1953-145r
RE;OLUTIOi~d N0. 1~.5.
RESOLUTION RELATING TO SETTLEMIlUT OF
AN DERS ON CLAIM.
'
WHEREAS, Ernest A. Anderson and Viola N~ Anderson have heretofore. brought
legal ac-t~.on against the Village and Mac Gregor and Davis, alleging that certain
of their property was damaged, depreciated and destroyed by reason of the co7~struction,
maintenance and overflowing of the storm sewer system adjacent to their property, and
WHEREAS, it appears -that the property of said claimants was in fact flooded
in March, 1950 as alleged in their complaint, doing substantial damage to their
property, and .
WHEREAS, it further appears that this Village might be found to be liable
for all or a portion of the injury to the property of the plaintiffs on that occasion
if such claim is presented for trial, and,
WHEREAS, the-said claimants have made an offer of settlement of all their
said claims against the Village for the sum of X800.00, which amount ap-gears to be
substantially less than the total amount of injury to their proper~Ly on said occasion,
NOW THEREFORE BE IT RESOLVED by the Village Council of the Village of
l Richfield as follows: -
1. That it is hereby determined that in view of the possible liability
of .this Village for an amount substantially in excess of the amount which
said claimants have offered to take in settlement of their claims, said offer
is a fair and reasonable one which it is in the best interest of this Village
to accept. -
2. That said offer is accepted, and the village manager; mayor, finance officer
and attorney are hereby authorized and dire,~ted to take such steps as may be necessary
' to effect such settlement.
3. That because -said claim arose~::out of and was incident to the construction
of storm sewers in 6onsolidated Storm Sewer District D; which was financed from
the 1950 Improvement Fund, said amount shall be paid out of said 1950 Improvement
F~d~
~.. That the Village Attorney is authorized to take up the questi~. of
contribution or imdemni-Ly with the other defendants in said action and to
take such action as he shall deem appropriate.
Passed by the Village Council this -27th day of April, 1 .
A„TT ~ _ _ ~ 'D C. RE LER
UI, H. HAU I,L `V
1,ERT~` A GER