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CITY OF NORTH OLMSTED
<br />ORDINANCE No. 63 ~--/'~Q
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<br />AN ORDINANCE AUTH~7RIZTNG THE DIRECTOR OF FINANCE TO
<br />MAKE A LUMP SUM PAYMENT OF $750.00 TC? THE GREAT
<br />LAKES EMPRESS COMPANY, DAVID J. HURRAY, ATTORNEY,
<br />IN FULL SETTLE~YLENT OF PROPERTY DAMAGE CASE, AND
<br />DECLARTNG AN EMERGENCY.
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<br />WHEREAS, The Great Lakes Express Company by
<br />David J. Murray, its attorney, filed suit in the Municipal Court
<br />of Rocky River in Case No. 2941 against the City of North Olmsted.
<br />for damage to its trailer when it struck an over-hanging branch
<br />on the Northerly side of Lorain Road near the intersection of
<br />Dewey Avenue; and
<br />WHEREAS, in said law suit damage to the extent
<br />of $2,100.00 is claimed; and
<br />><i1HEItEAS, at a pre-trial hearing of the case
<br />before Judge Holmes of the Rocky lover Municipal Court, bills
<br />covering the repairs to said trailer in the amount of $2,100.00
<br />were presented and preliminary discussion of the facts were had
<br />and Judge Holmes recommended a settlement in the amount of $750.00
<br />as being one which would be advantageous to the City of North
<br />Olmsted; and
<br />WHEREAS, the Law,Director, George S. Schaaf,
<br />recommends a settlement of the case in the amount of $750.00 and
<br />David J. Murray, attorney for the Great Lakes Express Company,
<br />has indicated his willingness to accept such settlement.
<br />N~7W, THEREFV~tE, 13.E IT ORI'~AIi~TED by the Council of
<br />the City of North C7lmsted, State of Ohio:
<br />Section 1: That this Council, after consideration of the
<br />facts involved in the law suit described in the recitals hereof,
<br />determines that a proposed settlement of $750.00 and the court
<br />costs would be fair and would be for the benefit of the City and
<br />does, therefore, direct the Director of Finance to pay to The Great
<br />Lakes Express Comx~any and David ,,T. '~~.urray, its attorney, the sum of
<br />$750.00 in full settlement of the aforesaid litigation, providing
<br />that an entry on the court records be made showing the case to be
<br />settled and dismissed at the defendant's costs.
<br />Section 2: That this Ordinance is hereby determined to be
<br />an emergency measure necessary f. or the preservation of the public
<br />welfare, peace, health and safety by virtue of the necessity of
<br />authorizing the within settlement of a case in which trial is
<br />"~ imminent; WHEREFORE, this Ordinance shall take ef`ect and be iri force
<br />immediately upon its passage, otherwise, at the earliest oeriod allowed
<br />by law.
<br />PASSED: --~,~~~r. ~.. ~ ~ ,~~., ~,
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<br />ATTEST,'' , of Council /`~~~~ ~- ,,-,
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<br />-~' Lo se Ha11, Clerk of Council
<br />APPRO T~: ;%;'
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<br />Pain 7 e u , h4ayor
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