city of San Antonio
File #: 14-326   
Type: Misc - Settlement Agreements
In control: City Council A Session
On agenda: 2/20/2014
Posting Language: An Ordinance authorizing the settlement of a lawsuit styled Michael Cuellar v. City of San Antonio, et al, Civil Action No. SA-13-CV-91-XR, pending in the United States District Court for the Western District of Texas San Antonio Division for payment from the Self-Insurance Liability Fund in the amount of $90,000.00. [Robert F. Greenblum, City Attorney]
Attachments: 1. Draft Ordinance, 2. Ordinance 2014-02-20-0106
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DEPARTMENT: City Attorney's Office      
 
 
DEPARTMENT HEAD: Robert F. Greenblum
      
      
COUNCIL DISTRICTS IMPACTED: City Wide
 
 
SUBJECT:
 
Settlement of Cuellar v. City of San Antonio, et al
 
 
SUMMARY:
 
This item authorizes the settlement of a lawsuit styled Michael Cuellar v. City of San Antonio, et al, Civil Action No. SA-13-CV-91-XR, pending in the United States District Court for the Western District of Texas San Antonio Division for payment from the Self-Insurance Liability Fund in the amount of $90,000.00.
 
 
BACKGROUND INFORMATION:
 
In September, 2012, Michael Cuellar was prohibited from entering certain city facilities.  Mr. Cuellar filed suit against the City challenging the City's decision to prohibit him from the certain city facilities.  This settlement resolves the disputed claims.
 
 
ISSUE:
 
Settlements over $50,000 must be approved by City Council.
 
 
ALTERNATIVES:
 
If the settlement is not approved by City Council, the case will proceed to a jury trial.  It is in the best interest of the City to settle this matter to avoid the uncertainties and risks associated with a jury trial.
 
 
FISCAL IMPACT:
 
If approved, the $90,000 will be paid to Michael Cuellar and his attorneys of record.  This will be funded in accordance with the Adopted FY2014 Liability Fund Budget.
 
 
RECOMMENDATION:
 
Staff recommends approval of this item.