HomeMy WebLinkAboutResolution - 051161C - Release Of Lawsuit - William Kennard Et Al - 05_11_1961 / I3LE wg �;-
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RESOLUTION ) v f
'^ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RELEASE
IN CAUSE NO. 10095, ENTITLED CITY OF LUBBOCK VS. WILLIAM KENNARD, '
ET AL, PENDING IN THE COUNTY COURT AT LAW., LUBBOCK COUNTY, TE S,
SAID SUIT BEING FOR DAMAGE TO A CITY VEHICLE IN THE SUM OF $205.00,
INTEREST AND COSTS OF THE SUIT.
WHEREAS, the City of Lubbock instituted suit against William Kennard an
Henry Webb, a resident of the State of New Mexico, for the sum of $205. 00,
interest at the legal rate, and the costs of the suit; and,
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WHEREAS, said City took a judgment against William Kennard and the
driver of the vehicle which collided with the City vehicle; and,
WHEREAS, HENRY WEBB is a non-resident and owner of the vehicle
ifWilliam Kennard drove and has proposed to pay in settlement of the said claim
and judgment # sum of $120.67 and further has agreed to pay all costs of the
j suit; and,
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WHEREAS, it appears that the judgment against the said William Kennard
is uncollectible; NOW THEREFORE: i
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT the Mayor be and he is hereby authorized to execute a Release of
said law suit No. 10095 in consideration of the payment to said City the sum of
$120.67 with the understanding that all costs will be paid by Defendants.
Passed by the Commission the llth day of May ,
1961.
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I 50V � 1', Ma r-----�--
AT T Fo pp'cve
ZZ, airy Attorney
venia Lowe, Ci STecretary-rTreasure=
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THE STATE OF TEXAS �
M rE OF ALL CrAIMS
COUNTY OF LUBF3OCK �
THIS RELEASE OF ALL CLAZMS executed by the City of
Lubbock, WITNESSETHt
WHEREAS# heretofore on or about September 6, 1960, a
1955 Dodge sanitation truck, bearing Exempt License No. 4858,
drivers by Alfredo Roman Travino, and owned by the City of
Lubbock, while traveling south in the 3300 block of Quirt
Avenue in the City of Lubbock, Lubbock County, Texas, was
involved in a collision with a 1957 Cadillac traveling is a
northwesterly direction on Quirt Avenue, being driven by
William Y.mnard, and owned by Henry wabb.
itaMREAS, as a result of the above described accident,
the City of Lubbock has made claims for property damage caused
to the 1955 Dodge sanitation truck as a result of said collision
against William Kennard, as operator of the vehicle, and against
Henry Webb as the owner of. the 1957 Cadillac, and has instituted
Cause No. 10,095, styled City of Lubbock, a municipal Corporation,
va. William Kennard, et &I, in the County Court at Law of
Lubbock County, Texas] and,
WHEREAS, the said City of Lubbock desires to settle and
compromise all of its Claims asserted in said action and any
and all claims it may have against William rAnnard and Henry
Webb and all parties fit► privity with them because of the above
described accidents and,
WHEREAS, the City of Lubbock desires to release William
Kennard and Henry Webb and all parties in privity with them. from
any and all liability because of such accident.
N(M, THEREFORE, JXNOW ALL MN BY THESE PRESENTS, that the
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City of Lubbock, for and in consideration of the gum of ONE
HUNDRED TVIENTY AND 67/100 ($120,67) DOLLARS, cash in hand paid,
receipt of which is hereby acknowledged, does hereby release
the said William Kennard and Henry Webb, and all parties in
privity with them, of and from any and all liability of whatso-
ever nature on account of or in any way growing out of the above
described accident and its results,
IT rS AGREED that the above styled and numbered cause
will be dismissed with prejudice, and that any and all expense
for property damage will be paid out of the aum of ONE HUNDRED
AND TWENTY AND 67/100 ($120,67) DOLLARS, and that William Kennard
and Henry Webb will be held harmless and indemnified as to any
property damage on account of the above accident, and that the
costs in the above cause shall be paid by the said William
Kennard. and Henry Webb.
WITNESS OUR HANDS this the ,..�44:. day of May. A. D. 1961,
signed and executed under the attached resolution of the City
Commission of the City of Lubbock.
C
By aITSt OF BOCK
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ATTSBTt
THE STATE OF TzXhS �
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, a Notary Public, in and for
said County and State, on this day personally appeared
, known to one to be the person
whose name is subscribed to the foregoing instrument, and acknow-
ledged to we that he executed the same for the purposes and con-
sideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This � day of
May, A. D. 1961.
Notary Public in and for
Lubbock County, Texas.
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