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11175ORDINANCE NO. 11,175 AN ORDINANCE AUTHORIZING THE SETTLEMENT OF A LAWSUIT PENDING IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS, BETWEEN THE CITY OF LITTLE ROCK AND THE CAPITOL TRANSIT COMPANY; APPROPRIATING THE SUM OF FIVE THOUSAND AND N0 1100 DOLLARS ($5,000.00) TO EFFECT SETTLEMENT OF SAID SUIT; AND FOR OTHER PURPOSES. WHEREAS:, the City has heretofore filed suit against Capitol Transit Company for franchise taxes due for the years 1955 and 1956; and WHEREAS, Capitol Transit Company had counterclaimed in said lawsuit for damages occasioned as a result of its relocation of telephone poles owned by it in the right -of -way of La Harpe Boule- vard and, further, for damages representing the cost of poles of the said transit company utilized by the City of Little Rock in its fire alarm system and for other purposes after said transit company surrendered its franchise, the aggregate of all damages being far in excess of the claim of the City of Little Rock; and WHEREAS, it has been found and determined that the claims of Capitol Transit Company are valid and should be allowed as an offset against the tax claim of the City and that, in addition thereto, the City should abide by its contract, executed April 27, 1954, with said Capitol Transit Company to purchase said poles; and WHEREAS, said Capitol Transit Company has agreed to a com- promise of all its claims against the City of Little Rock in said litigation for the sum of Five Thousand and No /100 Dollars ($5,000.00) cash and the cancellation of tax claims by the City of Little Rock, and, as a condition of said compromise, said transit company will vest or cause to be vested in the City absolute title and possession of the two hundred three (203) poles utilized by the City by its fire alarm system and for other purposes, pursuant to an agreement entered into between the City of Little Rock and Capitol Transit Company on April 27, 1954. vroD- �o G -� - 2 - NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The City Attorney is hereby authorized and directed to effect a compromise settlement and dismissal of the lawsuit of the City of Little Rock against Capitol Transit Company, Case No. 44,800, now pending in the Circuit Court of Pulaski County, Arkansas. SECTION 2. In effecting the compromise settlement and dis- missal of said litigation referred to in Section 1 hereof, the City Attorney is to cancel the claim of the City for franchise taxes sued for in said litigation and pay over to said Capitol Transit Company the sum of Five Thousand and No /100 Dollars ($5,000.00) cash. SECTION 3. As consideration for the cancellation of claims and the payment of the sum of money provided for in Section 2 hereof, it is understood that Capitol Transit Company will dismiss its claims for damages counterclaimed for in said litigation and convey good title and right to possession to the City of Little Rock of the two hundred three (203) poles of said transit company now used by the City of Little Rock in its fire alarm signal system and for other purposes. SECTION 4. The sum of Five Thousand and No /100 Dollars ($5,000.00) is hereby appropriated, payable to the Capitol Transit Company, representing the settlement authorized hereinabove. The City Manager and Director of Finance are hereby authorized and directed to issue the necessary voucher in settlement of this claim. SECTION 5. All ordinances and parts of ordinances in con- flict herewith are hereby repealed, and this ordinance shall be J - 3 - in full force and effect from and after its passage and approval. PASSED: April 3, 1961 ATTEST: (---jDG City Clerk APPROVED:: tMayo •