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Ordinance 2009-07

AN ORDINANCE AUTHORIZING AND DIRECTING TOM
KIEKLAK TO TAKE SUCH ACTIONS AS ARE REQUIRED
AND NECESSARY TO ACQUIRE BY EMINENT DOMAIN
FEE TITLE TO A PORTION (AS SPECIFICALLY DESCRIBED
BELOW) OF THE REAL PROPERTY OF DAVID C.
McCLINTON PURSUANT TO ACA §§ 18-15-301 etseq, 18-15-
401 et seq FOR THE PURPOSE OF CONSTRUCTION AND
INSTALLATION OF WATER AND SEWER LINES AND
OTHER LAWFUL PURPOSES AND DECLARING AN
EMERGENCY TO EXIST.
WHEREAS, the Johnson City Council has been called upon to provide water and sewer
(among other) services to a portion of south Johnson which the City of Fayetteville refuses to
serve in anticipation of development in this area.
WHEREAS, the engineer working for the City has performed survey work and made
preliminary plans to provide for collection and transport of sewer and to deliver water to this
area.
WHEREAS, land will be required of property owners in this area to accommodate the
pipes for sewer, pipes for water, construction, maintenance and associated activity.
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS,
That:
Section 1: Tom Kieklak who has been working on the overall project dealing with
south Johnson is hereby authorized and directed to take all actions and steps necessary to acquire
legal title in fee along with any necessary temporary construction easements over, under and
across the property described at Exhibit A hereto including, but not limited to, the filing of a
condemnation proceeding against David C. McClinton and spouse in the Circuit Court of
Washington County, Arkansas.
Section 2; That at the request of said Tom Kieklak the Recorder-Treasurer shall issue
a check drawn on the City general fund account payable to the Circuit Court Clerk of
Washington County. Arkansas, in the amount of Sixty-eight Thousand Dollars which the City
Council finds and determines to be the reasonable value of legal fee title to the property
described at Exhibit A; funher said officials shall issue checks as requested by Tom Kieklak for
filing, service of pleadings and related court costs.

Section 3: Tom Kieklak, upon filing a condemnation action against the landowner
shall deposit with the Court Clerk said check to compensate said owner for the property taken.
Section 4: The Mayor and Recorder-Treasurer are authorized to enter into and
execute on behalf of the City an agreement of the services of Tom Kieklak in regard to this
proceeding.
Section 5: Tom Kieklak shall fully comply with all requirements of the applicable
laws governing condemnation proceedings throughout this process. Upon request by the
aforesaid property owner easements for egress and ingress as well as utilities shall be granted
which are reasonably necessary and which do not conflict with the City's use of said real
property.
Section 6: All ordinances or parts of ordinances in the Johnson Municipal Code in
conflict with the above and foregoing are hereby expressly repealed to the extent of such conflict
only.
Section 7: The construction of and installation of water and sewer lines in this area of
Johnson is of vital concern to all residents and the health, safety and welfare of the citizens
demands that the project proceed with responsible haste, therefore an emergency is hereby
declared and this ordinance shall be effective immediately upon its passage and approval.