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Ordinance 2012-08

ORDINANCE NO. 2012-08
AN ORDINANCE AUTHORIZING AND DIRECTING THE
SPRINGDALE CITY ATTORNEY'S OFFICE TO TAKE SUCH
ACTIONS AS ARE REQUIRED AND NECESSARY TO
ACQUIRE BY EMINENT DOMAIN THE REQUIRED RIGHTS
OF WAY AND EASEMENTS AND/OR FEE SIMPLE TITLE TO
THE PROPERTY KNOWN AS TRACTS 19,20, 25, AND 26
PURSUANT TO ACA §§ 18-15-201 et seq FOR THE PURPOSE
OF CONSTRUCTION AND MAINTENANCE OF PUBLIC
ROADWAY AND OTHER LAWFUL PURPOSES AND
DECLARING AN EMERGENCY TO EXIST.
WHEREAS, the City of Johnson and the City of Springdaie have agreed to cooperate in
the construction of a roadway beginning on the East side of 1-540 at exit 69 and proceeding
thence eastwardly and northward into Springdaie to the South side of Don Tyson Parkway
known as AHTD Project #040272.
WHEREAS, the engineers working on the Project have performed survey work, made
detailed plans, prepared bid specifications and are proceeding to the commencement of
construction in the very near future.
WHEREAS, land and/or permanent easements will be required of property owners in this
area to accommodate the roadway,
WHEREAS, necessary parcels of land lie in both the City of Springdaie in the City of
Johnson.
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS,
That:
Section 1: Because the Springdaie City Attorney's Office will commence and
prosecute an action on behalf of the City of Springdaie in this matter, it is expedient and less
burdensome on all parties and the Court, if the Johnson City Council authorizes the Springdaie
City Attorney's Office to represent the City of Johnson with the City of Springdaie in a single
proceeding.
Section 2: Jeff Harper, Springdaie City Attorney's Office who has been working on
AHTD project 040272, is hereby authorized and directed to take all actions and steps necessary
to acquire legal title in fee and/or any necessary rights of way, temporary construction
easements, or permanent easements over, under and across the property known as Tracts 19, 20,
25, and 26, but not limited to, the filing of a condemnation proceeding against the property
owners in the Circuit Court of Washington County, Arkansas.
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Section 3: That at the request of the Springdale City Attorney's Office as confirmed
by Daniel Wright, the Recorder-Treasurer shall issue a check drawn on the City general fund
account payable as requested, for expenses of the City of Johnson in relation to this
condemnation proceeding.
Section 4: The Springdale City Attorney's Office, upon filing a condemnation action
against the landowner shall deposit with the Court Clerk authorized funds to compensate said
owner for the property taken.
Section 5: The Springdale City Attorney's Office shall fully comply with all
requirements of the applicable laws governing condemnation proceedings throughout this
process.
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 AHTD Project #040272 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.
PASSED AND APPROVED this 2012.
BUDDY Curry
ATTEST:
JENNIFER ALLEN, Record-Treasurer
coj/JeffHaiperOid052112