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2004016950
03/02/20104 03:13:13 PH
• : Filed 8 Recorded of
Official Records of
CAROLYN STALEY
CIRCUIT /COUNTY CLERK
ORDINANCE NO. 19,057 Fees $14.00
AN ORDINANCE TO REPEAL LITTLE ROCK, ARK., ORDINANCE NO.
18,456 (APRIL 3,2001); TO INFORM THE PLANNING COMMISSION OF
THIS ACTION AS IT CONSIDERS A REQUEST TO EXTEND THE TIME
FOR THE SUMMIT MALL - REVISED PCD (Z- 4923 -A); TO DECLARE AN
EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, the Board passed Little Rock, Ark., Ordinance No. 18,456 ( "LRO
18,456 ") on April 3, 2001, and
WHEREAS, subsequent to this action litigation was filed in Pulaski County
which ultimately resulted in a decision of the Arkansas Supreme Court which upheld
the ordinance but remanded to the Pulaski Circuit Court to determine whether a
referendum election on the ordinance must be held, and
WHEREAS, prior to a hearing on this referendum issue the law firm of WILLIAMS
AND ANDERSON sent a request to the City to extend the Summit Mall- Revised PCD
pursuant to Little Rock, Ark., Rev. Code § 36- 454(e) (1988), and
WHEREAS, prior to a hearing on this referendum issue the SIMON PROPERTY
GROUP sent notice to the City, and a copy of a press release, which stated that it would
not build the development set forth in the preliminary development plan approved in
LRO 18,456, and
WHEREAS, the Pulaski Circuit Court has issued an order that requires a
referendum election on LRO 18,456 by April 18, 2004, if the ordinance is not first
repealed, and
WHEREAS, acting pursuant to its legislative authority, 'the Feb 1 2004,
a GIRn
Order of the Pulaski Circuit Court in Russell Lemond, et al v. City of
Ordinance
Repeal of LRO 18,456 (Summit Mall- Revised PCD)
[PAGE1OF3] N S.f;:..wa
0 0
1 2001 -2246, Pulaski Circuit [17thl, and the statements of the SIMON PROPERTY GROUP that it
2 will not meet the requirements to submit a timely final development plan,
3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
4 OF THE CITY OF LITTLE ROCK, ARKANSAS:
5 Section 1. Little Rock, Ark., Ordinance No. 18,456 (April 3, 2001) is hereby
6 repealed.
7 Section 2. The City Clerk is directed to deliver a copy of this ordinance to the
8 Little Rock Planning Commission so it can take the appropriate action to deny as moot
9 the request for an extension of time to submit a final development plan for the Summit
10 Mall- Revised PCD.
11 Section 4. Severability. In the event any title, section, paragraph, item,
12 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
13 or unconstitutional, such declaration or adjudication shall not affect the remaining
14 portions of the ordinance which shall remain in full force and effect as if the portion so
15 declared or adjudged invalid or unconstitutional was not originally a part of the
16 ordinance.
17 Section 5. Repealer. All ordinances and resolutions inconsistent with the
18 provisions of this ordinance are hereby repealed to the extent of such inconsistency.
19 Section 6. Emergency. It is essential to the public health, safety and welfare that the
20 status of the Summit Mall- Revised PCD as approved in Little Rock, Ark., Ordinance No. 18,456
21 (April 1, 2004), be resolved immediately so the City does not have to bear the expenditures
22 required for a special referendum election ordered by the Pulaski Circuit Court in Russell
23 Lemond, et al v. City of Little Rock, et al, No. 11 2001-2246, Pulaski Circuit (171h1 since the
24 election would be moot because the developer has stated that it will not timely build the
25 development as set forth in the ordinance, therefore, an emergency is declared to exist and this
26 ordinance shall be in full force and effect from and after the date of its passage.
27 PASSED: February 24, 2004
[PAGE 2 OF 31
od;RV,n
Repeal of LRO 19A %ISuvunit Mill - Revised PCD)
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1 ATTEST:
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4 Nay W04 /City City Clerk
5 APPROVED AS TO LEGAL FORM:
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8 Thomas M. Carpenter, City Xttorney
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(PAGE 3 OF 31
O.df..a
Repeal of LRO 18,456 (Summit MilbR.med PCD)
0
APPROVED\.
J Dailey, Mayor