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0 4F
RESOLUTION NO. 10, 704
A RESOLUTION AUTHORIZING THE CITY
ATTORNEY TO DEPOSIT JUST COMPENSATION
INTO THE REGISTRY OF THE COURT IN ORDER
TO SETTLE THE CONDEMNATION LITIGATION
WITH THE OWNERS OF THE CHOCTAW DEPOT;
AND FOR OTHER PURPOSES.
662.
WHEREAS, the City Board of Directors created the William Jefferson Clinton Presidential
Library Park and desires to assure that, among other things, the park is large enough to house the Clinton
Presidential Library; and
WHEREAS, certain property at 1010 East Third Street is within the area designated for the Park
and contains the historic Choctaw Depot building owned by Dennis and Danny Martindill; and
WHEREAS, the property was appraised at $1,000,000 and $1,070,000 respectively by two
appraisers hired by the City, but was appraised at $1,745,000 and $1,780,000 respectively by two
appraisers hired by the owners; and
WHEREAS, on December 28, 1998 the City filed a condemnation suit and deposited
$1,000,000 as estimated just compensation under the authority of Little Rock Resolution No. 10,441
(December 15, 1998) when the parties failed to reach a negotiation for purchase of the property; and
WHEREAS, the owners agree that the condemnation of the property by the City is for a valid
and proper public purpose, but they contest the City's estimate of just compensation; and
WHEREAS, after consideration for the City's need for the property in the Park for a valid public
purpose, the relatively good condition of the structure, the saved expenses of not having to try the case
which is scheduled to go to a jury on for November 23 and 24, 1999 which could have resulted in a
Judgment requiring the City to pay just compensation in excess of the negotiated settlement, the parties
have agreed that the City's appraised value of $1,000,000, plus an allowance for these additional costs,
equals a total price of $1,500,000 as just compensation.
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s •
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS: 663
Section 1. The City Attorney is authorized to settle the litigation styled City of Little Rock v.
Dennis and Danny Martindill, et al., Pulaski County Circuit Court No. CV 98- 11109, by making an
additional deposit into the registry of the court in the amount of $500,000. The Mayor, City Clerk and
City Manager are authorized to execute documents, found by the City Attorney to be in correct legal
form, which may be required to consummate the settlement of this case.
Section 2. Funds for this additional deposit of $500,000 are available from Account No.210 -21-
4- 095 -7.
ADOPTED: November 9, 1999
ATTEST:
Robbie Hancock, City Clerk
APPROVED AS TO FORM:
Thomas M. Carpenter, 06 Attorney
APPROVED:
/IMCFf/kE�FtClG (Acting Mayor)
Jim Dailey, Mayor