15357I
2
RESOLUTION NO. 15,357
3 A RESOLUTION TO SET, DECEMBER 15, 2020, AS THE DATE OF
4 PUBLIC HEARING TO ESTABLISH AND LAY OFF LITTLE ROCK
5 MUNICIPAL PROPERTY OWNERS' MULTIPURPOSE IMPROVEMENT
6 DISTRICT NO. 2020-002 (BEAR DEN MOUNTAIN PROJECT); AND FOR
7 OTHER PURPOSES.
8
9 WHEREAS, the City Clerk has been provided a petition executed by the Commissioners of the District
10 of the relevant property to form and lay off a Municipal Property Owners' Multipurpose Improvement
11 District 2020-002 (Bear Den Mountain Project); and,
12 WHEREAS, Little Rock, Arkansas, Ordinance No. 21,857 (April 7, 2020) ("LRO 21,857") formed
13 the Municipal Property Owners' Multipurpose Improvement District 2020-002 (Bear Den Mountain
14 Project) (the "District") for the purpose of constructing and installing facilities for waterworks, drainage,
15 gas pipelines, underground trenches and excavations necessary for the installation of electric and telephone
16 distribution systems, sanitary sewers, streets, including curbs, gutters and sidewalks, together with facilities
17 related to any of the foregoing within the District; and,
18 WHEREAS, the District has filed a Complaint for Condemnation in the Circuit Court of Pulaski
19 County, Arkansas, to exercise its right of eminent domain under Ark. Code Ann. § 14-94-112(a) to condemn
20 a 3,776 square -foot tract of real property adjacent to the District for the public purpose of connecting sewer
21 service to an existing manhole owned by the Little Rock Water Reclamation Authority located within
22 approximately seventy-eight (78) feet of the District; and,
23 WHEREAS, the owner of the real property at issue has moved to dismiss the District's Complaint for
24 Condemnation on the grounds that LRO No. 21,857 limits the District's power of eminent domain to the
25 geographical boundaries of the District; and,
26 WHEREAS, before such action can be taken it is necessary to have a public hearing before the Little
27 Rock Board of Directors to determine if it was or was not the intent of LRO No. 21,857 to limit the District's
28 authority.
29 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
30 OF LITTLE ROCK, ARKANSAS:
31 Section 1. A public hearing will be held by the Board of Directors at its meeting that will start at 6:00
32 PM on the 15'11 day of December 2020, at the Robinson Center, William Grant Still Ballroom, 426 West
33 Markham Street, Little Rock, Arkansas, regarding the question of whether City of Little Rock Board of
[Pagel of 21
I Directors did or did not intend to limit the District's authority under Ark. Code Ann. § 14-94-101 et seq. to
2 condemn real property located outside the boundaries of the District, more particularly described as:
3 THE S '/2 OF THE SE '/a OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 14 WEST,
4 PULASKI COUNTY, ARKANSAS.
5 Section 2. The City Clerk is hereby directed to give notice of such hearing in the manner prescribed
6 by law by publication once a week for two (2) consecutive weeks in a newspaper published in Pulaski
7 County, Arkansas, and having a general circulation in the City of Little Rock, Arkansas.
8 Section 3. All persons who request further information about this Improvement District and it Petition
9 may view the documents on file with the City Clerk, 2nd Floor, City Hall, 500 West Markham Street, Little
10 Rock, Arkansas; or contact counsel for the proposed District: Mr. Peter G. Kumpe, Rose Law Firm, 120 E.
11 Fourth Street, Little Rock, Arkansas 72201, (501) 375-9131.
12 Section 4. 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 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with
18 the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
19 ADOPTED: December 1, 2020
20 APPROVED:
21
22,�
23 qSusan'g ty Clerk Frank Scott, .)Mayor
24 :=LEGALFORM:
25
26
27 Thomas M. Carpenter, City Attor
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