The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-01-03
SETTLEMENT MADE
CITY AND COUNTY HAVE FIXED
Up.
By the Opinion of Judge Dale, City
Gets Hts Belongings.

| This morning Judge Dale wifi enter
judgment wherein the city gets from the
/ county $4,000 and Griswold park. The
other s22,0O in dispute between the city
/ and county being left to the arbitration
! Of Judge Dale, whose opinion Will come
i later. The judgment this morning is d
/ conclusion of an agreement between the
/ city council and the board of county COM
/ missioners and is as follows:
| First. It is agreed that the said coun-
/ " shall allow, and the said board Of
! county commissioners do allow upon the
/ completion Of this contract, so much Of
| the said claim Of said city against said
county amounting 10 the sum Of 81. $50 "A
| Second. Said city hereby agrees 10 al
( low and hereby does allow said county,
upon the completion OF this contract, the
said claim Of the said county against the
said city amounting TO Sl0,963.1+
Third Said board of county commits
/ siOners hereby agrees 10, upon the COM
pletion Of this contract. make a deed TO
said city of Wichita 10 the land or park
known as "GriswoId park" and located
south and east of the river known as
Little river, and at or about the west end
Of Central avenue in said city and being
all Of the land known as Griswold park.
Said board Of county commissioners also
agrees TO dismiss said injunction case
now pending in the district court Of Sedg-
wick county, Kansas, enjoinng the said
city from erecting a bridge acress said
Little river adjoining said park, and said
city to release sand county and its bonds
men from any liability for dana ges by
reason Of said suit.
Fourth Said city 70 take judgment
against said county in said suit now pend
ing in said district court for the sum of
$4,000. which said judgment shall be in
full OF all claims Of any description now
held by said city and involved in said sIit
OF otherwise, except the penalty and in
terest now held by order of the board of
county commissioners by the county
treasury in a fund known as the interest
and penalty fund" which includes all pen
alties and interest collected by said coun-
" treasurer and a portion OF which are
claimed by said city since and including
the October, 1907, settlement.
And the said city of Wichita agrees,
upon the completion Of this contract,
and does hereby waive its claim for all
other penalties and interest arising
previous therto previous 70 said Octo-
Der. 1881, settlement, but not including
said October. 1887 and more especially all
interest and penalties prior TO said Octo-
Der, 1897. settlement, and all other de-
mauds OF any kind and description held or
claimed by said city against said county
arising previous TO this settlement except
such interest and penalties now held by
order Of said board Of county commits
sioners in said interest and penalty fund
and amounting 20 about s.. coo.
And II is further agreed that the matter
of difference as 10 who Is entitled 70 said
interest and penalties amounting 20 said
So 900 arising and accrUius. and including
said October. 1857. settlement shall he sub
mit-ed 10 the Hon. y. N. Dale. judge of
the district court OF Sedgwick county
Kansas. FOR tinaI settlement which said
decision Of said court shall be final and
binding upon all future penalties and in
terest. including said interest and penalty
fund heretofore mentioned, it being the
intention Of this agreement and contract
10 settle all matters OF difficulties and con-
troversy now pending between said city
OF Wichita and said county OF SedEwsck.