5071ORDINANCE
AN ORDINANCE RESERVING FOR FUTURE ACCUISITION FOR STREET
PURPOSES FOR A PERIOD OF TEN `.FEARS FROM DATE THE PROPERTY
ADJOINING WEST MARKHAM STREET FROM MAIN TO VICTORY, THIRD STREET
FROM MAIN TO THE VIADUCT, PROSPECT AVENUE FROM THE VIADUCT TO
THE WESTERN CITY LIMITS AND GAINES STREET FROM MARKHAM TO
THIRTY -THIRD STREET, AS SHOWN BY THE PLATS OF SUCH STREETS
PREPARED BY THE COMMISSIONER OF PUBLIC WORKS, WHICH ARE ATTACHED
HERETO AND MADE A PART OF THIS ORDINANCE, AND FOR OTHER PURPOSES9
WHEREAS, The City Planning Commission of the City of Little
Rock has prepared plats of the property adjoining West Markham
Street from Main to Victory, Third Street from Main to the Viaduct,
Prospect Avenue from the Viaduct to the Western city limits and
Gaines Street from Markham to Thirty -third Street, showing the
present lines of said streets and showing the said streets projected
to the widths as proposed in the Nolen City Plan, and
WHEREAS, it is now desired to prevent the construction of
- expensive improvements upon the property reserved along said streets
without due notice being given the City of Little Rock,
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK:
SECTION 1. That the property adjoining West Markham Street
from Main to Victory, Third Street from Main to the viaduct, Prospect
Avenue from the Viaduct to the Western City Limits and .Gaines Street
from Markham to Thirty Third Street as depicted in the plats attached
to this ordinance and made a part hereof, shall be and is hereby re-
served for the future taking or acquisition for street purposes and
such plats as prepared and attached hereto are hereby approved and
adopted.
SECTION 2. The approval and adoption of said plats and the
reservation of the Street locations defined in said plats for future
acquisition shall not be deemed the widening of said streets nor the
taking of any land for street purposes but it shall be deemed solely
as a reservation of the street locations shown thereon for a period
of ten years from date of the passage.of this ordinance for the future
taking or acquisition of such property for public use. Said plat or
plats may be changed, modified or abandoned should such action be deemed
advisable by the City Council.
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SECTION 3. The City Clerk is hereby directed to transmit an
attested copy of this ordinance and the plats attached hereto to the
County Recorder for recording by said recorder.
SECTION 4. Before any of the lands affected hereby shall be
taken for street purposes the City Council shall appoint a Board of
Three Appraisers who shall hold public meetings to determine the amount
of compensation to be paid the owners of property desired to be acquired.
Due notice shall be given all property owners of such hearings.
SECTION 5. Upon the filing of the plats contained in this or-
dinance no person shallerect any building or other structure upon the
locations herein reserved for future acquisition until such person has
first notified the City Council in writing of his intention to erect
such structure. Within Fifteen (15) days after the receipt of such
notice it shall be the duty of the City Council if it desires to pre-
vent such construction, to cause the Board of Appraisers, mentioned
in Section 4 herein to meet within five (5) days thereafter and appraise
the value of petitioner's property sought to be acquired by the city
for street purposes. If the petitioning property owner shall differ
with the Board of Appraisers as to the value of the property involved
he shall appeal from the award of the Appraisers within thirty (30)
days from the report of their findings and upon the filing of such
appeal in the Circuit Court of Pulaski County the City of Little Rock
shall deposit in the registry of the court such an amount as the court
shall deem proper to be held as security for the payment of such amount
as might be awarded the petitioner by a jury as payment for the land
and improvements involved in such action.
SECTION 6. Should the City not appoint the Appraisers as pro-
vided in Section 4 hereof or should the Appraisers fail to act as
provided in Section 5, hereof, the City will be deemed to have con-
sented to the construction of the improvements petitioned for in so
far as the reservations provided for in this ordinance are involved,
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and the petitioner may proceed with the improvements contemplated
in like manner as in any other construction.
SECTION 7. Should any property owner cause any erection to
be made upon the locations reserved in this ordinance for future
acquisition for street purposes without filing the petition called
for in Section 5 hereof, he will be deemed to have waived his
right to require compensation for such improvement should "be-city
at any time within the ten years reserved in this ordinance acquire
the property so reserved for street purposes.
SECTION 8. This ordinance shall take effect and be in force
from ankafter the date of its passage.
Pass
Atte:
RECEIVED
and FILIEWII
AM 26 1
JOHN L, KRUMM,