HomeMy WebLinkAbout213-08 RESOLUTIONRESOLUTION NO.213-08
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT
IN THE WATER AND SEWER FUND IN THE AMOUNT OF
$173,528.20 FOR A FULL RELEASE AND SATISFACTION OF
JUDGMENT IN ROMINE CASE.
WHEREAS, a jury rendered a verdict against the City of Fayetteville for inverse
condemnation in the Romine case in the amount of $176,011.00; and
WHEREAS, Court costs in the amount of $446.40 are also assessable against the City
for this case; and
WHEREAS, this amount should be offset in the amount of $2,929.20 for the appeal
costs awarded to the City for its successful appeal on the civil rights violation claim; and
WHEREAS, Plaintiff Romine has agreed not to appeal the City's judgments on
negligence, bad faith, battery, assault, civil rights or the tort of outrage and to sign a Release of
any and all possible claims in exchange for payment of $173,528,20 and the City's release of any
possible claims against Ms. Romme.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City of Fayetteville hereby agrees to a budget adjustment of
$173,528.20 from the Water and Sewer Fund and the payment of this amount for a full mutual
release of any possible claim and in full satisfaction of Ms. Romine's judgment and authorizes
the mayor to sign a mutual release and satisfaction of the City's Judgment against Ms. Romine.
PASSED and APPROVED this 6th day of November, 2008.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
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SONDRA E. SMITH, City Clerk/Treasurer "'G SON '��.`
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City of Fayetteville, Arkansas
Budget Adjustment Form
213-O
Budget Year
2008
Department: Operations
Division: Water & Wastewater Director
Program: Water & Wastewater Director
Date Requested
11/7/2008
Adjustment Number
Project or Item Added/Increased:
$173,529 is requested in the Settlements Account.
Project or Item Deleted/Reduced:
$173,529 from Use of Fund Balance.
Justification of this Increase:
Legal settlement reached between Romine vs City of
Fayetteville - Washington County Circuit Court Case No.
CV 05-1221-4.
Justification of this Decrease:
Sufficient funds remain to comply with city policies.
Account Name
Settlements
Account Name
Use of Fund Balance
Increase Budget
Account Number Amount Project Number
5400 1800 5311 09 173,529
Decrease Budget
Account Number Amount Project Number
5400 0940 4999 99 173,529
Approval Signatures
Requested By Date
Budd t hector •
Date
Department Di ector D
47o..aX a -
Fin )hector
a or
11--i—di
Dpte
Date
Budget & Research Use Only
Type: A B C
General Ledger Date
Approval Date
Posted to General Ledger
Posted to Project Accounting
Initial Date
Initial Date
Initial Date
i
Clarice Pearman - Res. 213-08
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Clarice Pearman
Williams, Kit
11.13.08 3:37 PM
Res. 213-08
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Kit:
This is just a confirmation that you have received the a copy of the above resolution passed by City Council regarding the
Romine judgment. Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\491 C49B0F... 11.13.08