5422op
ORDINANCE NO. 5+22
AN ORDINANCE APPROPRIATING ONE HUNDRED FIFTY DOLLARS
FROM THE CITY ROAD FUND; AND FOR OTHER P1J SES
r`, "riEREAS,, A federal project approved by the City of
Little Q.ock, Arkansas, known as the :-wag`erty Branch Project,
was completed more than three (3) years ago; and,
7HERE'AS, In the progress of said work a ditch was cut
through the middle of the following described parcel of land,
to-wit:
"The 'North half of the west half of
block one (1 ) of Alex tobertsons
plat as per record in book five ( 5 )
page 347, and further described as
lying the North half of the Jouth
quarter of the ;;orthwest quarter, section
15- IN -12W.0
thereby damaging said land considerably; and,
WHEREAS, On the 28th day of April, 1936 a suit was
filed in the Pulaski Circuit Court seeking damages in the sirn
of One Thousand Five Hundred (;x1500.00) Dollars; and
WHEREAS, It has been ascertained that a certain amount
of damages were suf 'ered by Exie -3. Anderson, the owner of said
property, because of said water channel being directed out of its
regular channel and across said property by a ditch being cut;
and the Statute of Limitations having been run against any other
suit being filed on any similar allegations; and an agreement
having been reached whereby this suit can be settled for the sum
of One Hundred Fifty (4;150.00) Dollars, to be paid to the said
Exie B. Anderson in full and complete settlement of said damages
and suit
NOT', THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTEE
ROCK, ARKANSAS
SECTION 1. That there is hereby appropriated out of
the Road Fund a sum of One Hundred Fifty (;150.00) Dollars to be
aid to Exie B. Anderson upon her executing a fall and complete
C
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release from the darlages mentioned in the pre -amble of this
ordinance and the dismissal of the suit with prejudice at her
costs.
SECTION 2. The immediate settlement of this suit being
necessary for the preservation of the road Fund and other funds
of the City of Little Rocri, Arkansas, and the dismissal of said
suit being necessary for the betterment of the peace, health and
safety of the City of Little _:ock, an emergency is hereby de-
clared to exist and this ordinance shall be in full force and
effect from and after its passage and approval.
Passed: February 16, 1537
Attest: A.pprov��
0-4
'ity "le rk. Mayor.
R E L E A S E
KNOW ALL MEN BY THESE PRESENTS:
That I, Exie B. Anderson, widow, bf Little Rock, Arkansas,
for and in consideration of the sum of One Hundred Fifty and
no /100 0150.00) Dollars, cash in hand paid, the receipt of
which is hereby acknowledged, do hereby release, acquit and
do by these presents forever hold free, the City of Little
Rbck, State of Arkansas, its successors and assigns, of and from
any and 0.11 claims, demands and causes of action of whatsoever
nature, touching or growing from damages caused me, by reason
of drainage ditch made through my premises known as:
"The North half of the `.'hest half of
block one (1) of Alex Robertsons
plat as per record book five (5)
page 347, and further described as
lying the North half of the South
quarter of the Northwest quarter
section 16— IN -12W"
And for consideration herein named, I agree to and
do hereby dismiss with prejudice the suit now pending in
the Circuit Court of Pulaski County, Arkansas, styled
Exie B. Anderson plaintiff, Versus the City of Little Rock,
at the cost of khe plaintiff. And also agree that this
release shall inure to and bind my executors, administrator,
heirs and assigns forever, it being the intention of this
release to forever settle all claims of any and every nature
accruing to me by reason of said damage, drainage, at any time
prior to date hereof.
IN WITNESS MY HAND THIS THE -� w day of February,
1937, at Little Rock, Arkansas.
Exie B. An erson. �J
_ ,,�,_/