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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. I:\wp\barrettcounci1.wpd