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RESOLUTION # <br />A RESOLUTION AUTHORIZING THE CITY TO SETTLE INDEPENDENCE <br />COUNTY, ARKANSAS CIRCUIT COURT CASE: CITY OF BATESVILLE v. HARRY B. <br />STOKES POST NO. 4501, VETERANS OF FOREIGN WARS; CASE 32CV-24-141 <br />WHEREAS, that the City of Batesville has been in the process of acquiring property for the <br />expansion of Riverside Park as voted for by the Citizens of Batesville. Said property includes <br />property located at 1680 Chaney Drive, Batesville, Arkansas ("Property"); <br />WHEREAS, that the City has paid Harry B. Stokes Post No 4501, Veterans of Foreign <br />Wars ("VFW") $610,000 for possession of said Property; and <br />WHEREAS, that the above -referenced lawsuit is a condemnation action in which the VFW <br />claims that the amount paid thus far is not fair and just compensation; and <br />WHEREAS, that the leadership of the VFW voted unanimously to settle this case with the <br />City of Batesville for the total amount of $878,750 on June 10, 2025, with the understanding that <br />this sum includes the amount already paid for said property; <br />NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE <br />CITY OF BATESVILLE, ARKANSAS <br />SECTION 1: That the City of Batesville hereby authorizes the settlement of Independence <br />County, Arkansas Civil Case No 32CV-24-171 by paying Harry B. Stokes Post No. 4501, Veterans <br />of Foreign Wars ("VFW") the sum of $268,750. That upon payment of these funds the sum total <br />paid by the city of Batesville for the property located at 1680 Chaney Drive to the VFW is $878,750. <br />That the Mayor is hereby authorized to enter into a settlement agreement with the VFW reflecting <br />these terms and release said funds per this resolution and said settlement agreement. <br />PASSED AND APPROVED this -`h day of June, 2025. <br />Rick Elumbaugh, Mayor <br />ATTEST: <br />Jessica Davis, City Clerk <br />