HomeMy WebLinkAbout100-90 RESOLUTIONRESOLUTION NO. inn-qn
A RESOLUTION APPROVING THE SETTLEMENT OFFER IN
ERC PROPERTIES, INC. v. CITY OF FAYETTEVILLE,
IN THE AMOUNT OF $4,000 FOR VIOLATION OF THE
CITY'S SETBACK ORDINANCE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Lection 1. That the Board of Directors hereby authorize
the acceptance of $4,000 settlement offer of ERC Properties, Inc.
for violation •of the City's setback ordinance. A copy of the
settlement agreement authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this loth day of ,Tl,na
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, 1990.
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C. RANDOLPH WARNER, JR.
DOUGLAS O. SMITH, JR.
WAYNE HARRIS
GERALD L. DELUNG
PATRICK N. MOORE
LILLARO CODY HAYES
JAMES M. OUNN
G. ALAN WOOTEN
JOHN ALAN LEWIS
PAUL K. HOLMES, 111
JOEL D. JOHNSON
GARY W. UDOUJ
J. RANDALL MCGINNIS
WARNER & SMITH
ATTORNEYS AT LAW
P. 0. BOX 1626
214 NORTH SIXTH STREET
FORT SMITH, ARKANSAS 72902-1626
May 22, 1990
Mr. Jerry E. Rose
City Attorney
113 West Mountain
Fayetteville, Arkansas 72701
RE: ERC Properties, Inc. vs.
City of Fayetteville, Arkansas
Case No. CIV -90-202
Dear Jerry:
In
matter,
present
tlikY
HARRY.ARN E IV(11365 -1E169)
" CEC L R. 1 WARNER 19 11 9O. 561. -•
..TA OMASYaI 'WAVES 11
TELEPHONE (50i) 782-6041.
TELE -FAX (501) 782-0641
light of our recent discussions regarding the above
I have consulted with my client and am authorized to
a new settlement proposal.
ERC is willing to pay $4,000 in settlement of this matter
and drop its lawsuit in return for a settlement agreement with
the City of Fayetteville that it will not seek to enforce the
city zoning ordinance violation, which is the subject of the
above styled cause and concerning property located at Lot 22,
Brookhollow Subdivision, Fayetteville, Arkansas (4053 Cambray
Drive).
for
you
Please present this proposal to the Board of Adjustment
their decision and advise. I look forward to hearing from
in this matter.
Thank you for your assistance and cooperation.
Sincerely,
WAR ERSMITH
By
JRM/sr
cc: Mr. Steve Rucker
ERC Properties, Inc.
P. 0. Box 3945
Fort Smith, Arkansas 72913
Rana 1 Mc7C�Innis
EXHIBIT A