 |
AGENDA ITEM REVIEW FORM |
10.A.
Regular City Council Meeting
- Meeting Date:
- 02/10/2021
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding a mediated settlement offer regarding Yuma County Superior Court Civil Case No. S1400 CV 2019 00321 concerning the manganese filtration system at Well Site 7. (Kay Marion Macuil, City Attorney)
SUMMARY:
The subject of the case was the electrical failures with the manganese filtration system which also affected the pumps at wells numbers 11 and 12 located at Well Site 7.
The system has now been functioning properly for about a year.
The various parties to the case came to a mediated settlement offer.
The system has now been functioning properly for about a year.
The various parties to the case came to a mediated settlement offer.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE THE SETTLEMENT OF YUMA COUNTY SUPERIOR COURT CASE NO. S1400 CV 2019 00321, IN ACCORDANCE WITH THE RULE 80(A) SETTLEMENT MEMORANDA, BOTH DATED JANUARY 26, 2021, AND
I FURTHER MOVE TO AUTHORIZE STAFF TO ENTER INTO SUCH AGREEMENTS AND/OR TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY SUCH SETTLEMENT INTO EFFECT.
I FURTHER MOVE TO AUTHORIZE STAFF TO ENTER INTO SUCH AGREEMENTS AND/OR TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY SUCH SETTLEMENT INTO EFFECT.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- N/A see explanation
- BUDGETED AMOUNT:
- N/A see explanation
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A see explanation
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
The amount of settlement is a matter of negotiation.