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17467i 1 2 3 ORDINANCE NO. 17,467 323 4 5 AN ORDINANCE TO APPROPRIATE $67,000 TO PAY FOR 6 LITIGATION EXPENSES AND SETTLEMENT OF 7 CONDEMNATION PROCEEDINGS TO ACQUIRE 8 PROPERTY FOR THE RIVER MARKET; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 9 10 11 WHEREAS, on September 22, 1995, the City of Little Rock instituted condemnation 12 proceedings to acquire Lots 10 and 11, Block 1, Pope's Addition to the City of Little Rock, for 13 construction and operation of the River Market; and 14 WHEREAS, the City deposited estimated just compensation in the amount of $90,000 in the 15 16 registry of the court, which amount was withdrawn by the defendants as permitted by law; and 17 WHEREAS, the case was set forjury trial on April 10, 1997 in Pulaski County Circuit Court; 18 and 19 WHEREAS, on April 9, 1997, pursuant to authority of the Board of Directors, the City 20 Attorney reached an agreement with the landowners /defendants to settle the lawsuit; and 21 WHEREAS, the City has incurred trial preparation expenses in the approximate amount of 22 23 $3,000 in addition to the court- ordered deposit ofjust compensation in the amount of $64,000. 24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 25 THE CITY OF LITTLE ROCK, ARKANSAS: 26 SECTION 1. The sum of Sixty -Seven Thousand Dollars ($67,000) is hereby appropriated 27 from account No. 303 -8515 to be placed into the River Market Project account No.303- 230 -0391 28 29 for payment of trial preparation expenses and court- ordered just compensation in the case of City (?f 30 Liple Rock v. Coldmrera, el al., Pulaski County Circuit Court, Case No. 95-11019. . 31 SECTION 2. Emergency. On April 11, 1997, the Pulaski County Circuit Court entered its 32 Order requiring the City of Little Rock to deposit additional just compensation into the Registry of 33 the court. Furthermore, the City has received several outstanding invoices for expenses related to the 34 litigation of this matter. In order to comply with the court order and to pay litigation expenses in a 35 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 timely manner, it is necessary to appropriate the funds immediately for the health, safety and welfare of the citizens of the City. Therefore, an emergency is declared to exist and this ordinance shall be effective from and after the date of this adoption. PASSED: April 15, 1997 ATTEST: ".&, �. _,Al ROBBIE HANCO K CITY CLERK APPROVED AS TO FORM: THOMAS M. CARPEN R CITY ATTORNEY 1) i 310 ALLEY Nl O R 324