3495 RESOLUTION NO. 3,495
A RESOLUTION ESTABLISHING PROCEDURES FOR
THE ACQUISITION OF RIGHT-OF-WAY NECESSARY
AND REQUIRED IN THE COMPLETION OF THE
SEVERAL PROJECTS UNDERTAKEN BY THE CITY
OF LITTLE ROCK UNDER THE 1965 CAPITAL
IMPROVEMENT BOND ISSUE; AND FOR OTHER
PURPOSES.
WHEREAS, in order to provide an orderly and systematic
procedure applicable to all departments involved in the
obtaining of right-of-way for the purposes of implementing
the 1965 Capital Improvement Bond Program it is felt proper
and appropriate to establish said procedures by resolution of
this Board of Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Real Estate Agent will submit to the
City Manager for presentation to the Board of Directors the
number of appraisals which he has received from the various
appraisers under contract. A resolution will be prepared for
the Board of Directors authorizing the real estate agent to
procum an option for the property so appraised at the appraisal
figure. This resolution need not identify each parcel by name
of the owner or by the legal description of the property but
each parcel should be identified by a number or other symbol
and the Board of Directors should be presented with the actual
amount of the appraisal of each parcel prior to the requested
action upon the resolution. When the Board adopts the first
resolution so submitted it should at approximately the same time
appropriate from the appropriate fund an amount of money sufficient
to cover the anticipated purchases.
SECTION 2. In the event the Real Estate Agent cannot
obtain an option for the purchase of a parcel of property at
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the appraised figure but feels that it can be purchased at a
slightly higher figure he sould then, with the consent of the
City Manager or his designated assistant, request a reappraisal
of that particular parcel of property in the light of information
that he can furnish them upon the reasons for his inability to
obtain the option at the original appraisal price. If the
right for reappraisal is granted a different contracted
appraisor should be asked to re-appraise the property. If the
re-appraisal results in a higher figure of value it would be
considered so far as the City Manager' s office and the Board
of Directors is concerned a new appraisal and go through the
procedures mentioned in Section 1 above before the property
is to be purchased.
SECTION 3. In the event the Real Estate Agent
cannot obtain an option at the highest appraised figure and
has reason to believe that further negotiations will not suffice
to allow him to obtain an option and that condemnation will be
the only means of acquiring the property then with the consent
of the City Manager or his designated assistant the property
should be presented to the Board of Directors for approval by
condemnation proceedings. If such approval is had then the
attorney' s office can commence condemnation proceedings.
SECTION 4. When the Real Estate Agent has procurred
an option to purchase he will obtain the abstract of title from
the owner and forward it to the abstract company with instruc-
tions to have it brought to date, certified in the name of the
owner and the City of Little Rock. The abstract office will
a be further instructed upon completion of the abstract to deliver
it to the office of the City Attorney together with its statement
for services. The Real Estate Agent will in the meantime forward
to the office of the City Attorney the signed option together
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with a copy of the appraisal and other information indicating
that the consideration is within the appraised value. In the
event the owner does not have his abstract a new abstract may be
ordered from the abstract company. If, however, the value of
the property to be purchased is Five Hundred and no/100 Dollars
($500.00) or less no abstract will be ordered by the Real
Estate Agent but only by the attorney when in his judgment such
abstract is needed.
SECTION 5. Upon receipt of the abstract brought to
date the City Attorney' s office will prepare a title opinion
upon the abstract and prepare the necessary documents (deeds,
releases, etc. ) necessary to procu e title to the property in
the City of Little Rock. The original of the title opinion
will be forwarded to both the City Manager and the Real Estate
Agent with a notation thereon in some words such as the
following:
"Purchase of the above described property is
authorized by resolution no.
and funds therefore have been appropriated by
ordinance no. . "
This will be an additional check against the possibility of
closing any tract without the proper authority from the Board
of Directors. The title opinion so approved by t1a City Manager
and the Real Estate Agent be returned to the City Attorney' s
office whereupon the City Attorney will order a draft from
the Finance Officer sufficient to pay the consideration of that
particular item and proceed to close the transaction.
SECTION 6. Khen the transaction is completely closed
the deeds, release deeds and other instruments \itch are to be
recorded and become permanent records of the City together
with the abstract (if the purchase is a full taking) are re-
turned to the City Clerk who will record the necessary deeds
and maintain permanent records as to the acquisition of the
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property. The City Clerk will also at least once a month
furnish the Pulaski County assessor with a list of the
property acquired by the City. The remainder of the file is
returned to the deal :state Office.
SECTION 7. This Resolution shall be in full force
and effect from and after its adoption.
ADOPTED: February 7, 1966
ATTEST Lg k eel,.iJ APPROVED: ,�
City Clerk MayorT