File #: 16749    Version: 0 Name: settle lawsuit Farmers Insurance v. JaCo
Type: Resolution Status: Passed
File created: 10/27/2008 In control: County Legislature
On agenda: 10/27/2008 Final action: 10/27/2008
Title: A RESOLUTION authorizing the County Counselor to settle the lawsuit styled Farmers Insurance Company v. Jackson County, MO, No. 0716-CV37254, now pending in Circuit Court of Jackson County, Missouri, for the payment of $50,000.00.
Sponsors: Dan Tarwater III
Indexes: CIRCUIT COURT, Lawsuit, SETTLEMENT OF CLAIM
Attachments: 1. 16749 adopted
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
 
 
Title
A RESOLUTION authorizing the County Counselor to settle the lawsuit styled Farmers Insurance Company v. Jackson County, MO, No. 0716-CV37254, now pending in Circuit Court of Jackson County, Missouri, for the payment of $50,000.00.
 
 
Intro
RESOLUTION #16749, October 27, 2008
 
INTRODUCED BY Dan Tarwater, County Legislator
                        
 
Body
WHEREAS, there is pending in the Circuit Court of Jackson County, MO, as Case No. 0716-CV37254, the case of Farmers Insurance Company v. Jackson County, MO; and,
 
WHEREAS, in this case the plaintiff, Farmers Insurance Company, alleges that Jackson County is liable to it for damages caused by a fire at Farmers' insured premises, the Interstate Building, 417 E. 13th Street, Kansas City, MO; and,
 
WHEREAS, Farmers alleges that the fire in question was caused by the negligence of a County employee who was smoking in a storage area leased to the County; and,
 
WHEREAS, the County has disputed this allegation; and,
 
WHEREAS, after discovery and mediation, the County Counselor recommends that this lawsuit be settled by the County's payment of $50,000.00, in exchange for a full and complete release of all claims; and,
 
WHEREAS, the recommended settlement is in the best interest of the health, welfare, and safety of the citizens of Jackson County; now therefore,
 
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Counselor be and hereby is authorized to settle the lawsuit styled Farmers Insurance Company v. Jackson County, MO, now pending as Case No. 0716-CV37254, in the Circuit Court of Jackson County, Missouri; and,
 
BE IT FURTHER RESOLVED by the County Counselor and any and all other County officials be and hereby are authorized to execute any and all documents necessary to give legal effect to this settlement; and,
 
BE IF FURTHER RESOLVED that the Director of the Department of Finance and Purchasing be and hereby is authorized to make payments totaling $50,000.00 in settlement of this lawsuit, pursuant to the specific directions of the County Counselor.
 
 
 
 
 
 
 
 
Enacted and Approved
Effective Date:  This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
 
APPROVED AS TO FORM:
 
 
________________________________      _______________________________
Chief Deputy County Counselor                  County Counselor
 
Certificate of Passage
 
      I hereby certify that the attached resolution, Resolution #16749 of October 27, 2008, was duly passed on October 27, 2008 by the Jackson County Legislature.  The votes thereon were as follows:
 
      Yeas _________7___________            Nays ________0___________
 
      Abstaining ______0________            Absent _______2__________
 
_______________________                  ________________________________
Date                                          Mary Jo Spino, Clerk of Legislature
 
 
Fiscal Note
There is a balance otherwise unencumbered to the credit of the appropriation to which the expenditure is chargeable and there is a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made each sufficient to provide for the obligation herein authorized.
 
ACCOUNT NUMBER:       060      5160      56310
 
ACCOUNT TITLE:           Self Insurance Fund
                        Non-Departmental
                        Property Damage
                                        
NOT TO EXCEED:           $50,000.00
 
 
_______________________                  _________________________________
Date                                          Director of Finance and Purchasing