HomeMy WebLinkAboutRES 18-166RESOLUTION NO. 18-166
WHEREAS, the lawsuits styled City of Beaumont vs. APAC-Texas, Inc., Cause
No. A-201103, and In Re: OldCastle Material Texas. Inc. D/B/A Gulf Coast, Cause No
E-200934, were discussed in Executive Session properly called and held Tuesday, July
24, 2018; and,
WHEREAS, the City Attorney is requesting authority to settle the matters with
APAC-Texas, Inc. and OldCastle Materials Texas, Inc.; and,
WHEREAS, the City Council has considered the merits of the request and is of
the opinion that it is in the best interest of the City to settle the lawsuits;
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 claims of
APAC-Texas, Inc. and OldCastle Materials Texas, Inc. in the lawsuits styled Cily of
Beaumont v. APAC-Texas, Inc., Cause No. A-201103, and In Re: OldCastle Materials
Texas, Inc. DB/A Gulf Coast, Cause No. E-200934, for a future credit applied to costs
of materials in the amount of $125,000.00, under the following terms (to be included in a
formal release agreement):
1. Oldcastle, as of the date of the settlement shall be deemed to be a
responsible bidder, on both material and construction bids, or any other
matter on which Oldcastle may submit a competitive bid;
2. The City, from time to time, anticipates that it may procure goods and
services from Oldcastle, in compliance with competitive bidding laws, and
Oldcastle wishes to provide goods and services to the City. Oldcastle and the
City have engaged in numerous business transactions for decades, and
agree that all such obligations, debts, credits, and accounts, regardless of
whether on materials sale, construction, vendor sales, or otherwise are
hereby resolved and extinguished and replaced by a credit of 25% to any
materials sales invoice Oldcastle submits to the City for any future materials
sales, up to a total credit of $125,000.00.
3. Oldcastle and the City both deny liability or any wrongdoing, and mutually and
amicably agree that all lawsuits, claims, obligations, debts, credits, and
accounts against one another are resolved and reconciled and will be
dismissed with prejudice, other than as set forth in No. 2 above.
BE IT FURTHER RESOLVED THAT the lawsuits will be mutually dismissed
between the City of Beaumont and the APAC entities; and,
BE IT ALSO RESOLVED THAT the City Manager be, and is hereby, authorized
to execute all documents related to dismissal of the lawsuits.
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 24th day of
July, 2018.
Ord
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