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CITY OF NORTH OLI~iSTED <br />RESOLUTION N0. ,1,~-~ <br />Bs,Sr~~ <br />A RESOLUTION AUTHORIZING THE SOLICITOR TO INSTITUTE AN <br />ACTION AGAINST JOE DiSILVEST~t, AND C~iIO V~TDING COMPANY, <br />FOR DAMAGE TO CITY PROPERTY, AND DECLARING AN EMERGENCY. <br />WHEREAS, on or about June 10~ 1958, one Joe DiSilvester~ employed by <br />the Ohio Vending Company, R. D. #l, North Ridgeville, Ohio' operating an <br />automobile on Brookpark Road near the intersection of Lorain Road, did, in <br />overtaking another vehicle, pass close to the center strip where ~1. Rushy <br />an employee of the City of North Olmsted, was operating a tractor with cutter <br />bar cutting the center strip, and <br />WHEREAS, said cutter bar extended approximately !~ to 8 inches over the <br />curbing, that said automobile operated by Joe DiSilvester struck said cutter <br />bar breaking the blade causing damage to the tractor and cutter bar necessi- <br />tating the expenditure by the City of the stun of X85.13 for the replacement <br />of a cutter bar, and <br />WI~REAS~ said accident occurred in broad daylight at 10:00 o~elock A. M. <br />when the presence of said City employee and equipment being operated ~ him <br />was obvious to said Joe DiSilvester, and <br />Z~REAS, said damage to City property was solely and proximately the result <br />of the negligence of said Joe DiSilvestsr. <br />NGW, ,THEREFORE, 3E IT ftESOLVID BY 1'HE COUNCIL of the City of North Olmsted <br />and State of f~io: <br />Section 1: That the Solicitor be authorized and directed to institute <br />an action against said Joe IhSilvester and the Ohio Vending Company, R.D. #1 <br />North Ridgeville Ohiou for the purposes of recovering the amount of the damages <br />sustained by the City due to the negligence of Joe I7iSilvester. <br />Section 2: Wherefores this Resolution is hereby declared to be an <br />emergency measure necessary for the immediate preservation of the public <br />welfare of the City of North Olmsted and such emergency exists by virtue <br />of the necessity of instituting a civil action for the recovery of damages <br />to City property, as efforts to amicably adjust said claim are of no avail. <br />Section 3: Wherefore, this Resolution shall take immediate effect <br />from and after its pzssage. <br />PASSED: !~~~~~ ~ f9 J <br />ATTEST#. <br />s~., <br />E. M. Christman rk o ounci <br />APP~R~O~V-QED: <br />/~j,/~ / ~ ~,, <br />~ __._ <br />Ra A. a e one en o <br />Council <br />T~atil~ J. Ga~hu", 1~ror <br />fi' <br />