1809RESOLUTION I ~d 9
A RESOLUTION APPROVING THE SETTLEMENT OF AN ACTION
STYLED SIGNATURE COMBS, INC., ET AL. V. CITY OF WEST
MEMPHIS, ARKANSAS, AND AUTHORIZING THE MAYOR TO
EXECUTE THE SETTLEMENT AGREEMENT AND TO TAKE SUCH
OTHER ACTIONS AS MAY BE NECESSARY TO EFFECTUATE THE
SETTLEMENT, AND FOR OTHER PURPOSES.
WHEREAS, an action has been filed in the United States District Court for the Eastern
District of Arkansas, Jonesboro Division, styled Signature Combs, Inc., v. City of West
Memphis, Arkansas, case number 3:99CV00315 which seeks contribution for expenses
associated with the cleanup of the South 8`" Street Landfill and the Gurley Pit Superfund sites as
provided by the Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA) and the Superfund Amendments and Reauthorization Act of 1986 (SARA) and;
WHEREAS, the City of West Memphis has denied liability and continues to deny
liability for each and every cause of action alleged by the plaintiffs; and
WHEREAS, a tentative settlement has been negotiated by the parties, subject to the
approval of the West Memphis City Council, for the dismissal of the plaintiffs' Complaint with
prejudice; and
WHEREAS, the negotiated settlement provides for payment of $14,670.00 to the
plaintiffs; and
WHEREAS, the West Memphis City Council finds that the negotiated settlement
protects the interests of the City of West Memphis and will save the expenses of protracted
litigation, and is in the best interest of the City of West Memphis;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT the negotiated settlement for the dismissal
with prejudice of the action styled Signature Combs, Inc., et al. v. City of West Memphis,
Arkansas, case number 3:99CV00315 in the U. S. District Court for the Eastern District of
Arkansas, Jonesboro Division, is hereby approved and the Mayor is hereby authorized to execute
the settlement agreement and to take such actions and to execute any necessary documents or
pleadings to effectuate the negotiated settlement.
ADOPTED this ~ day of April, 2005.
~~~..~ /~
WILLIAM H. JO N, Mayor
ATTEST:
PHILLIP PARR, City Clerk ~~~~~~~~ ~~
SPONSORED BY:
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