File #: 20059    Version: 0 Name: Settlement related to property damage Lazy Branch Creek
Type: Resolution Status: Passed
File created: 11/28/2018 In control: County Legislature
On agenda: 11/27/2018 Final action: 11/27/2018
Title: A RESOLUTION authorizing the County Counselor to execute Settlement Agreements with Mark M. and Rebecca M. Dye and Fernando Rodriquez Jr., and Shannon S. Rodriguez, concerning damages to their residential properties in unincorporated Jackson County allegedly caused by the County's negligence in connection with the 2006 Lazy Branch Creek Project.
Sponsors: Garry J. Baker
Indexes: SETTLEMENT OF CLAIM
Attachments: 1. 20059adopted.pdf

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

Title

A RESOLUTION authorizing the County Counselor to execute Settlement Agreements with Mark M. and Rebecca M. Dye and Fernando Rodriquez Jr., and Shannon S. Rodriguez, concerning damages to their residential properties in unincorporated Jackson County allegedly caused by the County’s negligence in connection with the 2006 Lazy Branch Creek Project.

 

 

Intro

RESOLUTION NO. 20059, November 27, 2018

 

INTRODUCED BY Garry Baker, County Legislator

 

 

Body

 WHEREAS, Mark M. and Rebecca M. Dye and Fernando Rodriguez, Jr., and Shannon S. Rodriguez, owners of adjacent residential real properties in unincorporated Jackson County, have made claims for damages to their properties allegedly caused by the County’s negligence in constructing the County’s 2006 Lazy Branch Creek Project; and,

 

WHEREAS, while the County denies any such negligence, the County Counselor and County Administration recommend the settlement of these claims by the construction of an erosion remediation project at the rear of these properties, along the creek; now therefore,

 

BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the County Counselor be and hereby is authorized to execute the attached “Settlement Agreement, Release, and Waiver of Claims” documents on behalf of the County; and,

 

BE IT FURTHER RESOLVED that all County officials and employees be and hereby are authorized to take any and all actions necessary to give effect to the intent of this Resolution...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 No. 20059 of November 26, 2018, was duly passed on November 27, 2018 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