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5535
F_ ORDINANCE ISO. 5535 AN ORDDUNCB TO SETTLE. FOR DAKAGIS 10 CERTAIN r ..--+�.r..— �.r�''�r`irt.►.iw�.. fir—..-- wr��ri. r «iris'.►r`ry��— f.�k-r{r�%'':. _, I WHEREAS, in paving Roosevelt Road, it became necessary to make a out twenty -two feet deep on the south side of Block 8 l of Van Frank's Subdivision of Block 18 of Rapley's Estate, between Scott and Cumberland Streets, and this cut renders said property inaccessible from the south thus depreciating its value and also endangers the improvements on said property because of the caring which has already started, and the caving of the twenty -two foot bank is a menace to the heavy traffic on Roosevelt Road; and tie a ere of sai d - Prepurty have fj d a claim for damages and have asked the city to build a retaining wall to prevent erosion and caving; and WHEREAS, as a result of many conferences between the owners of said property, the Mayor and the Finance Committee of the City Council and the City Engineer, a satisfactory settle- meat has been reached by and between the owners of the property NOW, THEREFORE, HK IT ORDAINED by the City Conseil of tM Ity of Uttle RoeXt Arks as; Section 1. That is full settlement by and between the City of Little Rock, Arkansas, and the Misses Emily E. Van Frank, Charlotte B. Van Frank and Sue Marie Van Frank, their successors, s 10 heirs and assigns, for all damages sustained by them by the making of a out twenty -two feet deep on the south side of their property fronting on Roosevelt Road between Scott and Cumberland Streets, beiA Oat t .z .:.: Hi®ek Eight, f(18� . m! Rapisp l�ate<te, t dity, =© Arkansas, hereby agrees to and will lay off, grade and build the terrace as shown on the plans and designs therefor prepared by the City Engineer, approved by the owners of the said property and filed with the City Clerk with this ordinance; sod said terraces with good thick Bermuda sod; build a six inch concrete curbing at the top thereof; build a concrete retaining curb at the bottom of said terrace nine inches wide by twenty -four inches deep, of which twelve inches shall be above the surface of the ground; build concrete steps from the bottom to the top of the tgrraoe, said steps to be three feet wide with risers six inches in height and' the tre48 to be not lose them twelves imcUs in be width, and to3built in flights for each rise of the terrace, the lower flight to be placed three hundred feet east of the east ` property line of Scott Street, and each succeeding flight to be moved five feet west with connecting concrete sidewalk three feet wide between the head of one flight and the foot of the next higher flight; all concrete called for herein shall be of approved type of construction and not less than a 1 -2 -4 mix; to place on the top of the concrete retaining curb a four toot wire ae:e supported by iron posts not more them eight feet 10W , and to pay said owners the sum of $1500.00 in cash, all in full settlement of any and all damages of any kiwi by reason of the construction of the highway and the resultant oat on the seaft side of the property and for the additional land which the terracing will take. i Section 2. Upon the acceptance in writing by Misses Emily F. Tian Frank, Charlotte B. Ban Frank and Sue Marie Van Frank .:mod 4V . R t V of the terms of this ordinance, the City Engineer is hereby authorized and directed to proceed at gnce to do all things which the said City has hereby agreed to do and to continue trrith r+able ti3, t� ®tom 4RO x Fifteen Hundred Sollars ( $7.50(3.00) payable `U U ��t Emily E. Van Frank, Charlotte B. Van Frank and Sue Marie Van Frank, upon their acceptance in writing of the terms of this ordinance, out of money on hand in the arr-Z; Fund. Section 4. The acceptance of the said $1500.00 by the said property owners and the completion of the work herein described by the City in accordance with the plan filed with the City Clerk shall be a receipt and release in full of the City of Little Rock for any and all damages occasioned by the r_ eosstraoi�t:,ef aaldig►ny, and said property o"s:_urr .., agree to give the City the right to enter any and all portions of said property for the purpose of making said improvements and further agree that if said improvements are made in accordance with the plan filed with the City Clerk that no claim for any kind of damage shall arise. Section 5. Whereas the compromise offered herein depends on the City's immediate acceptance and such compromise will result in a saving to the City_; and the work contemplated will give employment to men now out of employment, an ergency fam d to exist and this ordinance is found to -Us 314 % for the immediate preservation of the public peace, health and safety and same shall be in full force and effect from and after its passage and approval Passed: om& aoe-P-FM1MVL January 10th, 1938 Ap rove yor ATTEST i ty Clerk of the terms of this ordinance, the City Engineer is hereby authorized and directed to proceed at Qnce to do all things whiah the said City has hereby agreed to do and to continue 1+4 1, + _Al IV ted the Sectio Fifteen Hundred Dollars ($1500.00) payable to the 1914,444r, Emily E. Van Frank, Charlotte B. Van Frank and Sue Marie Van Franks upon their acceptance in writing of the terms of this ordinance, out of money on hand in the Fund. Section 4. The aQceptanee of the said $1500.00 by the said property owners and the completion of the work herein described by the City in accordance with the plan filed with the City Clerk shall be a receipt and release in full of the City of Little Rock for any and all damages occasioned by the �-ootstrue4lo,of Oad -,XLOW!ty; and -said property 9 agree to give the City the right to enter any an d all portions of said property for the purpose of making said improvements and further agree that if said improvements are made in accordance - with the plan filed with the City Clerk that no claim for any kind of damage shall arise. Section 5. Whereas the compromise offered herein depends on the City's immediate acceptance and such compromise will result in a saving to the City-; and the work contemplated will give employment to man now out of employment, an emergency. _116 4XI at And. this Ordinance ix:f*Md,t *0 i for the immediate preservation of the public peaces health and safety and same shall be in full force and effect from and after its passage and approval. AM Passed: IFNI, 1 11 1 1: Januar7 10th. 1938 Ap� rove 7or ATTEST tvy 01 lark I. of the terms of this ordinance, the City Engineer is hereby authorized and directed to proceed at Qnce to do all things whiah the said City has hereby agreed to do and to continue 1+4 1, + _Al IV ted the Sectio Fifteen Hundred Dollars ($1500.00) payable to the 1914,444r, Emily E. Van Frank, Charlotte B. Van Frank and Sue Marie Van Franks upon their acceptance in writing of the terms of this ordinance, out of money on hand in the Fund. Section 4. The aQceptanee of the said $1500.00 by the said property owners and the completion of the work herein described by the City in accordance with the plan filed with the City Clerk shall be a receipt and release in full of the City of Little Rock for any and all damages occasioned by the �-ootstrue4lo,of Oad -,XLOW!ty; and -said property 9 agree to give the City the right to enter any an d all portions of said property for the purpose of making said improvements and further agree that if said improvements are made in accordance - with the plan filed with the City Clerk that no claim for any kind of damage shall arise. Section 5. Whereas the compromise offered herein depends on the City's immediate acceptance and such compromise will result in a saving to the City-; and the work contemplated will give employment to man now out of employment, an emergency. _116 4XI at And. this Ordinance ix:f*Md,t *0 i for the immediate preservation of the public peaces health and safety and same shall be in full force and effect from and after its passage and approval. AM Passed: IFNI, 1 11 1 1: Januar7 10th. 1938 Ap� rove 7or ATTEST tvy 01 lark