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RESOLUTION NO
11,250
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A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO
FILE A CONDEMNATION ACTION TO ACQUIRE PROPERTY
OWNED BY THE HOUSING AUTHORITY OF THE CITY OF
LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
WHEREAS, the Board of Directors adopted the Little Rock Parks & Recreation
Master Plan in Little Rock, Ark., Ordinance No. 18,528 Quly 17, 2001) ( "LRO _ "), and
pursuant to that plan authorized the issuance of a request for proposals for the
development of a nature center in the Fourche Creek area with the adoption of Little
Rock, Ark., Resolution No. 11,099 (August 7, 2001) ( "LRR_" ), and
WHEREAS, after a competitive process conducted in accordance with state law,
the Board approved the award of a contract to the Audubon Arkansas to build a nature
center in partnership with the City — and, in doing so, meeting the visions and goals of
the Little Rock Parks & Recreation Master Plan as set forth in Section 5 of LRO 18, 528 —
and memorialized the award of this contract in LRR 11,190 (December 11, 2001), and
WHEREAS, the Director of the Parks and Recreation Department has identified
a parcel of land that is currently owned by The Housing Authority City of Little Rock,
Arkansas that would be an ideal site for the City's planned Audubon nature center in
the Fourche Creek watershed, and that would be amenable to new construction without
disturbing other natural areas nearby, and
WHEREAS, Audubon Arkansas agrees that the location of the nature center at
the identified parcel -- which is comprised of approximately 90 acres within the old
Resolution
Authority to Condemn Housing Authority Property
[PAGE 1 OF 3]
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1 Booker homes site -- provides a singular opportunity to restore, revitalize and add to
2 the area's unique natural environment while contributing to the recreational,
3 educational and conservation activities to be conducted through a trail complex
4 throughout the nature center, a place which also offers a spectacular vista of downtown
5 Little Rock, and which is located within one of the largest urban wetlands in the United
6 States, and
7 WHEREAS, the acquisition of this acreage for park purposes is consistent with
8 the Little Rock Parks & Recreation Master Plan, and
9 WHEREAS, the City has express statutory authority to condemn property for the
10 public purpose to create, or enhance, a public park, as set forth in Ark. Code Ann. § 18-
11 15- 201(a) (Michie 1987), Ark Code Ann. § 18- 15- 301(a) (Michie 1987), and Ark. Code
12 Ann. § 14- 269- 103(d)(1)(Michie Repl. 1998), and as affirmed by the Arkansas Supreme
13 Court in Pfeifer v. City of Little Rock, 346 Ark. 449, 57 S.W.3d 714 (2001), and
14 WHEREAS, the initiation of an eminent domain action will enable the City to
15 acquire this site from the Board of The Housing Authority City of Little.Rock, Arkansas,
16 NOW, THEREFORE, B E IT RESOLVED BY THE BOARD OF DIRECTORS
17 OF THE CITY OF LITTLE ROCK, ARKANSAS:
18 Section 1. The City Attorney is hereby authorized to file condemnation
19 proceedings to acquire property owned by the City of Little Rock Housing Authority
20 consisting of approximately 90 acres known as the Little Rock Housing Authority
21 Booker Home Site located on Springer Hill Boulevard, also known as Arkansas State
22 Highway 365.
23 Section 2. Severability. In the event any title, section, paragraph, item,
24 sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid
25 or unconstitutional, such declaration or adjudication shall not affect the remaining
[PAGE 2 OF 31
Resolution
Authority to Condemn Housing Authority Property
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portions of the resolution which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
resolution.
Section 3. Repealer. All resolutions, bylaws, and other matters inconsistent
with this resolution are hereby repealed to the extent of such inconsistency.
ADOPTED: April 2, 2002
ATTEST: APPROVED:
Nancy Wood, City Clerk
APPROVED AS TO LEGAL FORM:
,4� VA
Thomas M. Carpenter, City Xttomey
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Resolution
Authority to Condemn Housing Authority Property
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Jim ailey, Mayor
[PAGE 3 OF 31