HomeMy WebLinkAboutResolution No. 1263I
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RESOLUTION N0, 1. Z3 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPT
OFFER OF fETTLEMENT FOR DAMAGES FROM LILLIAN ENGLEHART AND
Wl%- .f ENGLEHART, husband and wife.. arising out of
injuries on public street and providing for payment.
WHEREASs Lillian Englehart of Azusap Californias on
or about the 31st day of March, 1931, suffered personal in-
juries by reason of a fall claimed to be due to a defective.
sidewalk in said City of Azusap and
WHEREAS, the said Lillian Englehart has been put to
expense, hospitals medical and nurses because of said injuries
which expenses are estimated in the aggregate sum of substan-
tially Two Thousand Dollars, and
n, WHEREAS, said Lillian Englehart and her husbands
2 .7` Englehart$ have offered to accept from the
City of Azusa the sum of Two Thousand Dollars in full payment
of all kinds or character bf claims by reason of said accident
or for any other reason against the City of Azusa or any of
its officers$, agents or employees, and
WHEREAS., it is contended by said Lillian Englehart
and r2Englehartp her husband., that the City of Azusa
is legally liable to them in damages for said injuries and be-
cause of situations arising out of said injuries and threatend*
to bring suit against the City of Azusa to recover damages
therefor.
THEREFOREs BE IT RESOLVED, by the City Council of the
City of Azusa that the offer of settlement made by said Lillian
Englehart and f`_ Englehartp her husband. for all and
any claims against the City of Azusa, its officers or agents.,
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arising out of or because of said injuries., be and the same
is hereby accepted; $1000.00 of which is to be paid at once
and the balance $1.9000.00 of said amount to be paid on or
before January lsts 1932$ without interest.
BE IT FURTHER RESOLVED that this settlement shall
not be or become effective'until the said Lillian Englehart
and k —Englehart -her husband have signed a writt
Release of all Claims and Demands, actions or causes of
actions, against the City of Azusa, its officers and employ-
ees„ which Release shall be first approved by the City
Attorney and then filed in the office of the C,itr Clerk.'
BE IT FURTHER RESOLVED that when said Iblease has
been so signed* approved and filed, the said Lillian Engle-
hart and f. Englehart her husband, shall be
paid the sum of $1,000.00 Dollars immediately and the fur-
ther sum of $11000':00 on or -before the first day of January
19321 and the Mayor and City Clerk are hereby authorized and
directed to issue and sign a warrant for said respective
amounts when the conditions in this Resolution shall have
been complied with. "
I hereby certify that the foregoing Resolution
was duly and regularly adopted by the City Council of the
City of Azusa at a regular meeting held on June lsts 19311
by the following vote ofQ the Councill'to-wit:
Ayes. ��^�` %l7 n.ee, ..W ""�'--Yri-, �,I�,(-ate+-✓ >""'.e . J>.<...:.�
Nayes: h �. Y
Absent: /
City Clerk of eCity of zusa.�
APPRW ED THIS _DAY OF JUNE, 19814
yor of the City o
use.
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LAW OFFICE
P. J. TSCHARNER
ROOMS ANDS
FIRST NATIONAL
BANK BUILDING
AZUSA. CALIFORNIA
RELEASE OF ALL DKIANDS.
KFOTT ALL MEE BY THESE PRESEIITS that we W.F.
Englehart and Lillian Englehart, of the County of Los Argoles,
State of California, for and in consideration of the sum of
One Thousand (01,000.00) Dollars to us in hand paid by the City
of Azusa, a ISunicipal Corporation, of the Sixth Class, in said
County and State, and in further consideration of the sum of
One Thousand ($11000.CO) Dollars to be paid to us, without in-
terest, on or before. the first day of January, 1932s by said
City of Azusa, have released and forever discharged and by these
presents do for ourselves singlly and collectively, and for our
heirs, executors, administrators and assigns, release and _^oreve
discharge the said City of Azusa, a I.Iunicipal Corporation, and
all of its officers, agents and employees and particularly the
members of the Council and Street Commissioner of said City of
Azusa, their heirs, executors, administrators and assigns of and
from all manner of actions and causes of actions, suits, debts,
moneys, claims, bills, controversies, agreements, damages, judg-
ments, claims and demands whatsoever, in la -a or in equity which
we or either of us, the undersigned, ever had or now have, agains
the said City of Azusa or against the members of the City Council
of said City of Azusa, or the Street Commissioner, or any other
officers, agents or employees of said City, and we and each of
us particularly release all of the said parties in consideration
of said payments from all claims and demands against them or
either of them occasioned by or in any manner arising out of an
accident and injury which occurred to Lillian Englehart by fall-
ing on the Sidewalk in said City of Azusa on Fifth Street between
Azusa Avenue and San Gabriel Avenue in said City, on or about the
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bL_day of Mia -AX y 1931, and through which
accident the undersigned Lillian Englehart was personally
injured. The undersigned VJ. F. Englehart, husband of
Lillian Englehart, in consideration of the payments herein-
before specified, does fully release the said City of Azusa
auiall its officers, agents and employees, and including
particularly,the members of the Council of said City and
the Street Commissioner thereof from any and all claims or
demands, actions or causes of actions, which he may now have
or which in any manner arises out of or because of the in-
juries received by his wife, Lillian Englehart, in the acci-
dent hereinbefore referred to.
IT IS THE UNDERSTANDING of all parties hereto
that this Release forever discharges all the world from any
liability or claim whatsoever because of or which arises out
of the accident and the injuries hereinbefore referred to.
A. D., 1931.
Witnesses:
WITNESS OUR HANDS this¢ - day of May,
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