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1960-2353r~~~ RESOLUTION NO. 2353 RESOLUTION AUTHORIZING PAYMENT OF CLAIM FOR DAMAGES, , WHEREAS AN ACTION HAS BEEN COMMENCED AGAINST THE VILLAGE OF RICHFIELD BY MILTON M• 'MATSON~ AS GUARDIAN AD LITEM FOR alILL MATSON, AND ON HIS OWN BEHALF' FOR PERSONAL INJURIES SUSTAINED BY JILL MATS©N AND FOR 16~a9URlES AND DAMAGES SUSTAINED BY BOTH OF SAID PARTIES AS A RESULT OF SUCH INalUR1E58 IN WHICH IT IS CLAIMED THAT THE VILLAGE PERMITTED AN ATTRACTIVE NUISANCE TO BE LOCATED ON VILLAGE PROPERTYy AND tN WHICH ACTION THE TOTAL AMOUNT OF DAMAGES CLAIMED IS iN THE SllM OF $55000.008 AND WHEREASe TWE VILLAGE MAS OBTAINED A THOROUGH INVESTIGATION OF THE FACTS RELATING TO SAID CLAIM ANO OF THE LAW APP LIGABLE THERETOy INCLUDING THE POSSIBILITY OF LIABILITY ON THE PART OF THE VILLAGE AND THE EXTENT AND NATURE OF THE INJURIES OF JILL MATSON~ ANO ' WHEREASe IT APPEARS THAT THERE 13 SOME POSSIBILITY OF LlA81LlTY ON THE PART OF THE VILLAGES WHICH' IF ESTABLISHEDe MIGHT RESULT IN A JUDGMENT CONSIDERABLY IN EXCESS OF THE SETTLEMENT HEREINAFTER PROVIDED FOR a_ AND WHEREASe IT APPEARS THAT THE INJ~JRIES OF SAID JILL MATSON COULD BE OR BECOME OF A PERMANENT NATUREy AND WHEREASe IT APPEARS TO BE IN THE BEST .INTERESTS OF THE VILLAGE -NOT TO PROCEED WITH LITIGATION WHICH MIGHT ESTABLISH UNDESIRABLE PRECEDENT FOR FUTURE CLAIMS AGAINST MUNICIPALITIESy INCLUDING THE VILL AGE OF RIGHFIEL08 AND WHEREASe THE VILLAGE COULD REASONABLY INCUR LEGAL EXPENSES AND WITNESS FEES FOR DEFENSE OF THE AFOREMENTIONED ACTION WHICH WOU LD BE IN AN AMOUNT Aa GREAT AS THE AMOUNT OF THE SETTLEMENT HEREINAFTER PROVIOEDe NOWe THEREFOREe BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF RIGHFIELDe As FOLLOWSB (• THE VILLAGE MAYORy MANAGERe FtNA'JCE OFFICER AND ATTORNEY ARE HEREBY AUTHORIZED TO TAIEE SUCH STEPS AS MAY BE NECESSARY TO EFFECT A SETTLEMENT OF THE AFOREMENTIONED CLAIM AGAINST THE VILLAGE FOR THE SUM OF $2y250oO0o - 2• ANY SUMS PAYABLE PURSUANT TO THE PROVIS90NS OF THOS RESOLUTION SHALL BE PAYABLE FROM THE LEGAL DEPARTMENT OF THE GENERAL FUND AND SUCH AMOUNT TRANSFERRED FROM THE CONTINGENCY APPROPRIATIONo PASSED BY THE VILLAGE GOUNCIL THIS 14TH DAY OF NOV/E~MfE3ERg 1$6Q• - ~,// - / /' ATTE'STs A ;~~ ~ -