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RESOLUTION NO. 8,770 494
2 A RESOLUTION AUTHORIZING THE CITY
3 MANAGER AND THE CITY ATTORNEY TO
4 TARE ALL APPROPRIATE STEPS TO OBTAIN
FEDERAL— FUNDS —TO- MATCH —WITH CITY _ —.
5 FUNDS, TO PAY FOR THE REMOVAL OF
6 BILLBOARDS WITHIN THE CITY; AND FOR
7 OTHER PURPOSES.
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9 WHEREAS, Little Rock, Ark., Ordinance No. 14,430 ( "LRO "),
and Little Rock Ark., Resolution No. 6973 ("LRR "), adopted April
10 5, 1983, provided for the removal of billboards on the City's
11 scenic corridors after seven years, and established a fund for
12 the deposit of sign permit fees to pay for the removal of
13 designated billboards; and
14 WHEREAS, sign owners and site owners waited until the end
of the amortization period, then filed suit in Pulaski County
15 Chancery Court to challenge the legality of the ordinance; and
16 WHEREAS, the Chancellor ruled against the City's position
17 and concluded that the amortization provision of LRO 14,430 did
18 not constitute just compensation in any form; and
19 WHEREAS, the City has appealed the case to the Arkansas
Supreme Court; and
20 WHEREAS, the City Attorney has advised the Board of
21 Directors that the Chancellor's decision is unlikely to be
22 reversed, and that the major issues concerning the valuation of
23 billboards are not likely to be decided on appeal; and
WHEREAS, one purpose of the recent amendments to the sign
24 ordinance, LRO 16,181 (February 18, 1992) and LRO 16,244 (July
25 7, 1992) was to maintain the status quo in the number of
26 billboards, but not to undermine the desire or the ability of
27 the City to remove billboards through negotiation, or if
28 necessary, through eminent domain; and
29 WHEREAS, federal funds may be available to match with City
funds on a pro rata basis to pay for the removal of
30 nonconforming billboards, and the Little Rock Board of Directors
31 deems it necessary to obtain these matching funds and proceed
32 with a plan to designate and remove billboards within the City.
33 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
34 THE CITY OF LITTLE ROCK, ARKANSAS:
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• • 495
SECTION 1. The City Attorney is authorized to dismiss the
appeal of City of Little Rock v. Donrey, et al, Arkansas Supreme
Court No. 92 -697.
SECTION 2. The Mayor, City Manager and the City Attorney
are hereby directed to take the necessary steps to to a request
- -and receive from-the-Arkansas-state-Highway-and—Transportation _
Department, a pro rata share of federal funds for the removal of
billboards on the scenic corridors in the City.
SECTION 3. Any funds received by the City pursuant to the
Highway Beautification Act billboard removal program, shall be
combined with City funds which have accumulated in the sign
permit fees account, and shall be used to pay just compensation
for the removal of billboards within the City, to the extent
that such funds can be used for the stated purpose.
ADOPTED: August 18, 1992
WMAO i
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APPROVED-
SHARON PRIEST
MAYOR