HomeMy WebLinkAboutRES 17-160RESOLUTION NO. 17-160
WHEREAS, the lawsuit styled City of Beaumont and Beaumont Transit Company
vs. Payne's Wrecker Service, Inc. d/b/a Payne & Sons Body Shop & Wrecker and
Russell Huff; Cause No. D-197337, was discussed in Executive Session properly called
and held Tuesday, August 1, 2017; and,
WHEREAS, the City Attorney is requesting authority to settle this lawsuit for the
base amount of Two Hundred Six Thousand, Two Hundred Fifty -Two and 56/100
Dollars ($206,252.56) from Payne's Wrecker Service, Inc; and,
WHEREAS, Nineteen Thousand, Two Hundred Nine and 09/100 Dollars
($19,209.09) will be reimbursed from American Transit to the City of Beaumont; and,
WHEREAS, the City of Beaumont will keep the bus as salvage; and,
WHEREAS, the City of Beaumont wishes to seek a waiver from the Federal
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Transit Authority (FTA); and,
WHEREAS, the City Council has considered the merits of the requests and is of
the opinion that it is in the best interest of the City to settle the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit
styled City of Beaumont and Beaumont Transit Company vs. Payne's Wrecker Service,
Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff; Cause No. D-197337,
for the sum of Two Hundred Six Thousand, Two Hundred Fifty -Two and 56/100 Dollars
($206,252.56); and,
BE IT FURTHER RESOLVED THAT Nineteen Thousand, Two Hundred Nine
and 09/XX Dollars ($19,209.09) will be reimbursed to the City from American Transit;
and,
BE IT ALSO RESOLVED THAT the City of Beaumont will keep the bus as
salvage; and,
BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized
to seek a waiver from the Federal Transit Authority (FTA); and,
BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized
to execute all necessary documents related to settlement of the lawsuit.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
August, 2017