RE 01-03-91.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.010391.1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING A
SETTLEMENT AGREEMENT CONCERNING AN ASSESSMENT LEVIED AGAINST HATTIE
MAE LESLEY AND HER PROPERTY PURSUANT TO PAVING AND OTHER
CONSTRUCTION ON BELT LINE ROAD AUTHORIZED BY RESOLUTION NO. 102886.1
AND ORDINANCE NO. 86-367; AUTHORIZING THE MAYOR TO EXECUTE SUCH
AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE ANY INSTRUMENTS
NECESSARY TO CARRY OUT THE TERMS AND INTENT OF THE AGREEMENT
INCLUDING ANY INSTRUMENTS NECESSARY TO RELEASE AND CANCEL ANY LIEN
IMPOSED AGAINST SAID PROPERTY AS A RESULT OF SAID ASSESSMENT AND
RELEASE AND CANCEL THE CERTIFICATE OF ASSESSMENT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Coppell levied an assessment in the amount of $533,216.18 against
Hattie Mae Lesley and her property (the "assessment") to cover a portion of the costs
to be incurred for paving and other construction of Belt Line Road (N/S) adjacent to
her property; and
WHEREAS, said assessment was levied by City of Coppel! Resolution No. 102886.1
and Ordinance No. 86-367; and
WHEREAS, the City of Coppell issued Certificate of Special Assessment Number
89-101 relating to the assessment against Hattie Mae Lesley and said property; and
WHEREAS, Hattie Mae Lesley has contested the assessment, including within her
contest, her contention that much of her property is her homestead and therefore exempt
from the imposition of an assessment Hen, but has agreed to settle such assessment by
paying the City of Coppell the sum of $225,000.00; and
WHEREAS, the City of Coppell has agreed to accept such sum in settlement of
said disputed assessment, lien, and certificate, and the parties' agreement to dismiss
their claims in the law suit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.
That the City Council of the City of Coppell, Texas, hereby approves the
Settlement Agreement between the City of Coppell and Hattie Mae Lesley, a copy of
which is attached hereto, and authorizes the Mayor to execute such agreement settling
the disputed assessment, lien, and certificate levied against Hattie Mae Lesley and her
property for the sum of $225,000.00. The Mayor is further authorized to execute any
instruments necessary to carry out the terms and intent of the agreement including any
instrument necessary to release and cancel any claim against Hattie Mae Lesley and
any lien imposed against said property as a result of said assessment and cancel and
release Certificate of Special Assessment No. 89-101.
SECTION 2.
That this resolution shall become effective immediately upon its adoption and
passage.
DULY ADOPTED AND PASSED by the City Council of the City of Coppell, Texas,
on the 3rd day of January, 1991.
THE CITY OF COPPELL, TEXAS
MAYOR~/ !
ATTEST:
CI~ ~CRETARY
APPROVED AS TO FORM:
CR~1-0103
CERTIFICATE OF AUTHENTICITY
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, Dorothy Timmons, City Secretary of the City of Coppell, Texas, hereby certify
that the above and foregoing is a full true and correct copy of the original resolution
now in my lawful custody and possession, filed in the office of the City Secretary of
the City of Coppell, Texas, on the ~ day of ,~_'.-~.. , 19 ~/ and as the
same is recorded in my office in the Official Book ofc~Resolutions of the City of Coppell,
Texas, as Resolution Number 010391.1 , duly a~dopted and passed by the City Council
of the City of Coppell on the.~,e~ day of ~.~-- , 19~/ .
I certify on this the /-/~'~ day of ~.~,.~-~ , 19~/ .
Dorothy Timmon~ -J
City Secretary(/ City of Coppell, Texas
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, personally appeared Dorothy Timmons, known
to me to be the City Secretary of the City of Coppell, Texas. I hereby certify that she
is the official City Secretary of the City of Coppell, Texas, and her signature to the
foregoing Certificate Of Authenticity is genuine.
I certify on this the /~/~_ day of :/~//}~ , 19~/.
.~,~s~.~. Notary Public, State of Texas
Printed Name of Notary
My Commission Expires ~..~/. /~/
_ k '-.' / ~.t,~.;.,";,.~ 7.;
· ' FIGARI & DAVENPO.
ATTORNEYS AND COUNSELORS
901 Main Street, LB 125 1
Dallas, Texas 75202 /
writer'~ Direct Dial ~umber 214-939-2~ ~
(214) 939--2007 3anuarv 18, 1991
Mr. Lawrence W. Jackson
Sallinger, Nichols, Jackson
Kirk & Dillard
1800 Lincoln Plaza FILED FOR BEOOBD
500 North Akard Street
Dallas, Texas 75201 JAN g 81991
Ms. Dorothy Timmons, City Secretary City Secretary
City of Coppell - City Hall Dept.
