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HomeMy WebLinkAboutRESOLUTION - 43-26 - 6/16/2026 - Settlement AgreementRESOLUTION NO.43-26 A RESOLUTION AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A SETTLEMENT AGREEMENT, GENERAL RELEASE AND COVENANT NOT TO SUE FOR THE VILLAGE OF ELK GROVE VILLAGE, COUNTIES OF COOK AND DUPAGE, STATE OF ILLINOIS. WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that any municipality which has a population of more than 25,000 is a home rule unit, and the Village of Elk Grove Village (the "Village"), Counties of Cook and DuPage, Illinois, with a population in excess of 25,000 is, therefore, a home rule unit and, pursuant to the provisions of said Section 6(a) of Article VII, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Article VII, Section 10(a) of the Illinois Constitution authorizes units of local government to contract or otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or by ordinance; and WHEREAS, the Village and "John Doe" Police Officers 1-5, were named as defendants (the "Defendants") in a case brought by Donna Murray (the "Plaintiff'), styled Donna Murray, individually and as Independent Administrator of the Estate of Jack Murray v. Elk Grove Village. et al., Case No. 20241,005867, related to alleged injuries and state claims; and WHEREAS, the Village does not admit any wrongdoing on its part or on the part of any of its current or former employees, officers, or officials, but the Plaintiff and the Defendants (together, the "Parties") wish to settle these matters to avoid protracted litigation and the costs associated therewith; and WHEREAS, in an effort to avoid further controversy, costs, legal fees, inconvenience, and any future litigation regarding any issue contained in or arising from the Litigation, the Defendants on the one hand, and the Plaintiff on the other hand, wish to settle the Litigation, the Village hereby authorizes the Village Attorney (the "Attorney") to settle the Litigation for an amount not to exceed Ten Million Five Hundred Thousand and No/100 U.S. Dollars ($10,500,000.00); and WHEREAS, the Mayor and the Board of Trustees of the Village (the "Corporate Authorities") have determined that it is in the best interests of the Village and its residents to agree to authorize settlement of the Litigation as set forth herein; and WHEREAS, the Mayor is authorized to enter into and execute, and the Village Attorney is authorized to prepare a Settlement Agreement, General Release and Covenant Not to Sue for the Village, making such insertions, omissions, and changes as shall be approved by the Mayor and the Village Attorney; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: ARTICLE I. IN GENERAL Section 1.0 Findings. The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Resolution are full, true, and correct and do hereby, by reference, incorporate and make them part of this Resolution as legislative findings. Section 2.0 Purpose. The purpose of this Resolution is to authorize the Village Attorney to settle the Litigation for an amount not to exceed Ten Million Five Hundred Thousand and No/100 U.S. Dollars ($10,500,000.00) and to further authorize the Mayor, or his designee, to approve any such Settlement Agreement, General Release and Covenant Not to Sue which conforms to the authorization herein granted so as to settle the Litigation to avoid further controversy, costs, legal fees, inconvenience, and any future litigation regarding any issue contained in or arising from the Litigation, to further authorize the Mayor, or his designee, to take all steps necessary to carry out 2 the terms of the Settlement Agreement, General Release sand Covenant Not to Sue and to ratify any steps taken to effectuate that goal. ARTICLE II. AUTHORIZATION Section 3.0 Authorization. The form, terms, and provisions of the Settlement Agreement, General Release and Covenant Not to Sue, are hereby approved with such insertions, omissions, and changes as shall be approved and set forth by the Mayor and the Village Attorney. The Village Board ratifies any and all previous action taken to effectuate the intent of this Resolution. The Mayor, or his designee, is hereby authorized and directed to execute, and the Clerk is hereby authorized and directed to attest to, countersign, and affix the Seal of the Village to any and all documents that may be necessary to carry out and effectuate the purpose of this Resolution. The Village is hereby authorized and directed to remit payment in accordance with the terms of the Settlement Agreement, General Release and Covenant Not to Sue, and to take all action necessary or appropriate to effectuate the terms of the Settlement Agreement, General Release and Covenant Not to Sue. ARTICLE III. HEADINGS, SAVINGS CLAUSES, PUBLICATION, EFFECTIVE DATE Section 4.0 Headings. The headings of the articles, sections, paragraphs, and subparagraphs of this Resolution are inserted solely for the convenience of reference and form no substantive part of this Resolution, nor should they be used in any interpretation or construction of any substantive provision of this Resolution. 3 Section 5.0 Severability. The provisions of this Resolution are hereby declared to be severable, and should any provision of this Resolution be determined to be in conflict with any law, statute, or regulation by a court of competent jurisdiction, said provision shall be excluded and deemed inoperative, unenforceable, and as though not provided for herein, and all other provisions shall remain unaffected, unimpaired, valid, and in full force and effect. Section 6.0 Superseder. All code provisions, ordinances, resolutions, rules, and orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby superseded. Section 7.0 Publication. A full, true, and complete copy of this Resolution shall be published in pamphlet form or in a newspaper published and of general circulation within the Village as provided by the Illinois Municipal Code, as amended. Section 8.0 Effective Date. This Resolution shall be effective and in full force immediately upon passage and approval. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 16t' day of June 2026 APPROVED this 16t' day of June 2026 ATTEST: ANI AL41-1, e te S. M on, Village Clerk Mayor-C-raig B. J Village of Elk Gr( 4