6. Jack & Shirley Barrett SettlementAgenda - May 18, 1998
AGENDA ITEM 6 - JACK & SHIRLEY BARRETT SETTLEMENT
BACKGROUND/CONSIDERATION: I have enclosed a memo from City Attorney
Glen Neier asking for Council approval to settle a lawsuit involving Jack and Shirley Barrett.
RECOMMENDATION: I concur with the City Attorney's recommendation that the suit
be settled.
ACTION REQUIRED: A motion to approve the settlement will authorize the City
Attorney to execute the Stipulation and Mutual Release.
Incorporated 1892
Office of the City Attorney
Glen Neier, City Attorney
Richard Hickel, Asst. City Attorney
May 14, 1998
TO: Mayor, Manager, and City
FROM: Glen Neier, City Attorney
RE: Barrett Settlement
1
P.O. Box 1997
Kalispell MT 59903-1997
Telephone: (406) 758-7708
Fax (406) 758-7771
By previous memo you have been informed of my recommended
settlement in the above -entitled matter. Within the last week I
contacted the Mayor and all members of the Council to ascertain
their respective positions on the settlement. The poll indicated
that six members of the Council were in favor of settling the suit
for the consideration outlined in my memo. The Mayor and two
members of Council were opposed.
In order to dispose of this matter by executing the necessary
Stipulation and Mutual Release, the Council should authorize by
motion settlement of the suit for the sum of $37,500 with interest
computed at the State Investment Program rate, payable in three
annual installments commencing in June of 1998. We have prepared
the necessary documents including a Promissory Note, but will not
execute anything until we have Council approval.
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