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HomeMy WebLinkAbout15733RESOLUTION NO. 15733 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND CRISTY GONZALES, RELATED TO SETTLEMENT OF UNITED STATES DISTRICT COURT OF COLORADO ACTION NO. 23-CV-03125- DDD-MDB BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. attached hereto, between the City of Pueblo, a Colorado Municipal Corporation, and Cristy approved. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement to implement the actions described herein. SECTION 3. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: August 26, 2024 BY: Dennis Flores MEMBER OF CITY COUNCIL APPROVED: __________________________ PRESIDENT OF CITY COUNCIL ATTESTED BY: ________________________ DEPUTY CITY CLERK City Clerk's Office Item # M11 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 26, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Carla Sikes, City Attorney SUBJECT: A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND CRISTY GONZALES, RELATED TO SETTLEMENT OF UNITED STATES DISTRICT COURT OF COLORADO ACTION NO. 23-CV-03125-DDD-MDB SUMMARY: United States District Court of Colorado Action no. 23-CV-03125-DDD-MDB concerning occurred during enforcement action taken to recover a stolen vehicle PREVIOUS COUNCIL ACTION: No prior Council action exists with respect to this matter. BACKGROUND: Colorado on November 26, 2023, Case No. 23-CV-03125-DDD-MDB, asserting claims against the City, arising out of contact Gonzales had with police department officers on February 21, 2022. Both sides are desirous of settling the litigation before it proceeds further. In order to do so, the attached Settlement Agreement and Release of Claims The attached Agreement is recommended by both outside legal counsel and CIRSA as a reasonable settlement of this matter. The Agreement requires the City to pay the sum of One Hundred Eighty-Two Thousand Five Hundred Dollars ($182,500) to Gonzales. FINANCIAL IMPLICATIONS: The Settlement Agreement and Release of Claims requires the City to pay the sum of One Hundred Eighty-Two Thousand Five Hundred Dollars ($182,500) to Gonzales. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: City Council could decide not to approve the Settlement Agreement and Release of Claims. If this occurs, the litigation will continue in federal district court. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. Gonzales - notarized release