IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION approving the settlement of the claims of Stanion Wholesale Electric Co., Inc., in the case styled Stanion Wholesale Electric Co., Inc. v. R.F. Fisher Electric Co., LLC et al, No. 2016-CV12845, now pending in the Circuit Court of Jackson County, Missouri, for a total payment by the County of $29,500.00.
Intro
RESOLUTION NO. 21084, October 31, 2022
INTRODUCED BY Charlie Franklin, County Legislator
Body
WHEREAS, Stanion Wholesale Electric Co., Inc., has filed a lawsuit styled Stanion Wholesale Electric Co., Inc. v. R.F. Fisher Electric Co., LLC et al, No. 2016-CV12845, now pending in the Circuit Court of Jackson County, Missouri, seeking damages from Jackson County for an alleged breach of duty under section 107.170, RSMo; and,
WHEREAS, after a thorough investigation and negotiations, the County Counselor recommends a settlement in the amount of $29,500.00, to be paid by the County to Stanion Wholesale Electric Co., Inc., and/or its attorney, Leslie Boe; and,
WHEREAS, the proposed settlement will limit the County’s financial obligation in this matter and is in the best interests of the health, safety, and welfare 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 claims of Stanion Wholesale Electric Co., Inc., in the case styled Stanion Wholesale Electric Co., Inc. v. R.F. Fisher Electric Co., LLC et al, No. 2016-CV12845, now pending in the Circuit Court of Jackson County, Missouri, by the total payment of $29,500.00, in full, final, and complete release of all of its claims against the County and all of its employees, officers, agents, and servants, as to any damages incurred; 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 Finance and Purchasing be and hereby is authorized to issue a check or checks in an amount totaling $29,500.00 in full and complete settlement of this claim, payable to Stanion Wholesale Electric Co., Inc., and/or its attorney, Leslie Boe d/b/a Dysart Taylor Cotter McMonigle & Brumitt PC, pursuant to the specific direction 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 No. 21084 of October 31, 2022, was duly passed on October 31, 2022 by the Jackson County Legislature. The votes thereon were as follows:
Yeas________6__________ Nays_______0__________
Abstaining______2________ Absent______1__________
____________________ _______________________________
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 1101 56380
ACCOUNT TITLE: Self Insurance Fund
County Counselor
Uninsured Claimants
NOT TO EXCEED: $29,500.00
_______________________ _______________________________
Date Chief Administrative Officer