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2732 Ordinance
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2732 Ordinance
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Last modified
2/3/2014 10:10:57 AM
Creation date
1/24/2014 9:28:00 AM
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North Olmsted Legislation
Legislation Number
2732
Legislation Date
8/5/1958
Year
1958
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tJ~tDINANCE NQ. .~ 7~ 1i <br />BYs Bdr. ~~ <br />AN QRDINaNCE AIITHQ~IZING THE SETTI.E~;NT QF CIAIM <br />IdADE BY 1~ATIQN~fIDE I~ITIIAL I~iSURA.NCE COMPANY AND <br />T. E. NICHQIStJN FOR DAMAGSS FRAM ACCIDENT ON <br />GRACE At~ENt3E 4N t~ ABf)~UT APRIL 18, 1958, AND <br />DECLILAING AN URGENCY. <br />~HER]~.S, the Nationwide Mutual Insurance C~any and its insured, <br />T. F. Nicholson, have duly presented a claim for daaaages arising out of an <br />accident occurring on Grace avenue in the City of forth Olmsted, on or about <br />April 18, 1958, and <br />SAS, an investigation resulted in the determination that the <br />City was negligent in the maintenance of said road and such negligence tc be <br />the proximate cause of said accident, and <br />I~REAS, it is deemed a just and valid claim, <br />NOS, THSR3~FORE, BE IT ORDAINED by the Gcuncil of the City of North <br />Olmsted, State of Ohioa <br />Section 1. That the Nationwide Mutual Insurance Company and <br />T. E. Hicho7seC ~ 6e paid the sum of Two Hundred sad Ninety Four Dollars and <br />Twenty Six Cents 0294.26) ae and for all damages occurring or arising from <br />an accident occurring on Grace Avenue on or about April 18, 1358, when the car <br />being operated by T. E. Nicholson, struck a loose manhole cover causing damage <br />to the car of T. F. Nichalsoa, and personal injuries to T. E. 8icholssn.and a <br />passenger, and in consideration of the payment by the City of North C11.msted to <br />the Natienwide Mutual insurance Company and T. E. Nicholaen of the sum of <br />$294.26, the said Nationwide Mutual Insuraace Company and T. E. Hichclson do <br />release said City from any and all claims far damages of whatsoever nature, <br />kind, @r description arising from the occtzrrance of said accident on Grace <br />Avenue on err about April 18, 1958. <br />Section 2. '~Yierefare, this Ordinance is hereby declared to be an <br />emergency measure necessary for the preservation of the public health, peace, <br />safety and welfare of the City of North Olmsted, and such emergency exists by <br />virtue of the necessity of paying said claim presented by Nationwide Mutual <br />Insurance Ccsapany and T. ~;. Nicholson, arising frc~ms the negligence of the City <br />of North ©]assted i.n the care and maintenance of said street at the tip and <br />place in question, as said loose manhole cover was determined to have been Moroni <br />to s aid City for soma considerable period of time and not repaired ar replaced, <br />and said settlement will avoid litegation and expense to the City. <br />Section 3. ~lherefcre, this Ordinance shall take immediate effect from <br />and after s passage,atherwise, at the earliest period allowed by law. <br />PASSED a ~~ ~ ' ~ ~ `~ ~ <br />ATTEST s <br />• . 3 n, er o OUnc <br />APPSOVEI} s <br />u / tie yar <br />(~ <br />~_. <br />a p • &e bn, e8 en Q ~u'nc <br /> <br />
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