HomeMy WebLinkAbout1979 Resolution No. 0018L...
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RESOLUTION MO. 1 , SERIES OF 1979
AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE
CITY OF ENGLEWOOD TO PAY TO MARTIN MARIETTA CORPORATION THE
SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) IN
FULL AND COMPLETE SETTLEMENT OF PRESENTLY PENDING LITIGATION.
WHEREAS, Alfred P. Atchison has heretofore asserted
a claim against the City of Englewood and against the Martin
Marietta Corporation, on a joint and several basis, for damages
in exce•• of Four Million Dollars ($4,000,000), which such
claim ha• been involved in that litigation pending before the
Di•trict Court in and for the County of Jefferson, State of
Colorado, under Civil Action No. 34915 in said Court; and
WHEREAS, in previous proceedings in that litigation
before the Colorado Supreme Court, it has been determined that
both the City of Enflewood and the Martin Marietta Corporation
are, collectively, iable to Alfred Atchison for all damages
•u•tained by him as a result of the City's conveyance in 1967
of certain realty to Martin Marietta Corporation; and
WHEREAS, Martin Marietta Corporation has instituted
suit against the City of Englewood in the same Court under Civil
Action No. 78CV0352, wherein it is asserted by Martin Marietta
Corporation that the City of Englewood is liable to it for any
sums which it may be required to pay as a result of the former
litigation; and
WHEREAS, the claim asserted by Alfred Atchison against
the City has been agreed to be dismissed, with prejudice, upon
the payment to him, on or before January 15, 1979, of the sum
of Two Million Three Hundred Thousand Dollars ($2,300,000) by
Martin Marietta Corporation, which such payment Martin Marietta
Corporation has heretofore agreed to make; and
WHEREAS, Martin Marietta Corporation has offered to
di•misa all claims asserted by it against the City of Englewood
in the second above-described litigation; and
WHEREAS, based upon advice of counsel, it i• the judg-
ment of this City Council that the above-described offer •hould
be accepted;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Englewood that the Director of Finance of thi•
City should be, and is hereby, authorized and directed to pay
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to Martin Marietta Corporation, or its order, the sum of
Seven Hundred Fifty Thousand Dollars ($750,000), in cash,
on or before January 15, 1979, provided, however, that,
aillultaneously with such payment, the said Director of
Finance is tendered, in forms approved by the City Attorney,
such Court orders, releases, or other documents as may be
appropriate to assure that the claim, or claims, asserted
by Hartin Marietta Corporation against the City of Englewood
in the aforesaid litigation shall be dismissed and released
in their entirety.
ADOPTED AND APPROVED this 2nd day of January, 1979.
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ATTEST:
I, William D. James, ex officio City Clerk-Treasurer,
of the City of Englewood, Colorado, do hereby certify that the
above and foregoing is a true, accurate and complete copy of
Resolution No. __ l _ , Series of 1979 •