14152 1 RESOLUTION NO. 14,152
2
3 A RESOLUTION TO EXPRESS OPPOSITION TO THE CREATION OF A
4 NEW MUNICIPALITY IN AN AREA CALLED LITTLE ITALY; TO
5 DIRECT THE MAYOR TO SEND NOTICE OF THIS OPPOSITION TO
6 THE PULASKI COUNTY JUDGE; AND FOR OTHER PURPOSES.
7
8 WHEREAS, pursuant to Ark. Code Ann. § 14-38-101 (West Supp. Pamph. 2015)residents of an area
9 commonly referred to as Little Italy filed a petition for incorporation as a municipality; and,
10 WHEREAS, a small portion of the 8.8 square-mile area within the corporate limits of the proposed
11 town of Little Italy his area was originally settled in 1915 as Alta Villa; and,
12 WHEREAS, approximately 400 residents reside within the corporate limits of the proposed town of
13 Little Italy, 220 of whom signed the petition for incorporation; and,
14 WHEREAS, Pulaski County has passed an ordinance which sets certain restrictions within the
15 watershed area in order to safeguard drinking water for more than 400,000 persons who reside within the
16 service area of Central Arkansas Water; and,
17 WHEREAS,the City of North Little Rock, and Central Arkansas Water,have stated objections to this
18 incorporation, particularly because removal of that area from Pulaski County's land use and planning
19 jurisdiction could have a negative impact upon the Lake Maumelle Watershed; and,
20 'WHEREAS, one of the reasons stated in the objectives for Little Italy to incorporate is expressly to
21 prevent"controls leveraged by another city government," but the Arkansas Supreme Court has stated that
22 the avoidance of municipal regulation is not a reason to permit an incorporation; and,
23 WHEREAS,a hearing is currently scheduled on the petition for incorporation on July 13,2015,before
24 Pulaski County Judge Barry Hyde;
25 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
26 OF LITTLE ROCK,ARKANSAS:
27 Section 1. The City of Little Rock opposes the incorporation of Little Italy as a town located within
28 Pulaski County, and in the Lake Maumelle Watershed area.
29 Section 2. The Mayor and City Manager are authorized to attend any public hearing on the issue of
30 incorporation of Little Italy and, on behalf of the City of Little Rock, express such opposition, and further,
31 to bring with them such witnesses and materials as deemed necessary to support this opposition.
32 Section 3. The City believes that the incorporation of this town creates the possibility of damage to
33 the Lake Maumelle Watershed,and that such damage could impact the public health and safety of the more
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1 than 400,000 persons who rely upon the watershed to supply potable drinking water on a daily basis,so this
2 opposition shall remain unless and until Little Italy and Central Arkansas Water are able to reach an
3 agreement that would protect the watershed.
4 Section 4. The Mayor and City Manager may withdraw the City of Little Rock's objection to the
5 incorporation of Little Italy as a town within Pulaski Countyand the Lake Maumelle Watershed shed if Central
6 Arkansas Water receives binding commitments, acceptable to Central Arkansas Water and with a
7 demonstrated intent to be filed of record with the Circuit Clerk and Ex-Officio Recorder of Pulaski County,
8 Arkansas,that the property owners within the proposed Little Italy area will provide long-term protections
9 for the preservation of water quality in Lake Maumelle.
10 Section 5. Repealer. All laws, ordinances,resolutions, or parts of the same,that are inconsistent with
11 the provisions of this resolution,are hereby repealed to the extent of such inconsistency.
12 Section 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
13 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
14 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
15 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
16 resolution.
17 PASSED: July 7,2015
18 APPROVED•
19 11111111 •
20 ►.,. ,AL1 i�
21 Susa �,ley,City Clerk Mark Stodola,Mayor
r.
22 APPR► 1 AS TO LEGAL FORM:
23
24 1 wit
25 Thomas M. Carpenter,City Att i r r ey
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