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264948 WH17E - CITV CI.ERK � PINK - FINANCE COIIflCll CANARY - DEPARTMENT GITY OF SAINT PALTL File NO. �64948 BLUE - MAYOR ' - ' ouncil Resolution . Presented By � Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the execution of a Release of All Claims in a form approved by the City Attorney, the proper city officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-420-000 to Patricia Galvin and Joseph Galvin and Stanley J. Mosio, attorney, the sum of Four Hundred and Fifty ($450.00) Dollars in full settlement of their claim for damages sustained as a result of an accident that occurred on or about April 23, 1971, and as more fully set out in the Notice of Claim presented to the City Council on April 30, 1971. ,. COUIVCILMEI�1 Requested by Department of: Yeas Nays Christensen � Hozza � In Favor . Levine �r Against By Sylvester Tedesco President Hunt Adopted by Council: Date Form Approved by City Attorney �� �- ��.;�.� Certified s e y Coun '1 Secretary BY . B Appro d by Mayor• Date Approved by Mayor for Submission to Council By By ��fl �� 8 �� � - ������ . C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY ,Tanuary 23, 1975 PIERRE N. REGNIER TO: Members of the City Council FROM: Daniel L. Ficker Q. L_`�-. SUBJECT: Claim of Patricia Galvin and Joseph Galvin The claim of Patricia Galvin and Joseph Galvin arose out of an incident on April 23, 19?1 when Patricia Galvin was jogging along the public sidewalk that extends across the "Ford Spur" railroad tracks belonging to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company just north of the intersection of Prior Avenue and Return Court. Approximately two and one-half months prior to the incident a chain length fence had been erected across the sidewalk in an attempt to prevent school children attending Homecroft School from using the sidewalk and forcing them to use the newly constructed pedestrian bridge just north of the school. The sidewalk crossing the tracks was not vacated by action of the Council. Patricia Galvin ran into the top rail of the fence while jogging, apparently not seeing the rail because the fabric had been removed by vandals and because of the time of the day and her concern about a passing car. She sustained injuries to her nose resulting in a slight disfigurement. The railroad is contributing one-half of the settlement amount of $900.00, and I would recommend that the Council authorize payment of the other one-half. City Hall, Saint Paul, Minnesota 55102 612 298-5121