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HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY GEORGIACARRY.ORG, INC. AND KEVIN FOX IN THE AGGREGATE SUM OF TWENTY-ONE THOUSAND EIGH HUNDRED EIGHTY-SIX DOLLARD AND SIXTY-FIVE CENTS • RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY GEORGIACARRY.ORG, INC. AND KEVIN FOX (CLAIMANTS) IN THE AGGREGATE SUM OF TWENTY-ONE THOUSAND EIGHT HUNDRED EIGHTY-SIX DOLLARS AND SIXTY-FIVE CENTS($21,886.65),PAYABLE AS FOLLOWS: GEORGIACARRY.ORG, INC., KEVIN FOX, AND JOHN R. MONROE, AS THEIR ATTORNEY; FURTHER AUTHORIZING THE ADMINISTRATOR TO DISBURSE THE AMOUNT OF TWENTY-ONE THOUSAND EIGHT HUNDRED EIGHTY-SIX DOLLARS AND SIXTY-FIVE CENTS ($21,886.65); WAIVING AUGUSTA, GEORGIA CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. adLrl(6 S, Georgiacarry.org, Inc and Kevin Fox, filed suit for a declaration that Ordinance • ,i was preempted by state law in the Superior Court of Richmond County, Georgiacarry.org, Inc. and Kevin Fox vs. Richard Roundtree, in his official capacity as Sheriff of Richmond County, Georgia, Case #2014rccv437; WHEREAS, all parties to said lawsuit desire to settle all claims; and WHEREAS, Claimants have agreed to settle all claims against Richard Roundtree, in his official capacity as Sheriff of Richmond County, Georgia, for the sum of twenty-one thousand eight hundred eighty-six dollars and sixty-five cents ($21,886.65), payable to Georgiacarry.org, Inc., Kevin Fox, and John R. Monroe, as their attorney. WHEREAS,it is in the best interests of Augusta,Georgia to resolve this matter and pay the amount of twenty-one thousand eight hundred eighty-six dollars and sixty-five cents ($21,886.65) to Claimants as set out above to settle all claims of Claimants against Augusta-Richmond County, the Sheriff of Richmond County, and their employees and agents arising out of the facts alleged in said lawsuit: Augusta-Richmond County enacted Ordinance o to regulate pawn transactions involving used goods. The Sheriff's Office imposed a ten-day waiting period on transfers of used firearms. Mr. Fox inquired about transferring a firearm,but was told that he had to wait ten days. WHEREAS,Augusta,Georgia acknowledges that the payment set forth herein does not constitute any admission of liability on the part of Augusta, Georgia, Sheriff of Richmond County,or any of their deputies or employees and liability is expressly denied; NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia Commission, Settlement Resolution Carlos E.Seals v.Augusta-Richmond County et al. Case Number: 1:16-ev-ool5l-JRH-BICE Page 1 of 2 Section is The Augusta, Georgia Commission will settle the claims set forth above for the sum of twenty-one thousand eight hundred eighty-six dollars and sixty-five cents ($21,886.65), payable to Georgiacarry.org, Inc., Kevin Fox,and John R. Monroe, as their attorney. Section 2: The County Administrator is authorized to pay a total sum of twenty- one thousand eight hundred eighty-six dollars and sixty-five cents ($21,886.65), payable Georgiacarry.org, Inc., Kevin Fox, and John R. Monroe, as their attorney. Section 3: To the extent that any section of the AUGUSTA,GA.CODE is in conflict herewith,that subsection is waived for this instance only. Adopted this p i day of %//,L , 2016. 610 Ha di Davis, Jr. M•••►n� As its Mayor Itiggpe 40.4` vtICHMaiNk_ Ates : dee?"�.. •...• / . -n C. fission •c: