02/26/2002 Resolutions 2002-61
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RES 0 L UTI 0 N 2002-61
WHEREAS, on July 20,2001, a panel of arbitrators determined that a payment of
$100,000 by the City to Richard Hartman and Patricia Hartman would adequately compensate the
Hartman's for their claims of property damage from the operation of the Platte Generating Station;
and
WHEREAS, on December 26,2001, the Hall County District Court entered judgment
for the Hartmans and against the City of Grand Island in the sum of$l 00,000 in an action to enforce
the arbitration award; and
WHEREAS, on January 15, 2002, the City of Grand Island filed its Notice of Appeal
to the Court of Appeals of the State of Nebraska; and
WHEREAS, a bond or other security is required by law to be filed with the Clerk of
the District Court upon the filing of such appeal to secure payment of the judgment in the event the
appeal is denied; and
WHEREAS, in lieu of providing a supersedeas bond, it is recommended that the City
pledge sufficient funds to pay the judgment and accrued interest as security for the judgment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Pledge in Lieu of Supersedeas Bond is
hereby approved, and the Finance Director is hereby authorized and directed to pledge sufficient
funds to pay the judgment and accrued interest in the case pending appeal from the District Court of
Hall County, Nebraska, captioned Richard Hartman and Patricia Hartman, husband and wife, vs.
City of Grand Island, Nebraska, a political subdivision, Case No. CI01-101l.
Adopted by the City Council of the City of Grand Island, Nebraska on February 26,2002.
Qr.f\Q~ ?Dl-0C~--Jb
RaNae Edwards, City Clerk
Approved as to Form T C~
February 22, 2002 .A. City Attorney