OPINION ISSUED SEPTEMBER 24, 1987
CITY OF FAIRMONT
DEPARTMENT OF HIGHWAYS
No appearance by claimant.
Nancy J. Aliff, Attorney at Law, for respondent.
This claim was submitted for decision upon the pleadings and
stipulation. The claimant
and respondent agreed to the following facts: The claimant is a
municipal corporation furnishing
fire protection as an essential municipal service for which it may
impose a fee. The claimant
property adopted Ordinance Numbers 583 and 636, which provided for
collection of a fire
protection service fee. City of Fairmont vs. Yaneros, Civil Action
C-260- M, held that
Ordinance 583 was constitutional and enforceable. The claimant has
applied its aforesaid
ordinances in a constitutional manner. The respondent was a user of
service of fire protection and has failed to pay fees. The claimant
properly calculated the sum of
$1,632.40 as the amount due on Account No. 35-31123440 for the
July 1, 1984. to
June 30, 1986. The parties hereto agree that the amount stipulated
damages is a settlement of
all losses arising from or growing out of the matter as referred to
claimant's Notice of Claim.
Both parties stipulate that the style of the claim should be
City of Fairmont vs.
Department of Highways.
In view of the foregoing, the Court makes an award in the amount
Award of $1,632.40.