21364III I III III�II IIIIIIIII I II II I III I III II III 2017010535
6�4vy3+p1��$i'a��sRaTF"F+ PRESENTED: 02-16-201710:25:52 AM RECORDED: 02-16-201710:28:52 AM
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In Official Records of Larry Crane Circuit/county Clerk
PULASKI CO, AR FEE $20.00
ORDINANCE NO, 21,364
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tDINANCE TO AMEND SECTION 3 A OF LITTLE ROCK,
4'''.,'�$�i cocas' � ) CK, ARK.,
''��filltt%%O DINANCE NO. 21,329 (NOVEMBER 15, 2016) TO MORE
5 ACCURATELY REFLECT THE TERMS OF THE AGREEMENT AS TO
6 THE GROUNDWATER ON THE IMPACTED PROPERTIES; TO
7 DECLARE AN EMERGENCY; AND, FOR OTHER PURPOSES.
8
9 WHEREAS, the Little Rock, Arkansas, Board of Directors approved an ordinance that would impact
10 groundwater use in an identified area in order to facilitate and finalize a settlement agreement between
11 various parties as to contaminated ground water in the area in Little Rock, Ark., Ordinance No. 21,329
12 (November 15, 2016); and,
13 WHEREAS, certain language included in the agreement was not included in Section 3(A) of the
14 ordinance, and to avoid any confusion the parties desire that this language also be in the body of the
15 ordinance;
16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
17 OF LITTLE ROCK, ARKANSAS:
18 Section 1. Section 3(A) of Little Rock, Ark., Ordinance No. 21,329 (November 15, 2016), is hereby
19 amended to read as follows:
20 Prohibition of Use of Groundwater Within the Identified Area. The use of any and all currently
21 existing groundwater wells within the identified area is prohibited for any purpose other than those
22 exceptions listed in Section 3(B). All existing groundwater wells within the identified area, other
23 than those excepted under Section 3(B), shall be closed and abandoned pursuant to applicable
24 requirements within ninety (90) days of the effective date of this ordinance. The construction of
25 new groundwater wells within the identified area is prohibited for any purpose other than those
26 exceptions listed in Section 3(B). This prohibition shall be in effect upon the effective date of this
27 ordinance and shall remain in effect so long as the City, through Central Arkansas Water, or some
28 other entity through which the City obtains water for its citizens, is able to provide water to the
29 Property. Further, this prohibition shall no longer be effective when the Arkansas Department of
30 Environmental Quality ("ADEQ') or, ifADEQ is no longer in existence, the agency of the State of
31 Arkansas that is responsible for preventing, controlling, and abating pollution that could harm
32 human health and the environment, has entered a final, non -appealable order or written
33 determination that the restrictions are no longer required.
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Section 2. Certified Copy of this Amendment to the Ordinance to be Filed A certified copy of this
amendment to Little Rock, Ark., Ordinance No. 21,239 (November 15, 2016), shall be filed with the Pulaski
County Clerk.
Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase or word
of this ordinance is declared or adjudged to be invalid or unconstitutional such declaration or adjudication
shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the
portion so declared or adjudged invalid or unconstitutional were not originally a part of the ordinance.
Section 4. Repealer. All laws, ordinances, resolutions, and parts of the same that are inconsistent with
the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 5. Emergency Clause. The City has previously declared the importance of assuring the health,
safety, and welfare of any person using the groundwater beneath certain lands in the City, and approved
Little Rock, Ark., Ordinance No. 21,239 (November 15, 2016) as apart of that assurance; this amendment
to the ordinance, to more fully state the agreement as set forth in Section 3(A) of the original ordinance,
and Section I of this ordinance, is necessary to assure there is no confusion on any issue in this matter and,
is essential to protect the public health, safety and welfare; therefore, an emergency is hereby declared to
exist, and this ordinance shall be in full force and effect from and after its passage and approval, and the
execution of a binding and appropriate indemnity agreement.
PAS�bruary 7, 2017
qity Clerk
AS TO LEGAL FORM:
Thomas M. Carpenter,
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Mark Stodola, Mayor
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