HomeMy WebLinkAboutResolution - 3360 - Release Of Claims - BIR Inc, Jack Cooper Construction Inc - 1/1/1984 WTP Flood - 04/26/1990RP:da
RESOLUTION
Resolution # 3360
April 26, 1990
Item #20
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Release of
Claims in the City of Lubbock vs. BIF, Inc. and Jack Cooper Construction
Company, Inc. a/k/a Triple C Construction Company, Inc., attached herewith,
which shall be spread upon the minutes of the Council and as spread upon
the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
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APPROVED AS TO FORM:
26th day of April 1990.
B. C. McMINN, MAYOR
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Rosanne Piatt, Assistant City Attorney
( 33 C..Q o
NO. 86-514,628
CITY OF LUBBOCK § IN THE 99TH DISTRICT COURT
§
VS. § OF
§
BIF, INC. and JACK COOPER §
CONSTRUCTION COMPANY, INC. §
A/K/A TRIPLE C CONSTRUCTION §
COMPANY, INC. § LUBBOCK COUNTY, TEXAS
RELEASE OF ALL CLAIMS
WHEREAS, on or about January 1, 1984, a pipe gallery at the City
of Lubbock's Municipal Water Treatment Plant was flooded, which
incident resulted in damage to Plaintiff's plant; and
WHEREAS, thereafter the City of Lubbock, filed suit in the 99th
District Court of Lubbock County, Texas, being Cause No. 86-514,628,
styled City of Lubbock vs. BIF, Inc., and Jack Cooper Construction
Company, a/k/a Triple C Construction Company, Inc., seeking to recover
property damage sustained by the City of Lubbock, all as more fully
set out in the pleadings filed in said cause; and said suit is pending
in said Court; and
WHEREAS, Plaintiff desires to settle and compromise all claims
for damages arising by virtue of said incident as above-described,
it being understood and agreed that the liability of Defendant, Jack
Cooper Construction Company, Inc., a/k/a Triple C Construction
Company, Inc., is doubtful, and this settlement is being made for the
purpose of avoiding further litigation, and the said Defendant, Jack
Cooper Construction Company, Inc., a/k/a Triple C Construction
Company, Inc., is in nowise admitting liability; and the judgment is
to be entered in the above suit providing the Plaintiff take nothing
by its suit herein and taxing the costs against the Defendants; and
WHEREAS, Highlands Insurance Company on behalf of Jack Cooper
Construction Company, Inc., a/k/a Triple C Construction Company, Inc.,
has agreed to pay the sum of TWELVE THOUSAND FIVE HUNDRED NINETY-THREE
AND 80/100 DOLLARS ($12,593.80), in full and final settlement of all
claims arising by virtue of said incident as above-described; and
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT FOR AND IN CONSIDERATION OF THE SUM OF TWELVE THOUSAND FIVE
HUNDRED NINETY-THREE AND 80/100 DOLLARS ($12,593.80), cash in hand
paid, receipt of which is hereby acknowledged and confessed, said
payment being made by Jack Cooper Construction Company, Inc., a/k/a
Triple C Construction Company, Inc., and their insurer, Highlands
Insurance Company, the undersigned, City of Lubbock, of Lubbock
County, Texas, by and through its duly authorized representative, does
hereby release, acquit and forever discharge the said Jack Cooper
Construction Company, Inc., a/k/a Triple C Construction Company, Inc.,
and Highlands Insurance Company, and all persons and/or parties in
privity with them or either of them, from any and all claims, actions,
causes of action, demands, damages, costs, loss of services, expenses
and compensation on account of or in any way growing out of that
certain incident that occurred on or about January 1, 1984, as
described hereinabove and more particularly described in Plaintiff's
First Amended Original Petition on file in this cause.
I, THE UNDERSIGNED, do further warrant and represent that I have
read the above and foregoing instrument and that I understand that
this is a full, final and complete release and settlement of any and
all claims, held, owned or possessed by the City of Lubbock against
the said Jack Cooper Construction Company, Inc., a/d/a Triple C
Construction Company, Inc., and Highlands Insurance Company, and all
persons and parties in privity with them by reason of said incident
as above described. I am executing this release as Mayor of the City
of Lubbock and represent that I am authorized to act for and on behalf
of said City.
WHEREFORE, WITNESS THE HANDS OF THE UNDERSIGNED, this the 26th
day of April , A.D. 1990.
CITY OF LUBBOCK
By: C
B.C. "PECK" McMINN, Mayor
ATTEST
City Secretary
APPROVED:
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
By: IC S% P11*
�
Rosanne Piatt
Assistant City Attorney
ATTORNEYS FOR PLAINTIFFS
Q 3 `3tpo
FULL RELEASE
For Valuable Consideration, the receipt and sufficiency of
which is hereby acknowledged, The City of Lubbock FULLY RELEASES
AND DISCHARGES BIF, General Signal Controls, Inc., and General
Signal Corporation, including their officers, directors,
employees, representatives subsidiaries, affiliates, successors,
and assigns from any claim or cause of action, including without
limitation (1) any claim or cause of action which was raised or
could have been raised in Cause No. 86-514628; City of Lubbock v.
BIF, Inc. and Jack Cooper Construction Company, Inc.; In the 99th
District Court of Lubbock County, Texas; (2) any claim or cause of
action arising out of or related to that certain incident
occurring on or about January 1, 1984 when the "pipe gallery" of
the City of Lubbock's Municipal Water Treatment Plant flooded; and
(3) any claim or cause of action arising out of or related to the
rate of flow controller, butterfly valve, venturi tube and/or
electric valve actuator manufactured by BIF and installed in the
City of Lubbock's Municipal Water Treatment Plant in 1982.
The City of Lubbock further agrees to cause the entry of a
take -nothing judgment or a dismissal with prejudice of the said
Cause No. 86-514628; City of Lubbock v. BIF, Inc. and Jack Cooper
construction Company, Inc.; In the 99th District Court of Lubbock
County, Texas.
The City of Lubbock warrants that it is the owner of the
claims being released.
Executed the 26th day of April , 1990 .
The City coif Lubbock
B. C. McMINN, MAYOR
Printed name, capacity
NOTED and AGREED:
John Ross, Jr.
City Attorney
Dennis W. McGill
Rosanne Piatt
Assistant City Attorneys
Attorneys for The City of Lubbock