1255RESOLUTION NO. 1255
A RESOLUTION APPROVING THE STIPULATION FOR SETTLEMENT
OF THE LAWSUITS STYLED CITY OF MARION VS. CITY OF WEST
MEMPHIS, CITY OF WEST MEMPHIS VS. CITY OF MARION, AND
THOMAS B. GOLDSBY, JR., VS. CITY OF WBST MEMPHIS, AND
AUTHORIZING THE MAYOR AND THE CITY ATTORNEY TO EXECUTE
THE NECESSARY DOCUMENTS TO ENTER INTO A SETTLEMENT AS
SET OUT IN THE STIPULATION FOR SETTLEMENT.
WHBRBAS, the City of West Memphis, the City of Marion
and Thomas B. Goldsby, Jr., have been and will continue to
be engaged in protracted, expensive litigation in the
Circuit Court of Crittenden County, Arkansas, styled City
of Marion vs. City of West Memphis, No. CIV-90-470; City of
West Memphis vs. City of Marion, No. CIV-90-471; and Thomas
B. Goldsby, Jr., vs. City of West Memphis, No. CIV-90-472;
and
WHEREAS, all of the parties to the pending litigation
have negotiated a Stipulation for Settlement to establish
the new boundaries of the City of West Memphis and the City
of Marion, to resolve all issues of the pending litigation
and to authorize dismissal of the pending litigation; and
WHEREAS, the negotiations have resulted in two proposed
legal descriptions of the property to be annexed to the
City of West Memphis and the Mayor should be authorized to
further negotiate and select which legal description should
be made a part of the Stipulation for Settlement; and
WHEREAS, the City Council of the City of West Memphis,
Arkansas, finds that it is in the best interest of the City
of West Memphis to approve the Stipulation for Settlement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the Stipulation
for Settlement, with the appropriate legal description to
be determined by the Mayor, is hereby approved and the
Mayor and the City Attorney are hereby authorized to
execute any and all necessary documents to effectuate a
settlement of the pending litigation as set out in the
Stipulation for Settlement.
ADOPTED this 15th day of August, 1991.
EITH M. INGRAM, yor
ATTEST:
DAN CRAF'P',(~fty/Clerk
SPONSORED BY:
STIPULATION FOR SETTLEMENT
This Stipulation for Settlement is made, entered into,
and executed this day of August 1991, in Crittenden
County, Arkansas, by and among the City of Marion (Marion),
the City of West Memphis (West Memphis) and Thomas B. Goldsby,
Jr., (Goldsby).
W-I-T-N-E-S-S-E-T-H
WHEREAS, Marion, West Memphis and Goldsby have been and
will continue to be engaged in protracted, expensive
litigation in three separate lawsuits in the Circuit Court of
Crittenden County, Arkansas styled, City of Marion v. City of
West Memphis, No. Civ-90-470 (the Marion Lawsuit); City of
West Memphis v. City of Marion, No. Civ-90-471 (the West
Memphis Lawsuit) and Thomas B. Goldsby, Jr., v. City of West
Memphis, No. Civ-90-472 (the Goldsby Lawsuit).
WHEREAS, after considerable negotiation, the parties have
reached an amicable settlement of the allegations in all of
the pending litigation.
NOW, THEREFORE, Marion, West Memphis and Goldsby for and
in consideration of the mutual promises herein contained and
for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, agree, covenant,
and stipulate as follows:
1. All recitals above set forth are true and correct.
2. The attorneys for the parties shall execute on behalf
of their respective clients the necessary pleadings so that
all three lawsuits shall be consolidated for the purpose of
this settlement and for the entry of a Consent Judgment to
effectuate the terms of this settlement.
3. The parties shall direct their respective attorneys
to prepare, approve and indicate the parties' agreement to the
terms of a Consent Judgment to be entered by the Circuit Court
of Crittenden County, Arkansas to effectuate the terms of this
settlement.
4. Each party shall bear his or its own costs and
attorneys' fees.
5. Based upon this Stipulation for Settlement Goldsby
shall direct his attorneys to file the necessary pleadings to
dismiss the claims filed by Goldsby in the Goldsby Lawsuit,
and said claims shall be dismissed with prejudice.
6. All parties agree that each shall instruct his or its
attorneys to enter into a stipulation of fact on behalf of the
respective parties that the boundaries created as the result
of the recent annexation elections which are the subject of
the lawsuits are as set out in the attachment marked Exhibit
A to this Stipulation for Settlement. The terms of the
Consent Judgment shall include the finding that the result of
the litigation shall establish the increased boundaries of
Marion and West Memphis due to the annexation elections as set
out in the Exhibit, and no party to the lawsuits shall
challenge the findings of the court with respect to the
boundaries so determined by the court. Each party waives the
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right to appeal after the Consent Judgment is entered of
record, save and except the right to insure that the terms of
this Stipulation for Settlement are effectuated by the entry
of the Consent Judgment.
7. Marion and West Memphis shall instruct their
respective attorneys to include into the terms of the Consent
Judgment the finding and order that neither city shall annex
lands by means of election within the corporate limits of
either for the next TAN (ion years from and after entry of
the Consent Judgment if the lands are contiguous to the new
boundaries of Marion and West Memphis as established by this
Stipulation for Settlement. Each city shall be free to
continue annexation by petition of the landowners. Nothing in
this Stipulation for Settlement or in the Consent Judgment
shall prohibit either city from annexing any lands by any
other lawful means other than by election during the
proscribed period of time.
8. Marion, West Memphis and Goldsby agree and covenant
that the Circuit Court of Crittenden County, Arkansas shall
enter the Consent Judgment approving this Stipulation for
Settlement.
9. This Stipulation for Settlement is entered into by
Goldsby by his own free will, choice, and volition with advice
of counsel or after an opportunity to consult with counsel
without any duress or compulsion to do so and by Marion and
West Memphis as its own free act and deed with advice of
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counsel. Marion, West Memphis and Goldsby acknowledge to each
other they understand and appreciate the seriousness of the
undertakings herein and fully understand and comprehend the
provisions of this Stipulation for Settlement.
10. This Stipulation for Settlement contains the entire
stipulation and agreement among Marion, West Memphis and
Goldsby with respect to all matters herein recited, and no
oral statements or representations not reduced to writing
herein and set forth herein shall be binding upon the parties.
11. This Stipulation for Settlement and all matters
related hereto including its enforceability shall be governed
and construed in accordance with the laws of the State of
Arkansas. The Circuit Court of Crittenden Count of Crittenden
County, Arkansas, shall have continuing jurisdiction to
interpret and construe this Stipulation for Settlement and
enforce any and all orders entered approving the same and
shall have subject matter jurisdiction and in personam
jurisdiction over each party to interpret and enforce the
terms hereof. The parties hereto reaffirm and acknowledge
that court's continuing subject matter jurisdiction and in
personam jurisdiction over them for the above purposes and the
power and authority of that court to make and enforce such
orders and enter the Consent Judgment.
12. This Stipulation for Settlement and each and every
covenant herein contained shall be binding upon Marion, West
Memphis and Goldsby their successors, assigns, heirs,
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officials, agents, servants, employees and personal
representatives.
13. For purposes of this Stipulation for Settlement the
singular includes the plural and the plural includes the
singular.
DATED at Crittenden County, Arkansas, on this day of
August, 1991.
APPROVED:
John N. Fogleman, Attorney
APPROVED:
David Pe les, Attorney
APPROVED:
One of his attorneys
CITY OF MARION
CITY OF WEST MEMP S
~-
THOMAS B. GOLDSBY, JR.
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