89-271 WHITE - CITV CLERK COUflCII
P�NK - FINANCE CITY OF SAINT PAUL Ci �7�
CANARV - DEPARTMENT .i'
BLUE - MAVOR File NO• �
' Council Resolution �`�
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Presented By
Referred To Committee: Date
Out of Committee B Date
Y—�
WHEREAS, on September 9 , 1985, Mark T. Fischer turned his
ankle while wa king on the uneven sidewalk on the south side of
. 4th Street bet een Sibley and Jackson. Mr. Fischer indicated he
sustained cont ' nuing injuries to his ankle because of this accident;
and
WHEREAS, r. Fischer claims the City of St. Paul was negligent
in maintaining the sidewalk. The City of St. Paul claims that
Mr. Fischer wa negligent, and that he knowingly and voluntarily
assumed the ri k of walking on the sidewalk; and
WHEREAS, he City Attorney' s office recommends that this case
be fully and c mpletely compromised for $7 , 000 . 00 ; now, therefore,
be it
RESOLVED, that upon receipt of a Release and Stipulation
for Dismissal with Prejudice, the proper City officials are hereby
authorized an directed to pay out of the Tort Liability Fund
09070-0511-00(� to Mark T. Fischer and his attorney the sum of
$7, 000. 00 to ully and completely settle any and all claims or
matters made r not made against the City of St. Paul arising
out of the si ewalk accident of September 9, 1985 .
I
APPROVED:
� �
�� � �, /
Judge of Dis rict Court
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
[p�g In Favor
Gosw;tz
Rettman Q B
sche;n�� _ A gai n s t Y
Sonnen I
Wilson
��� � � �9�� Form Approv by City Attorney
Adopted by Council: Da e � �
Certified Pas- d y unc.il S tar BY
BS' . .-, n
A►pprov y �Navor: Da e � �� ` ' �`�`� Approved by Mayor for Submission to Council
B . BY
PUBUSN�D ;,�1-�t� t ��
�
` �
� • DEPARTMENT ����/N� _ 09��
- Patricia A. Rog' CONTACT
298-5121 PHONE
: .
February l, 198 DATE
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ASSIGN NUhBER FOR ROUTING 0 ER Cli All Lo�ations for S� n,ature :
Department Director � Director of Management/Flayor
� Finance and Management ervices Director � City Clerk ;
Budget Director
City Attorney . �
WHAT WILL BE ACHIEVED. BY TA ING ACTION ON THE ATTACHED �TERIALS? (Purpose/ �,
Rationale) :
In. settlement f the c3aim of Mark T. FisMcer against the City �
of St. Paul fo injuries sustained September 9, 1985, as a_ result
of a sidewalk all on the south side of 4th Street between- ,Sibley� �
and Jackson.
OST BENEFIT BUDGETARY AN PERSONNEL I�IPACTS AIWTICIPATED:
_ N/A . . `
. _ t
FINANCING SOURCE AND BUDG ACTIVITY NUNBER CNARGED OR CREDITED: (Mayor's s.igna- " '
$7, o 0 0.o o ture no�t re- -' , .
Total Amount of 'Transa tion: quir.ed �tf ander
� �10,000) -.�..:
Funding Source: 09070-0511-U00 �
. ., r
Activity Number: _ ,
ATTACHMENTS List and Num er All AttacFwnents : , ,
resolution �C��"^'� (��`'�'"'"�,�1 GGT1�2C
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DEP RTMENT REVIEW �. CITY ATTORMEY REVI�MI°
Yes o Council Re olution Required? ' Resalution Requit�ed? �es No
� Yes �No Insurance equired? Insurance. Sufficient?° Y�s o
Yes o Insurance ttached: ' ��
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(SEE •REVERSE SIDE FOR INSTRUCTIONS) � .
Revised 12/84 