Resolution 1926 RESOLUTION NO. 1926
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA.
WHEREAS on the 26th day of January , A. D. 1928,
61 the City of Miami Beach, Florida, instituted suit in
the Civil Court of Record in and for Dade County,
Florida, against Florida East Coast Railway Company,
a Florida Corporation, No. 6340 , for the sum of Se-
venteen Hundred Sixty-four Dollars Thirty-four Cents
($1764.34) , being the value of a certain carload of
pipe described in the Bill of Complaint filed therein,
shipped from United States Cast Iron Pipe & Foundry
Company, from Bessemer , Alabama, December 18, 1925 , and
WHEREAS, it has been agreed by and between said
parties that said cause shall be settled by defendant
paying to plaintiff the said sum of Seventeen Hundred
Sixty-four Dollars Thirty-four Cents 01764.34) , and
plaintiff dismissing said suit at its cost.
NOW, THEREFORE BE IT RESOLVED by the said City
Council of the City of Miami Beach, Florida, that said
cause , to wit , City of Miami Beach, Florida, a munici-
pal corporation, plaintiff , vs. Florida East Coast Rail-
way Company, a Florida Corporation, defendant , in the
Civil Court of Record in and for Dade County, Florida,
No. 6340, be dismissed at plaintiff' s cost , upon receipt
by said City from said defendant of the sum of *1764.34.
BE IT FURTHER RESOLVED that Claude A. Renshaw, City
Manager of said City, be and he is hereby authorized to
sign a good and sufficient release of said defendant from
and on account of said cause of action.
PASSED AND ADOPTED this 6th day of March , A. D. 1929 .
_ 1
'resident ofC" ity Council
ATTEST:
City Clerk
RELEASE
KNOWN ALL MEN BY THESE PRESENTS, that the City
of Miami Beach, Florida, a municipal corporation of the
State of Florida, for and in consideration of the sum of
ONE THOUSAND SEVEN HUNDRED SIXTY FOUR and 34/100
($1,764.34) DOLLARS, to it in hand paid, the receipt
whereof is hereby acknowleded, has released and dis-
charged, and by these presents, does hereby release
and discharge the Florida East Coast Railway Company
from any and all claims and demands, which have accrued,
or may accrue , to it on account of the loss of, and the
failure to deliver to said City of Miami Beech, Florida,
one carload of cast iron pipe shipped December 18, 1925
in Car S. L. S. F. No. 85561 from Bessemer, Alabama, by
the United States Cast Iron Pipe and Foundry Company to
the said City of Miami Beach, Florida. A part of the
above mentioned consideration being for the dismissal of
the suit now pending in the Civil Court of Record, Jade
County, Florida, No. 6340, wherein the City of Miami Beach,
Florida, a municipal corporation, is plaintiff, and Florida
East Coast Railway Company, a Florida corporation, is de-
fendant.
IT IS HEREBY STIPULATD AND AGREED by the City
of Miami Beach, Florida, that it was, at the time of said
loss and damage, the sole owner of the carload of cast
iron pipe above described, and, in consideration of the
payment to it of the slim aforesaid, does hereby promise
and agree to hold and hereby holds said Railway Company
harmless from the claims and demands of any and all other
persons in any manner claiming or pretending to claim any
interest or title in the property aforesaid.
No representations have been made to the City
of Miami Beach, Florida, or to any of its representatives
as to the nature, character and extent of said loss or
damage or as to the nature and effect of this release, or
as to the liability of the Railway Company, except as ex-
pressly set forth herein.
IN WITNESS WHEREOF the City of Miami Beach, Flor-
ida, under authority of proper resolution, has caused this
release to be executed in its name by Claude A. Renshaw,
its City 'aneger , attested hereto by C. 7. Tomlinson, its
City Clerk, and its corporate seal affixed hereto , this
6th day of March, A. D. 1929.
CITY OF MIAMI BEACH, FLORIDA,
By (Si ned) Claude A. Renshaw
City Manager .
ATTEST:
(Sizned) C. W. Tomlinson
City Clerk
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