01-11-90-6.15 - Resolution - 01/11/1990RESOLUTION NO. 01-11-90-6.15
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SETTLE-
MENT AGREEMENT WITH JAMES D. HUTCHINS AND MR. W. FIRE-
WORKS TO SETTLE IMPENDING LITIGATION
WHEREAS, the City prohibits the possession of fireworks
within the City limits of the City of College Station
through Chapter 20, Section 2002.2, of the Standard
Fire Protection Code, 1985 Edition, as adopted by City
of College Station Ordinance No. 1630 on January 9,
1986; and said City ordinance further requires the
seizure of fireworks found within the City limits, as
stated in Chapter 20, Section 2005.1, of the Standard
Fire Protection Code, 1985 Edition, as adopted by Ordi-
nance No. 1630 on January 9, 1986;
WHEREAS, Mr. Hutchins, an employee of Mr. W. Fireworks,
was found to be in possession of fireworks within the
City limits of the City of College Station on July 3,
1989, and said fireworks were seized by the Fire Mar-
shal's office of the City of College Station on that
date;
WHEREAS, Mr. Hutchins and Mr. W. Fireworks notified the
City on December 19, 1989, that they would immediately
pursue civil litigation against the City in reference
to the confiscation of the above-referenced fireworks
on July 3, 1989, due to the commencement of the fire-
work-selling period on December 19, 1989, unless a
shorter route within the City limits was designated by
the City for them to reach their fireworks stands;
WHEREAS, the City would have no objection to the route
proposed by Mr. Hutchins and Mr. W. Fireworks, provided
certain precautions were followed by Mr. Hutchins and
Mr. W. Fireworks in order to protect the health, safety
and welfare of the residents of the City of College
Station and to preserve the integrity of the City's
fire protection ordinances;
007644
NOW, THEREFORE, BE IT RESOLVED by the city Council of
the City of College Station, Texas, that the Mayor is
hereby authorized to execute and ratify the settlement
agreement attached hereto.
PASSED and APPROVED this llth day of January, 1990.
ATTEST:
S t
D~n ary
APPROVED: