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2005 4 RESOLUTION 27O5 A RESOLUTION APPROVING THE SETTLEMENT OF AN ACTION STYLED JACOB D. YOUNG V. WEST MEMPHIS UTILITIES, 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 Jacob D. Young v. West Memphis Utilities, case number 3:11CV125BSM which seeks damages and injunctive relief 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 plaintiff; and WHEREAS, a tentative settlement has been negotiated by the parties, subject to the approval of the West Memphis Utility Commission and the West Memphis City Council, for the dismissal of the plaintiffs Complaint with prejudice; and WHEREAS,the negotiated settlement provides for payment of$952.64 as back wages and $5,184.00 in damages to the plaintiff and other relief to the plaintiff and the payment of $8,400.00 to plaintiff's legal counsel as attorney fees and costs; and WHEREAS, the West Memphis Utility Commission has recommended the approval of the settlement by the City Council; 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 4' ' with prejudice of the action styled Jacob D. Young v. West Memphis Utilities, case number 3:11CV125BSM 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 17 day of Ay , 2012. WILLIAM H. JOHNSO ,Mayor ATTEST: P ' • • • , City Clerk SPONSORED BY: RECEIVED rkis office City Cle Daterrime