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CITY OF NORTH Cg',MSTBD
<br />' ORDINANCE No« 63 --
<br />f ~,
<br />AN ORDINANCE AIJTEIC~I2ING THB DIRBCTOR OF FiNA TO
<br />SBTTLB TIIR LAW SUITS At~AINST THB CITY OP NO&~TH
<br />OLl!~TBTf, AND DBCLARING AN BI~IIIRGBNCY.
<br />NtHBREAS, the City of North Olmsted was sued in three
<br />cases as a joint defendant with the City of Cleveland for in-
<br />juries and daeage to property as the result of an accident
<br />which happened on May 29, 1937 when the automobile of Tenn
<br />Muncy was driven into a large excavation on the west bound lane
<br />of BrooYpark Road while being driven by him with Charlotte
<br />Kieffer, a minor, then aged seventeen years, his passeagtr, as
<br />a result of which three cases were filed, one by Glenn I~~tcy
<br />for $50,050«00 being case No. 719,798, one by Charlotte Kieffer
<br />for $15,000.00 being case No. 719,799 and the other by Mary
<br />Kieffer, the mother of the minor, Charlotte Kieffer, for
<br />$10,000.00 being case No. 719,800; and
<br />WHEREAS, suit was filed on the negligence of the City.
<br />of Cleveland in not protecting the excavation properly and against
<br />the City of North Olmsted because of its statutory duty to keep
<br />said street open in repair and free from nuisance; and
<br />WHEREAS, the City of Cleveland has agreed to pay a total
<br />of $2,500.00 as its share of the settlement of all three cases
<br />and the settlement depends upon the City of North Ol~tste~t con-
<br />tributing $500.00 towards the settlement of all three cases; sad
<br />WHEREAS, thm Law Director recaamends such settle®ent.
<br />NOW, THEREFORE, BE IT C~tDAINBD by the Council of the
<br />City of North Olmsted, State of Ohio:
<br />Section 1: That this Council after consideration of
<br />the facts involved in Comm®n Pleas Court of Cuyahoga County
<br />Cases Nos. 719,798, 719,799 and ?19,840 determines that a pro-
<br />posed settlement of said cases with the City of North Olmsted Con-
<br />tributing X500.00 and the City of Cleveland contributing $2,500.00
<br />for a total of $3,000.00 for the settlement of all three cases
<br />to be fair and fQr the benefit of the City, does, therefore, direct
<br />the Director of finance to pay the sum of $200.00 for the settle-
<br />ment of Case No. 919,798, Glenn Muncy, et a1. vs. The City of
<br />North Olmsted, et al., $200,00 for the settlement of Case No.
<br />719,799, Charlotte Kieffer vs« The City of North Olmsted, et ai.,
<br />and $100,00 for the settlement of Case No. 719,800, Mary Kieffer,
<br />vs« The City of North Olmsted, et al.
<br />~, Section .2t That this Ordinance is hereby determined to
<br />~,.~ be an emergency measure necessary for the preservation of the public
<br />welfare, peace, health and safety by virtue of the necessity of
<br />authorizing the within settlement of three cases in which trial is
<br />ianinent; WHBREFORB, this Ordinance shall t she effect and be in
<br />force immediately upon its passage, otherwise, at the earliest
<br />period allowed by law.
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<br />PASSED: >~' ~ _~ ~'~.:.;_
<br />A~EST .
<br />_.-
<br />,,Lou se Ha11, Clerk o Dune l
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<br />Bruce c Wald, res dent
<br />of Council
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