4288 - 44 Settlement due to fall on sidewalk

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~j'~~ ORDINANCE N0. ~y2$$ BY F2hrenbach AN EP.L'RGEP;GY ORDINANCE authorizing the settlement of the clam of Emma Boesken for personal ir~juries sustained by reason of falling on a defective sidewalk. l~tZ..AS, Emma Boesken incurred personal ix~uries on or about February 2, 1944, by falling on a defective sidewalk in front o£ or near 14145 Iviadison Avenue in the City of Lakewood, and ThJI-L~tE'AS, on or about June 22, 1944, Emma Boesken filed an action in the Court of Common Pleas of Cuyahoga County entitled "Ermna Boesken v, Jesse B. Rupp and the City of Lakewood" being case No. 540,99b wherein the plaintiff prays judgment against the defendants i.ri the sum of ten thousand dollars 0'10,000.00) on account of said personal injuries, and tiVI3:F.EAS, this ordinance constitutes an emergency in that in order to save the city from further litigation, unnecessary expense and possible additional obligations, it authorizes the immediate settlement and adjustment of said claim promptly and provides for the usual daily operation of a municipal department, now, therefore, BE IT ORDAINr~3 BY TP,E COUNCIL OF THE CITY OF I,A~JOOD, STATE OF oxze: Section 1. That settlement of the claim of Eamna Boesken for the sum of Five Hundred Fifty Dollars (:550.00) is hereby authorized con- ditioned upon the execution and delivery by Ermna Boesken and by her hus- band, George BoesY>en, of a full release or releases in favor of the City of Lakewood, duly approved by the Director of Law. Section 2. That the Director of Finance be, and he is hereby, authorized and directed to pay the sum of Fiae Hundred Fifty Dollars 0550.00) to Emma Boesken upon delivery to him of the foregoing release or releases duly executed and approved, and to charge the same to the General Fund - Damages Paid by the City. Section 3. This ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and, provided it receives the affirmative vote of two-thirds of all members elected to Council,. it shall take effect and be in force immediately upon its adoption and ap- proval by the Mayor. Adopted: ~~V e '~~~~--1~~~~ Cler A_nproved: , :4ayor. 'r~.=~.