HomeMy WebLinkAboutResolution No. 6646 (Metromedia Litigation Settlement)RESOLUTION NO. 6646
RESOLUTION AUTHORIZING SETTLEMENT OF LITIGATION
BETWEEN THE CITY OF SAN RAFAEL, AND METROMEDIA,
INC.. d.b.a. FOSTER AND KLEISER
WHEREAS, there presently exists litigation between the CITY OF
SAN RAFAEL and FOSTER AND KLEISER entitled METROMEDIA, INC., vs. CITY OF
SAN RAFAEL, et al., United States District Court No. C 82-1682 TEH,
regarding a previously existing billboard located within San Rafael.
IT IS RESOLVED that the attorneys for the CITY OF SAN RAFAEL
are authorized to settle this litigation as follows: FOSTER AND KLEISER
will dismiss the pending action with prejudice, provide a complete
release to the CITY OF SAN RAFAEL and each of the named defendants and
relinquish any right to apply for, install, or maintain a billboard of
any sort at the location described in their complaint, now and in the
future, in exchange for Thirty -Five Thousand Dollars ($35,000.00).
THIS SETTLEMENT does not constitute an admission of liability
on the part of any of the parties, is undertaken by the CITY OF SAN
RAFAEL for the purpose of enhancing the aesthetic approaches to the City,
and concludes negotiations initiated prior to the filing of this litiga-
tion.
THE FOREGOING ACTION was taken at a special meeting of the
City Council of San Rafael held on Tuesday, September 27, 1983, by the
following vote -
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILME11.3ERS : Frugoli
ABSENT: COUNCII&EMBERS: None
I. JEANNE M. LEONCINI, Clerk of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted on
the Consent Calendar at a regular meeting of the City Council of San
Rafael held on Monday the third
day of October 1983,
by the following vote:
AYES: COUNCILMEMBERS:Breiner, Jensen, Acting Mayor Miskimen
NOES: COUNCILMEMBERS:Frugoli
ABSENT: COUNCILMEMBERS:Mayor Mulryan
JEANNE M. LEONCI, City Clerk
By
REG NA BUCHANAN, Deputy City Clerk
O'k-LU G I N A L �O"