HomeMy WebLinkAbout2024-01-03-R RESOLUTION#
A RESOLUTION AUTHORIZING THE PAYMENT OF JUDGMENT TO
INDEPENDENCE, COUNTY
WHEREAS, that Judgment was entered against the City of Batesville by Mandate by the
Arkansas Court of Appeals in Independence County Circuit Case Number 32CV-20-25;
WHEREAS, Independence County is agreeable to accepting payment for said Judgment in
monthly$5,000 increments from the City interest free until paid in full.
NOW,THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE,ARKANSAS
SECTION 1:The City of Batesville hereby authorizes the Mayor to enter into MOU with
Independence County attached hereto and incorporated herein, and the Clerk is authorized to make
said installment payments per said MOU.
PASSED AND APPROVED this `" day of January, 2024.
Rick Elunibaugh, Mayor
ATTEST:
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Denise iolinst7on, City Cl
INDEPENDENCE COUNTY JUDGE KEVIN JEFFERY
Independence County Courthouse • 192 East Main Street • Batesville,Arkansas 72501
MEMORANDUM OF UNDERSTANDING BETWEEN INDEPENDENCE COUNTY
ARKANSAS AND CITY OF BATESVILLE,ARKANSAS.REGARDING
SATISFACTION OF JUDGMENT
This Memorandum of Understanding (the "MOU") is entered into on this��day of
2023 by and beriveen Independence County, Arkansas (the "County") and
The City of Batesville,Arkansas(the"City"),and will be binding on all parties upon the execution
of this MOU.
WITNESSETH:
WHEREAS, on January 6, 2022, the Independence County Circuit Court entered a
judgment in case 32CV-20-25 in favor of Independence Couty, Arkansas in the amount of
$174,682.00;,and,
WHEREAS,after an appeal to the Arkansas Court of Appeals,the Circuit Court judgment
was affirmed on September 27, 2023, and a Mandate-from the Clerk of the Arkansas Court of
Appeals was filed on October 27,2023;and,
WHEREAS, the City has proposed to satisfy the'judgment by paying Five Thousand
Dollars(S5,000.00)per month until the judgment is satisfied;and
:WHEREAS,the County's quorum court voted to accept the proposal of the City; and
IT IS THEREFORE hereby agreed that:
MOU between Independence County and City of Batesville
In re:Satisfaction of Judgment
Page l of 2
Tele. (870) 793.8800 • Cell(870)612-9489 • Fax(870) 793-8803 • countyjudgeCa)independencecounty.com
INDEPENDENCE COUNTY JUDGE KEVIN JEFFERY
Independence County Courthouse • 192 East Main Street • Batesville,Arkansas 72501
SECTION 1. The City agrees to pay the County Five Thousand Dollars (S5,000.00) per month
until the S174,682.00 judgment has been Rilly satisfied; and
SECTION 2. The County agrees not to pursue interest on the remaining balance of the judgment
while the City makes the-abovementioned installment payments:
The parties have executed-this Agreement this�Aay of I 2023.
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Independence Coun td Mayor of Bat r ansas
ATTEST:
Uhu Q.
depende a County Clerk City Clerk of Batesville,Arkansas
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MOU between Independence County and City of Batesville
In re:Satisfaction of Judgment
Page 2 of 2
Tele. (870)"793.8800 • Cell(870)612-9489 • Fax(870) 793-8803-• countyjudge@independencecounty.com