255 Parkway Blvd.
P. O. Box 478
Coppell, Texas 75019
Re: Cause No. 86-15013-B, Hattie Mae Lesley
vs. The City of Coppell
Dear Larry and Dorothy:
Enclosed please find a file-stamped copy of the Agreed
Motion to Dismiss and a copy of the Agreed Final Judgment of
Dismissal that was entered by the Court on January 16, 1991. I
believe the enclosed items are self-explanatory.
It was a pleasure to represent the City in connection with
this matter. Although the result was not as favorable as we had
hoped for, I certainly consider the settlement to be a reasonable
one. Of course, if you have any questions or comments regarding
the foregoing, or require any further assistance in connection
with this or any other matter, you should not hesitate to contact
me.
Sincerely,
Don Colleluori
DC/rs
Enclosure
cc: Mr. Frank Trando, w/enclosure
NO. 86-15013-B
HATTIE MAE LESLEY, IN THE
Plaintiff,
VS. DALLAS CO~TY~
CITY OF COPPELL, TEXAS,
D~fendant. 44TH JUDICIAL DISTRICT
AGREED MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
Come now Plaintiff Hattie Mae Lesley and Defendant the City of
Coppell, Texas, and move the Court to enter an order of dismissal
in this action, and in support thereof, would show the Court the
following:
I.
Plaintiff and Defendant have compromised and settled all the
claims and disputes between them that were the subject of this
action.
WHEREFORE, PREMISES CONSIDERED, Plaintiff and Defendant
respectfully request that the Court enter a final judgment
dismissing all of the claims and counterclaims asserted herein with
prejudice, with costs taxed against the party incurring same.
AGREED MOTION TO DISMISS - PAGE 1
Respectfully submitted,
FIGARI & DAVENPORT
~rnest E. Figari, Jr.
State Bar No. 06983000
Donald Colleluori
State Bar No. 04581950
4800 NCNB Plaza
901 Main Street
Dallas, Texas 75202
(214) 939-2000
(214) 939-2090 Telecopy No.
ATTORNEYS FOR DEFENDANT
CITY OF COPPELL, TEXAS
JORDAN, DUNLAP & PRATHER
Robert C. Prather
State Bar No. 16235000
Jerry N. Jordan
State Bar No. 11013000
8115 Preston Road, Suite 500
Dallas, Texas 75225
(214) 696-6060
(214) 696-6724 - Tetecopy No.
ATTORNEYS FOR PLAINTIFF
HATTIE MAE LESLEY
AGREED MOTION TO DISMISS - PAGE 2
HATTIE MAE LESLEY, IN THE DISTRICT COURT OF
Plaintiff,
VS. DALLAS COUNTY, TEXAS
CITY OF COPPELL, TEXAS,
Defendant. 44TH JUDICIAL DISTRICT
AGREED FINAL JUDGMENT OF DISMISSAL
Came on to be considered the Agreed Motion to Dismiss, and the
Court, having reviewed the Motion, and the other pleadings on file
herein, and being otherwise fully advised, finds and~concludes that
such Motion is well-taken and should be granted. It is, therefore,
ORDERED, ADJUDGED, and DECREED that all of the claims asserted
in the above-entitled and numbered action by Plaintiff Hattie Mae
Lesley against Defendant The City of coppell, Texas be, and the
same hereby are, dismissed with prejudice; and it is further
ORDERED, ADJUDGED, and DECREED that all of the counterclaims
asserted in the above-entitle~ and numbered action by Defendant The
City of Coppell, Texas against Plaintiff Hattie Mae Lesley be, and
the same hereby are, dismissed with prejudice; and it is further
ORDERED, ADJUDGED, and DECREED that all costs of suit shall be
taxed against the party incurring same.
AGREED FINAL JUDGMENT OF DISMISSAL - PAGE i
SIGNED this /~-~day of January, 1991.
JUDGE PRESIDI~NG
APPROVED AND AGREED TO
AS TO FORM AND SUBSTANCE
FIGARI & DAVENPORT
Don Colleluori
4800 NCNB Plaza
901 Main Street
Dallas, Texas 75202
(214) 939-2000
ATTORNEYS FOR PLAINTIFF
JORDAN, DUNLAP & PRA~HER
Robert C. Prather
Jerry N. Jordan
8115 Preston Road, Suite 500
Dallas, Texas 75225
(214) 696-6060 ,
ATTORNEYS FOR PLAINTIFF
HATTIE MAE LESLEY
AGREED FINAL JUDGMENT OF DISMISSAL - PAGE