1988-093-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 88-083, authorize the
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RESOLUTION NO. 88-093
WHEREAS, the City Council of the City of Paris did
heretofore in Resolution No. 88-083, authorize the
acceptance of an amount in damage for City of Paris Police
Vehicle No. 46 and its equipment and utility pole and its
equipment; and,
WHEREAS, said Resolution should be amended to read as
follows:
"WHEREAS, a City of Paris vehicle was damaged by
collision on the 16th day of April, 1988; and,
WHEREAS, the company, Commercial Union Insurance
Companies, representing Kevin Wayne Maxwell, the driver of
the other vehicle involved, has offered a settlement for
damages to City of Paris Police Vehicle No. 46, equipment
and utility equipment for the sum of $13,208.04, which is
equal to 100% of the damage to the same; and,
WHEREAS, the "Release" form attached hereto as Exhibit
A should be approved and executed; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the offer of settlement for damages to the City
of Paris Police Vehicle No. 46, equipment and utility
equipment for the sum of $13,208.04 described in the
"Release" form attached hereto as Exhibit A is accepted;
and,
BE IT FURTHER RESOLVED, That the Mayor of the City of
Paris, Eric S. Clifford, be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the
"Release" form attached hereto as Exhibit A."
Passed and adopted this
29~h day September, 1988.
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Eric". ~ or, Mayor
ATTEST:
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Matt~e Cunning am, City er
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RELEASE
STATE OF TEXAS ~
COUNTY OF LAMAR ~
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF PARIS, Lamar County, Texas, for and in
consideration of the sum of $13,208.04, and other good and
valuable consideration, to the CITY OF PARIS in hand paid by
DIANE MAXWELL, KEVIN WAYNE MAXWELL, AMERICAN EMPLOYER'S INSURANCE
COMPANY AND COMMERCIAL UNION INSURANCE COMPANY the receipt and
sufficiency of which is hereby acknowledged, do hereby release
and quit claim DIANE MAXWELL, KEVIN WAYNE MAXWELL, AMERICAN
EMPLOYER'S INSURANCE COMPANY AND COMMERCIAL UNION INSURANCE
COMPANY from any and all claims with regard to damage received to
CITY OF PARIS police vehicle #46 being a 1988 Plymouth Grand Fury
V.I. #41447R142447, the equipment for said vehicle, and utility
pole and signal, on April 16, 1988.
The CITY OF PARIS understands that this settlement is in no
way an admission on the part of DIANE MAXWELL, KEVIN WAYNE
MAXWELL, AMERICAN EMPLOYER'S INSURANCE COMPANY AND COMMERCIAL
UNION INSURANCE COMPANY of any liability concerning the damage to
said police vehicle, equipment and pole resulting from this
incident.
The CITY OF PARIS understands that this is a complete
settlement for replacement of said vehicle, equipment and pole
and that the CITY OF PARIS will receive no further sum regarding
this claim for replacement for said vehicle, equipment and pole
no matter what condition should arise in the future that could be
attributed to this incident.
Witness its hand this
day of September, 1988.
CITY OF PARIS
STATE OF TEXAS ~
COUNTY OF LAMAR ~
Eric S. Clifford, Mayor
BEFORE ME, the undersigned authority, on this day personally
appeared Eric S. Clifford, Mayor of the City of Paris, known to
me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for
the purpose and consideration therein expressed and in the
capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
September, 1988.
day of
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