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2014-11-12
CITY-OF-BATESVILLE
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2014-11-12
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The Mayor also asked for out of state travel approval for himself to go to the <br /> National League of Cities in Austin, Texas. Councilmember Bryant so moved and <br /> Councilmember Henley seconded. All voted for. <br /> City Attorney Lindsey Castleberry addressed the council with an update on the <br /> Southside Annexation and Incorporation. He said the City is at a crossroads and needs <br /> to make a decision on how to proceed. Since the annexation was voted down by the <br /> public in the general election, there is no further action to take in that regards. <br /> However, the City currently has a petition filed in Circuit Court for declaratory judgment <br /> and needs to make a decision whether to continue to pursue it. The City also needs to <br /> decide whether it wishes to file a complaint in Circuit Court to prevent the Incorporation <br /> of Southside, since the City has one month from the entry of Judge Griffin's order in <br /> which to file. Mr. Castleberry said he visited with Mr. Martin Bowen, Attorney for the <br /> residents of Southside seeking incorporation, and inquired whether the Petitioners were <br /> still willing to pursue the incorporation since the annexation failed. Mr. Bowen said they <br /> would not abandon their petition. Mr. Castleberry said that he has visited with the <br /> Mayor, and they discussed that parts of the City's airport are within the proposed area <br /> to be incorporated. It was agreed the City should try to get the City's airport removed <br /> from the area proposed to be incorporated. If the airport could be removed, the City <br /> would dismiss its legal objections to the Petition for Incorporation. Councilmember <br /> Bryant moved to give the Mayor and our attorneys the authority to negotiate with Mr. <br /> Bowen in an attempt to have the City's airport removed from the proposed incorporated <br /> area in return for dismissal of the City's legal objections to the incorporation. <br /> Councilmember Henley seconded and all vote for. <br />
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