Loading...
R-79-229 - 7/31/1979r II RESOLUTION N0. r9A 1 WHEREAS, Mike Bennett and Mary Anneliese Bennett have filed a petition for a permanent injunction against the City of Round Rock to enjoin the City from terminating water service to his store located at 1300 Round Rock Avenue, and WHEREAS, the City has filed a cross - petition for a permanent injunction against Mike Bennett to enjoin him from opening and operating a store at 1300 Rouhd Rock Avenue, -• 1 WHEREAS, both said petitions are now pending in No. 79 -118 -C of the 26th Judicial District Court of Williamson County, Texas, and WHEREAS, all parties to said petitions wish to reach a full and final settlement of all matters and all causes of action arising out of said petition and cross - petition, and WHEREAS, a Compromise and Settlement Agreement has been pro- posed which incorporates all of the terms of the settlement as stated in the Council meeting held on July 30, 1979, and WHEREAS, the Council wishes to enter into said Compromise and Settlement Agreement with Mike Bennett and Mary Anneliese Bennett. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT The mayor of the City of Round Rock, Texas, is hereby authorized and directed to execute on behalf of the City, a Compromise and Settlement Agreement, a copy of such agreement being attached hereto and incorporated herein for 11 purposes. RESOLVED this 31 day of , 1979. ATTEST: 4/(4/.0 " " /YI, JO NNE LAND, Ci y Secretary ;0 4444;1-- Mike - -Ro inson, - Pro -tem City of Round Rock, Texas COMPROMISE AND SETTLEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This agreement between Mike Bennett and Mary Anneliese Bennett, hereinafter referred to as Bennett, and the City of Round Rock, hereinafter referred to as City; WHEREAS, Bennett has filed a petition for a permanent in- junction against the City, to enjoin the City from terminating water service to his store at 1300 Round Rock Avenue and WHEREAS, the City has filed a cross - petition for a permanent injunction against Bennett to enjoin Bennett from operating a store at 1300 Round Rock Avenue, and WHEREAS, both petitions are now pending in the 26th Judicial District Court of Williamson County, Texas, Cause No. 79- 118 -C, and WHEREAS, both parties hereto wish to reach a full and final settlement of all matters and all causes of action arising out of the matters as hereinabove set forth, NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and agreements to be performed, as hereinafter set forth, agree as follows; 1. The parties agree to file an agreed judgment, a copy of which is attached hereto and incorporated herein for all purposes. 2. That Bennett agrees to pay for the services of a qualified off -duty patroLman to direct traffic at the intersection of FM 620 and Lake Creek Drive during time of critical traffic flow every school day while school is in:session until a traffic signal is established at the corner of said intersection of. FM 620 and Lake Creek Drive; 3. That Bennett agrees to pay for said patrolman for not more than three (3) hours per day for each school day and that said patrolman may be dismissed from duty for the specified three - hour period only by the Round Rock Chief of Police, and only when r- in the opinion of the Chief of Police the traffic flow conditions do not warrant such services of the said problems; 4. That Bennett, with the intention of binding himself and herself, their heirs, executors, administrators, and assigns do hereby expressly release and discharge the City of Round Rock, its officials, administrators, and employees from all claims, demands, actions, and judgments, which Bennett ever had, or now has, or may have, against the City of Round Rock, its officials, administrators, and employees for anything that has occured up to July 30, 1979. 5. That the City will issue a Certificate of Occupancy for Bennett's store at 1300 Round Rock Avenue, Round Rock, Texas, during the first business day following the execution of the judgment provided herein. 6. The parties agree that the terms of this compromise and settlement agreement bind the parties hereto, their heirs, executors, administrators, and assigns. The parties hereto have read this agreement and understand all of its terms. They execute it voluntarily and with full knowledge of its significance. Dated this 31st day of July, 1979. Attest; Joanne Land, City Secretary APPROVED, By Mike Bennett Mary Anneliese Bennett City of Round Rock Mike Robinson, Mayor Pro -Tem Lee Chote Stephan L. Sheets MIKE BENNETT, ET AL v s. NO. 79 -118 -C § IN THE 26TH JUDICIAL § DISTRICT COURT OF § CITY OF ROUND ROCK, ET AL § WILLIAMSON COUNTY, TEXAS FINAL JUDGMENT On this day came on to be heard the above `styled and lumbered cause, wherein MIKE BENNETT and MARY ANNELIESE BENNETT are Plaintiffs and Cross - Defendants, and CITY OF ROUND ROCK is Defendant and Cross - Plaintiff, and came said parties by and through their respective attorneys of record and announced that an agreement had been reached, subject to approval by the Court, settling all matters in dispute between them; And it appearing to the Court that such agreement is in the best interests of justice and should be approved, It is, therefore, ORDERED, ADJUDGED and DECREED by the Court: , 1. That Defendant, CITY OF ROUND ROCK,'be, and it is hereby:- restrained and enjoined from terminating water sexvice Plaint:iff',s grocery store at 1300 Round Rock Avenue, Round Rock, Texas,, so long as all reasonable and customary charges for such water service are timely paid. 2. That Cross - Defendant, MIKE BENNETT, be, and he 'is hereby retrained and enjoined from operating any place of business at 1300 Round Rock Avenue, Round Rock, Texas, at any time when school is in session at Round Rock High School, Round Rock, Texas, unless the said MIKE BENNETT shall be in compliance with the agreement for compensation of an off -duty patrolman entered into this date by and between MIKE BENNETT and CITY OF ROUND ROCK. 3. Ail other relief sought by the parties hereto, not expressly granted hereby, is denied. 4. All costs of court herein are taxed against the party ' incurring same. 5. The clerk shall forthwith, when so requested by counsel 14 lt for either party, issue writs of injunction in'conformity with!the ,3 R + t law and the terms of this judgment. SIGNED this day of July, 1979. APPROVED AS TO FORM: VENDA L, NDLE , FINCH & OSBORN By; (A.. Terrence Kendall Attorneys for Plaintiffs Stephan L. Sheets Attorney for Defendant JUDGE PRESIDING