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AGENDA ITEM REVIEW FORM |
3.A.
Special City Council Meeting
- Meeting Date:
- 10/19/2016
- 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 settlement of all pending litigation and claims. Discussions to include but not limited to:
- litigation regarding United States District Court for the District of Arizona case, San Luis Facility Development Corporation v. CEC and CiviGenics No. CV14002633 PHX DMF,
- litigation regarding Arizona Superior Court for Yuma County case, San Luis Facility Development Corporation v. CEC and CiviGenics Case No. S1400CV2010-586,
- litigation regarding Arizona Superior Court for Yuma County case, Houston Casualty Company v. CEC, Emerald, SLFDC Case No. S1400 CV 2016-00456. (Kay Marion Macuil, City Attorney)
SUMMARY:
There is a proposed settlement agreement as to all litigation and claims regarding the San Luis Regional Detention Center which is attached to this Agenda Item Review form. Staff recommends this settlement agreement.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE THE SETTLEMENT OF THE CASES FILED IN THE ARIZONA SUPERIOR COURT FOR YUMA COUNTY NO. S1400CV2010-586 AND NO. S1400 CV 2016-00456 AND THE CASE FILED IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA NO. CV14002633 PHX DMF AND RELATED CLAIMS AS PRESENTED IN THE ATTACHED WRITTEN SETTLEMENT. I FURTHER MOVE TO AUTHORIZE EXECUTION OF THE SETTLEMENT AGREEMENT AS PRESENTED AND THE TAKING OF SUCH ACTIONS AS MAY BE NECESSARY TO EFFECTUATE THE SAME.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- N/A
- BUDGETED:
- N/A
- AVAILABLE TO TRANSFER:
- N/A
- GL ACCT # & NAME/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
The City would incur costs of litigation in order to continue litigation. With this settlement these costs will not be incurred and the San Luis Facility Development Litigation Attorneys fees will be paid by the other parties.