HomeMy WebLinkAboutApproving a Contract Board of Public Works Juanita & James Magan Settlement of a Personal Injury Claim $22,500.00ORDINANCE No. 5168 -70
Passed by the Common Council of the City of South Bend,
March
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
�g 70
Clerk
Of Common Council
70
Clerk
IDEAL .411W PRESS
ORDINANCE NO. 5168 -70
AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE BOARD OF PUBLIC WORKS AND SAFETY OF
THE CITY OF SOUTH BEND AND JUANITA MAGAN
AND JAMES MAGAN FOR THE COMPROMISE SETTLE-
MENT OF A PERSONAL INJURY CLAIM AGAINST THE
CITY OF SOUTH BEND BY THE PAYMENT OF $22,500.00
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BNED, INDIANA:
SECTION I: That the contract entered into between the Board
of Public Works and Safety of the City of South Bend and Juanita Magan
and James Magan on the 9th day of February, 1970, providing for the
payment by the City to Juanita Magan and James Magan of the sum of
$22,500.00 in full settlement of and in dismissal of the respective
claims of each of them now pending in the St. Joseph Superior Court,
St. Joseph County, Indiana, in cause numbers D -7268 and D -8465, is
hereby approved and confirmed, and the Mayor and the Clerk of the City
of South Bend are hereby authorized to execute said contract for and on
behalf of the City of South Bend.
SECTION II: This Ordinance shall be in full force and effect
from and after its adoption and approval by the Mayor.
1st & 2rd READING "-2 -24 -70
THE WHOLE
3 -23 -76
3 -23 -70
REFS "RED
PASSED3 -23 -70
ember of the Common Council
FILED IN CLERK'S OFFICE
FEB 1 0 1970
KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND.
(dOrimttttre depart
Xo tqt (811mmattt Tomted of tot (cog of #VW4 stab:
Your Committee of the Whole
to whom was referred
March 23, 1970 .
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BOARD OF
PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND
AND JUANITA MAGAN AND JAMES MAGAN FOR THE COMPROMISE
SETTLEMENT OF A PERSONAL INJURY CLAIM AGAINST THE
CITY OF SOUTH BEND BY THE PAYMENT OF $22,500.00.
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the
Council as favorable.
Chairman
4�
.....eos °q.Asj�. •ueuseiva ..
A G R E E M E N T
THIS AGREEMENT ENTERED INTO this r� day of�i�.;:..- f,
1970, by and between the City of South Bend, Indiana, by its Board
of Public Works, hereinafter called "The Board ", and Juanita Magan
and James S. Magan, hereinafter called. "The Claimants ",
WITNESSETH THAT:
The Claimants were operating a motor vehicle in an easterly
direction on Ewing Avenue in the City of South Bend, Indiana on
the 5th day of August, 1967 at about 11:51 o'clock P. M.
Police Officer Markovich of the South Bend Police Depart-
ment was operating a Police Cruiser in a southerly direction on
Carroll Street while in the scope of his employment as an officer
of the City of South Bend at approximately the same time and place
and was in hot pursuit of a motorcycle being operated by one,
Kenneth C. Strock.
The Police Cruiser described above entered into the inter-
section of Ewing and Carroll Streets and thereupon hit the -rear
right quarter of a vehicle being operated by one, Nancy Parsons,
which vehicle spun around on Ewing Street so as to come into colli-
sion with the vehicle being operated by the Claimants.
As a result of the foregoing, the Claimant, Juanita Magan,
sustained severe personal injury and the Claimant, James S. Magan,
incurred a loss of property and incurred medical expenses and in-
debtedness and loss of services of his wife, Juanita Magan.
The Claimants and each of them have filed lawsuits in the
Superior Court of St. Joseph County, Indiana, the same being Cause
Nos. D -7268 and D -8465.
FaRED, » FI ;
FEB 10 1970
KATH N L.
CITY ilE,. ,
Page - 2
After thorough investigation of the claim of the Claimants,
the parties deem it in their mutual interests to settle and resolve
said claim without intervention of Court or Jury.
NOW, THEREFORE, the parties agree upon the following terms
and conditions:
1. The Board agrees to pay to the Claimants, the sum of
Twenty Two Thousand Five Hundred Dollars ($22,500.00) as a full
and complete release and settlement of all claims or causes of
action by the Claimants or either of them against the City of
South Bend or its agents or employees.
2. In consideration of the execution of this agreement,
by the Board, and its ratification and approval by the Common
Council of the City of South Bend, Indiana, the Claimants and
either of them agree to and do hereby forever forgive, discharge
and release any and all claims which the Claimants or either of
them may presently have or which they may subsequently or here-
after have, against the City of South Bend, its agents and em-
ployees, which said claims or causes of action arose out of or
-which may later arise out of a certain collision which occurred
at the corner of Carroll and Ewing Streets in the City of South
Bend, Indiana, on or about the 5th day of August, 1967, more par-
ticularly described in the recitation at the commencement of this
Agreement.
3. This Agreement shall be binding upon the City of South
Bend, its Board of Works and Common Council and upon Claimants when
and after it has been formally adopted and approved by the Board
of Works of the City of South Bend and by ordinance adopted and
Page - 3
ratified by the Common Council of the City of South Bend, Indiana.
4. This Agreement shall be binding upon the heirs, exe-
cutors, devisees, legatees and successors in interest of said
parties or either of them.
WITNESS our hands 'and seals this _ � day of
1970 at the City of South Bend, Indiana.
Witness
Witness
Witness
Witness
Witness
BOARD OF WORKS OF THE CITY
OF SOUTH BEND, INDIANA,
By ( AlEly
Chairman T
Member
Mey0e r
THE CLAIMANTS
,7 anita Magan
ames S. Magan
Subscribed and sworn to by Juanita P4agan and James S. P::agan this
27 day of Jan.,1970.
S
ATTEST:
Kathy L.- Blough, Cler
Lary Ranney Roberts, Clerk
FILED IN CLERK'S OFFICE
FEB 18 -1910
KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND,