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1113.~ RESOLUTION NO. ~ ~ ~ .3 WHEREAS, a lawsuit has been filed in the United States District Court for the Eastern District of Arkansas, Jonesboro Division, Case Number J-C-85-207, by the Meadows of West Memphis, an Arkansas limited partnership and Robert E. McCarley, and James C. Rainer, III, against the City of West Memphis, Arkansas, Bill Burnett, Roger Sumpter, Clarence Guin, Doug Morris, Roberta Jackson, Pritchard Horton, Joe Brasfield, Randy Dalton, Larry Shelton and James Cooper, for damages for alleged violations of the United States Constitution; and WHEREAS, it has been determined by the West Memphis City Attorney and the Arkansas Municipal League Legal Defense Fund that it is in the best interests of the City of West Memphis, Arkansas, to settle such lawsuit; and WHEREAS, the Plaintiffs, through their attorneys, Rieves and Mayton, have agreed to settle all claims against all of the Defendants, including any claim for attorney's fees, for a total amount of $25,000.00 to be paid by the City of West Memphis and the Arkansas Municipal League Legal Defense Fund; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that the City Council approves of the payment to The Meadows of West Memphis, Robert E. McCarley, James C. Rainer, III, and Rieves and Mayton, their attorneys, in the amount of $12,500.00 as the City's one-half of the $25,000.00 to be paid to said Plaintiffs and their attorneys as total settlement of any and all claims, including attorneys' fees, in connection with said lawsuit, with the balance of $12,500.00 to be paid by the Arkansas Municipal League Legal Defense Fund. ADOPTED this ..~`-~, day of A gust , 9 MAY R CEI,TI?'ICATE ` ST~'1Ti; OF AR'tANSAS ) (SS COU:YTY OF C3,ITTENDEi1) The undersigned, City Clerk of the City of `lest Me~anhis, Arkansas, hereby certifies that the above and foregoing is a true and complete and correct copy of nPS,.,,,~-;^., *?^ ~ i ~ ~ as the same appears in the official records of said City. Ii1 ti'~ITPdESS SYIiEREOF, I have hereunto set my hand as City Clerk of tl:e City of "lest :,!er~phis, Arkansas, and the Official Soal of said City, on this 6th day of Aucrus _~ 19~Z• CITY CLERK: , TY 0 t EST \IEl.IPIi I S CRITTL`IDEi1 COUi`:TY , r1RIi:1:iSAS (SEiiL ) t f NOTICE NOTICE is hereby given that a petition has been filed with the City Council of the City of West Memphis, Arkansas, by Heath & House Construction Company, Inc. and Lodging Development & Management, Inc. petitioning the said Council to vacate the following street: That portion of the south one-half of Wheeler Avenue in the City of West Memphis, Arkansas„ abutting on the north side of Lots 9, 10, and 11 in Block 18 and Lots lA, 1, 2, 3, 4, and 5 in Block 19 of Wheeler Subdivision, West Memphis, Arkansas, as shown by plat of record in Plat Book 2 at pages 113 and 114 in the office of the Recorder of Crittenden County, Arkansas, being that portion of Wheeler Avenue not heretofore vacated. All persons are hereby notified and advised that the City Council of the City of West Memphis, Arkansas, will hear said i petition and determine whether the part of Wheeler Avenue p I hereinabove specifically described shall be vacated at a meeting 1 of said counci l to be held on the 3n-~-' day of ~~~, 1987, at 1:30 P.M. Dated this ~ D~ day of August, 1987. t r