2007R03-Drainage Modification Circle Oak
RESOLUTION NO.
07-R-03
A RESOLUTION BY THE CITY COUNCIL OF
SCHERTZ, TEXAS AUTHORIZING A DRAINAGE
AGREEMENT AND RELEASE; AND OTHER
CONNECTION THEREWITH
THE CITY OF
MODIFICATION
MATTERS IN
WHEREAS, Charlie L. Kucherka, 1328 Circle Oak Drive, Schertz, Texas ("Kucherka"),
and Gary and Jacqueline Middleton, 1402 Circle Oak Drive, Schertz, Texas (together,
"Middleton") believe that they have experienced storm water drainage problems affecting the
above-described properties (the "Properties") as a result of the development of certain drainage
facilities adjacent to or in the vicinity of the Properties; and
WHEREAS, the City of Schertz, Texas (the "City") has agreed to modify certain
drainage facilities to attempt to alleviate such problems; and
WHEREAS, the City expressly denies liability for such problems but has agreed to enter
into the herein described Drainage Modification Agreement and Release for the purpose of
settlement of disputed claims and to avoid the expense oflitigation; and
WHEREAS, the City, Kucherka, and Middleton desire to completely, mutually and fully
release each other, their agents, officers, officials, representatives, employees, attorneys, heirs,
successors, assigns and subcontractors from all causes of action, claims, losses, charges,
demands, and/or litigation at law or in equity, under statute or common law, known and
unknown, of any kind whatsoever, which exist or may exist between or among them relating to
the subject matter of the Drainage Modification Agreement and Release; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver a Drainage Modification Agreement and Release in substantially the form set forth on
Exhibit A hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws ofthe State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
20179894.1
1
of such provision to other persons and circumstances shall nevertheless be valid, and the Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice ofthe time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 9th day of January, 2007.
EXAS
ATTEST:
c#v~
(CITY SEAL)
20179894.1
2