RESOLUTION NO. RS2003-1335

A resolution approving the compromise and settlement of the lawsuit of the Metropolitan Government against Roese Contracting Company for the amount of nineteen thousand eight hundred sixteen dollars and seventy-four cents ($19,816.74) and directing that this amount be paid into the appropriate fund(s) determined by the Metropolitan Department of Finance.

Whereas, on September 30, 1999, Roese Contracting Company struck the Metropolitan Government’s 48-inch water main at Rains Avenue and Merritt Avenue, thereby causing damage to the main and loss of water; and

Whereas, Roese Contracting Company refused to pay for the damage done to the Metropolitan Government’s water main and the Metropolitan Government filed a lawsuit against Roese Contracting Company to collect the amount owed for such damage; and

Whereas, after a thorough investigation of this accident, the Department of Law believes that the settlement set forth in Section 1 below is fair and reasonable, and recommends that this lawsuit be compromised and settled and that said amount be paid to the into the appropriate fund(s) as determined by the Metropolitan Department of Finance.

Now, therefore, be it resolved by the Council of the Metropolitan Government of Nashville and Davidson County:

Section 1. That the Metropolitan Department of Law is authorized to compromise and settle its lawsuit against Roese Contracting Company for the amount of nineteen thousand eight hundred sixteen dollars and seventy-four cents ($19,816.74) and that said amount should be paid to the appropriate fund(s) as determined by the Metropolitan Department of Finance.

Section 2. That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Craig Jenkins

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: January 21, 2003
Adopted: January 21, 2003
Approved: January 22, 2003
By: Bill Purcell