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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
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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
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