RES NO 05-01-1999 CITY OF VAN BUREN
RESOLUTION NO. 5 -1999
A RESOLUTION OF THE CITY COUNCIL OF VAN BUREN, ARKANSAS,
AUTHORIZING THE MAYOR TO EXECUTE A SETTLEMENT
AGREEMENT AND RELEASE IN THE CASE OF OMNIAMERICA
DEVELOPMENT CORP. V. CITY OF VAN BUREN, UNITED STATES
DISTRICT COURT, WESTERN DISTRICT OF ARKANSAS, FORT SMITH
DIVISION, CASE NO. 99 -2033.
WHEREAS, on or about March 9, 1999, OmniAmerica Development Corp. filed suit
against the City of Van Buren, Arkansas, such case being styled as OmniAmerica Development
Corp. v. City of Van Buren, United States District Court Case No. 99 -2033;
WHEREAS, the subject of such litigation relates to various issues and causes of action
concerning the siting by OmniAmerica Development Corp. of two telecommunications towers in
the City of Van Buren;
WHEREAS, trial of such litigation is presently scheduled for May 20 -21, 1999;
WHEREAS, the Mayor of the City of Van Buren has negotiated a Settlement Agreement
and Release, such agreement being conditional upon approval by the Van Buren City Council;
WHEREAS, such Settlement Agreement if approved, will resolve any and all causes of
action and issues between the parties relating to the subject litigation and the siting by
OmniAmerica Development Corp. of the two towers in the City of Van Buren
WHEREAS, the Settlement Agreement and Release provides that OnmiAmerica shall be
entitled to site its two towers in the proposed locations; that OmniAmerica shall construct privacy
fencing around one of the sites; and that OmniAmerica shall pay to the City of Van Buren,
immediately upon adoption of the Settlement Agreement, the sum of Thirty Thousand and No /100
Dollars ($30,000.00) to be used by the City of Van Buren for city beautification projects; and
WHEREAS, after reviewing all things and matters relating to such litigation and any
potential appeals thereof, the City Council of Van Buren finds that adoption of the Settlement
Agreement and Release is in the best interests of the citizens of the City of Van Buren and that
such Agreement should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
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SECTION 1: That after considering all things and matters relating to the subject Iitig
including any potential appeals, such litigation being styled as OmniAmerica Development Corp.
v. City of Van Buren, U.S.D.C. No. 99 -2033, the City Council finds that it is in the best interests
of the City of Van Buren that the Settlement Agreement and Release, a copy of which is attached
hereto, labeled Attachment "A", and incorporated by reference herein as though set forth word
for word, be approved by the Van Buren City Council.
SECTION 2: That the Settlement Agreement and Release, a copy of which is attached
hereto, is hereby approved by the Van Buren City Council.
SECTION 3: That the Mayor is authorized to execute, on behalf of the City of Van Buren,
the Settlement Agreement and Release, a copy of which is attached hereto as Attachment "A.
SECTION 4: That this Resolution shall be in full force and effect from and after its
passage and approval.
PASSED AND APPROVED THIS 11 DAY OF MAY, 1999.
MAY JOHN RIGGS
ATTESTED:
624...r62.1
CITY CLERK TREASURER
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