HomeMy WebLinkAbout118-01 RESOLUTION0 0
RESOLUTION NO. 118-01
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT
IN THE AMOUNT OF $76,346.00 TO PAY FOR THE
COUNTEROFFER BY THE CITY COUNCIL TO SETTLE THE
SHEWMAKER V. CITY OF FAYETTEVILLE CASE WHICH WAS
ACCEPTED BY THE SHEWMAKERS
WHEREAS, on July 31, 2001, during a special meeting of the City Council
of the City of Fayetteville, Arkansas, counsel for the Shewmakers presented their
request for settlement in the amount of $152,872.00 and made arguments why the
Shewmakers could be awarded their prayed for damages exceeding $500,000.00
if this case went to trial; and
WHEREAS, City Attorney Kit Williams recommended against settling
this case and presented reasons why the City should prevail at trial; and
WHEREAS, the City Council declined to accept the Shewmakers'
settlement demand of $152,872.00, but presented a Counteroffer in the amount of
$76,436.00; and
WHEREAS, on August 8, 2001, counsel for the Shewmakers, Mr. John M.
Scott, faxed and mailed a letter accepting the City Council's Counteroffer of
$76,436.00; and
WHEREAS, a Budget Adjustment of $76,436.00 needs to be approved to
pay for this settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the Budget Adjustment attached hereto in the amount of
$76,436.00 to pay for the complete and final settlement of the case Richard and
Elizabeth Shewmaker v. City of Fayetteville - CIV 2000-671-4, Circuit Court of
Washington County, Arkansas.
• • Res, 118-01
Section 2. That the City Council of the City of Fayetteville, Arkansas
directs the City Attorney to pay $76,436.00 to the Shewmakers in exchange for a
full and final Release and Satisfaction of all claims and dismissal of this case.
PASSED and APPROVED this the 21st day of August, 2001.
Woodruff,
APPROVED:
By:
DAN COODY, Mayor
• City of Fs tile, Arkansas
Budget Adjustment Form U Y I
Budget YearVi
rtterd General Government
2001ion: Date Requested &I Adjustment #
Miscellaneous
Project or Item Requested:
A budget adjustment is requested to fund the settlement agreement
that resolves the Shewmaker case.
Justification of this Increase:
City Council offered to settle and the Shewmakers accepted
the settlement offer.
Project or Item Deleted:
None. Use of fund balance is proposed for this adjustment.
Justification of this Decrease:
Increase Expense (Decrease Revenue)
Account Name Amount _ Account Number PTject Number
Settlements 76,936 1010 6600 5311 09
Account Name
Use of Fund Balance
Decrease Expense (Increase Revenue)
Amount Account Number Project Number
76,936 1010 0001 9999 99
s _., D:
rvices
rtrector
Date
Budget Office Use Only
Type: A B C O
Date of Approval
Posted to Project Accounting
Entered in Category Log
NAME OF FILE: Resolution No. 118-01
CROSS REFERENCE:
08/21/01 Resolution No. 118-01
Copy of the Budget Adjustment Form in the amount of $76,436.00.
08/21/01 Release
08/08/01 Letter to Kit Williams, City Attorney, from John M. Scott, Everett Law
Firm
08/09/01 Letter to John M. Scott, Everett Law Firm, from Kit Williams, City
Attorney
08/21/01 Staff Review Form
08/27/01 Departmental Memo to Kit Williams, City Attorney, from Heather
Woodruff, City Clerk
NOTES:
• • gy"O/
EVERETT LAW FIRM
ATTORNEYS AT LAW
1944 EAST JOYCE BLVD.
P.O. BOX 8370
FAYETTEVILLE;ARKANSAS
72703-8370
e-mail johnscott@evcmttfim.com
JOHN C. EVERETT
JASON H. WALES, P.A.
JOHN M. SCOTT, P.A.
ELIZABETH E. STOREY
July 12, 2001
Mr. Kit Williams
Fayetteville City Attorney
113 W. Mountain
Fayetteville, AR 72701
Re: Richard Shewmaker and Elizabeth "Betty" Shewmaker
v. City of Fayetteville, Arkansas
Dear Kit:
TELEPHONE:
(501) 443-0292
FACSIMILE:
(501)443-0564
Yesterday I talked to Heather Woodruff regarding a special hearing on our settlement offer. She
indicated she would set that hearing for Tuesday, July 24, 2001 at 4:30 p.m. I suggested that each
side be allotted 30 minutes to present his version of the story. I anticipate doing all or most of the
talking, and I intend to allow some time for questions from the council. In light of your
recommendation to the council, I do not intend to lay our entire case on the table. We'll save that
for discovery if the case does not settle.
Let me know if you have any questions.
Sincerely,
EVERETT LAW FIRM
JMS/trb
cc: Richard Showmakei
FAC'E'T" VEN7?LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS; CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
City Council Members
I
LEGAL DEPARTMENT
FROM: Kit Williams, City Attorney ("v
DATE: July 13, 2001 RECEIVED
JUL 13 2001
RE: Shewmaker v. City CITY OF FAY rTTEVILLE
CITY CLERICS OFFICE
Attached please find a letter that I received from John Scott,
attorney for Richard and Betty Shewmaker. They request a special
hearing on their settlement offer.
07-13-01P03:12 RC