HomeMy WebLinkAbout19368ORDINANCE NO. 19,368
2
3 AN ORDINANCE TO PERMIT THE SANITARY SEWER COMMITTEE
4 TO CARRY OUT CONDEMNATIONS ON BEHALF OF THE CITY OF
5 LITTLE ROCK FOR PURPOSES OF OBTAINING PROPERTIES FOR
6 THE USE AND BENEFIT OF THE COMMITTEE; TO DECLARE AN
7 EMERGENCY, AND FOR OTHER PURPOSES.
8
9 WHEREAS, the City of Little Rock has granted the Little Rock Sanitary Sewer
1 o Committee ( "Committee ") the authority to operate and manage the City's waste water
11 utility system, and
12 WHEREAS, from time to time it is necessary for the Committee to condemn
13 property for the use and benefit of the waste water system, and
14 WHEREAS, Act 132 of 1933, as may have been amended, provides that "every
15 municipality shall have power to condemn any works to be acquired and any land,
16 rights, easements, franchises, and other property, real and personal, deemed necessary
17 or convenient for the construction of any works, or for extensions, improvements, or
18 additions to them.. . ", and
19 WHEREAS, many of the condemnations are for minor amounts of property of
20 less than three acres, and it makes sense to let the legal staff of the Committee handle
21 these matters, and
22 WHEREAS, the City wishes to assure that all condemnations on behalf of the
23 Committee be in compliance with state law;
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
25 OF THE CITY OF LITTLE ROCK, ARKANSAS.
26 Section 1. A provision shall be added Article III of Chapter 35 of the Little Rock
27 Code of Ordinances which reads as follows:
[PAGE 1 OF 3]
Ordinance
To permit Sanitary Sewer Committee to handle
Condemnation actions
I Condemnation of Property.
2 (a) The committee shall have the authority to act on behalf of the city to
3 condemn any works to be acquired and any land, rights, easements, franchises,
4 and other property, real or personal, deemed necessary or convenient for the
5 construction of any works, or for any extensions, improvements, or additions to
6 them as follows:
7 (1) For properties less than three acres in size, the committee may proceed on
8 behalf of the city with a condemnation action in the name of the city and the
9 committee upon delivering to the city manager a property adopted committee
10 resolution to condemn the property which sets forth the property to be
11 condemned, the reason for the condemnation, and the assurance that the
12 property shall be condemned in the name of the city for the use and benefit of the
13 committee;
14 (2) For properties three acres in size or larger, the committee may proceed on
15 behalf of the City with a condemnation action in the name of the city:
16 (A) Upon delivering to the city manager a property adopted committee
17 resolution to condemn the property which sets forth the property to be
18 condemned, the reason for the condemnation, and the assurance that the
19 property shall be condemned in the name of the city for the use and benefit of the
20 committee, and
21 (B) After receipt from the city manager of a written confirmation that the
22 issue has been presented to the board of directors and there has been no request
23 that the matter be included as an agenda item at a public meeting of the board of
24 directors.
25 (b) Nothing in this ordinance prohibits the city board of directors from adopting
26 an express resolution to grant the committee authority to proceed on its behalf
27 on any particular condemnation.
[PAGE 2 OF 3]
Ordinance
To permit Sanitary Sewer Committee to handle
Condemnation actions
I Section 2. Severability. In the event any title, section, paragraph, item, sentence,
2 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
3 unconstitutional, such declaration or adjudication shall not affect the remaining
4 portions of this ordinance, which shall remain in full force and effect as if the portion so
5 declared or adjudged invalid or unconstitutional was not originally a part of this
6 ordinance.
7 Section 3. Repealer. All ordinances or resolutions of the City in conflict herewith
8 are hereby repealed to the extent of such conflict.
9 Section 4. Emergency Clause. It has been found, and it is hereby declared, that the
10 City must be able to let its Sanitary Sewer Committee move expeditiously with the construction
1 t and maintenance of facilities in order to protect the public health, safety and welfare; an
12 emergency is, therefore, declared to exist and this ordinance shall be in full force and effect from
13 and after the date of its passage.
14 PASSED: AUGUST 1, 2005
15
16 ATTEST: APPROVED:
17
18
19 ataki S. Blocker, Assistant City Clerk an Adcock
20 For Nancy Wood, City Clerk
21
22 APPROVED AS TO LEGAL FORM:
23
7
24 i
25 Thomas M. Carpenter, City Ayorney
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[PACE 3 of 3]
Ordinance
To permit Sanitary Sewer Committee to handle
Condemnation actions