceptance of the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Cannel, Indiana, that the Settlement Agreement be and the same hereby is accepted and approved by the Carreel Common Council effective upon execution of this Resolution by majority of Common CounCil and approval of the same by the Mayor. Prepared by Douglas C. Haney, Carreel City Attorney SPONSOR(S): Councilor Wilson PASSED by the Common Council of the City of Carmel, Indiana, this//:/~aay of c ~,,,A.,~j'~ __, 2002, by a vote of 4~ ayes and / nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Wayne A. Wilson, President Robert Battreall ATTEST: A proved by e, Mayor ofthe City ofCarmel, Indiana, ('ouncil Resolution No. CC-01 - 16-02-01 Page Two of Two Pages Prepared by Douglas C. Haney, Carreel City Attorney EXHIBIT A