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HomeMy WebLinkAbout01-11-90-6.15 - 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: