File #: 14265    Version: 0 Name: Marc McFall settlement of claim.
Type: Resolution Status: Passed
File created: 7/22/2002 In control: County Legislature
On agenda: 7/22/2002 Final action: 7/22/2002
Title: A RESOLUTION authorizing the Jackson County Counselor to settle a claim involving the estate of Marc McFall, for a total payment of $ 7,500.00.
Sponsors: Victor E. Callahan

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

 

Title

A RESOLUTION authorizing the Jackson County Counselor to settle a claim involving the estate of Marc McFall, for a total payment of $ 7,500.00.

 

 

Intro

RESOLUTION # 14265,      July 22, 2002   

 

INTRODUCED BY Victor E. Callahan, County Legislator

 

 

Body

WHEREAS, a claim against the Jackson County Prosecutor's Office was made wherein the plaintiff, the estate of a deceased individual, has alleged that the County wrongfully forfeited his automobile under the Criminal Activity Forfeiture Act (CAFA) and is therefore  responsible for the loss, enjoyment and use of said automobile; and,

 

WHEREAS, the Jackson County Counselor has recommended that  it is in the best interest of the health, welfare, and safety of the citizens of Jackson County that all of the plaintiff's claims be settled for the payment of $7,500.00 to plaintiff, as more specifically explained and detailed to the Jackson County Legislature by the County Counselor in closed session related to this litigation; 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 case of Marc McFall vs. Jackson County, Missouri for Jackson County, Missouri, for a total payment of $7,500.00, in full, final, and complete release of Jackson County and all of its employees, officers, agents, and servants; and,

 

BE IT FURTHER RESOLVED that the County Counselor be and hereby is authorized to execute any and all documents necessary to effect this settlement; and,

 

BE IT FURTHER RESOLVED that the Director of the Division of Finance is authorized to issue a  check of Jackson County, Missouri, in the total amount of $7,500.00 to plaintiff and her attorney  pursuant to instructions of the Jackson 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:

 

 

__________________________                       ____________________________________

                                                                                                                                         County Counselor

 

Certificate of Passage

 

                     I hereby certify that the attached resolution, Resolution #14265 of July 22, 2002, was duly passed on ___________July 22_______________, 2002 by the Jackson County Legislature.  The votes thereon were as follows:

 

 

                     Yeas _______7__________          Nays ______1_______

 

                     Abstaining ______0_______       Absent _____1________

 

______________________                       ____________________________________

Date                                                                                                        Mary Jo Brogoto, Clerk of Legislature

 

Fiscal Note

Funds sufficient for this expenditure are available from the source indicated below.

 

ACCOUNT NUMBER:                     060-5160-6380

 

ACCOUNT TITLE:                                          Self Insurance Fund

                                                                                    Non Departmental

                                                                                    Uninsured Claims

 

NOT TO EXCEED:                                          $7,500.00

 

 

 

                                                                                                                                                       

Date                                                                                                                              Director of the Department of Finance