RESOLUTION NO. 2017-__12______
CITY OF ELKINS, WASHINGTON COUNTY, ARKANSAS
A RESOLUTION BY THE CITY OF ELKINS, ARKANSAS, INSTITUTING A TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS AS WELL AS THE CONSTRUCTION OF DWELLINGS IN THE STOKENBURY FARMS SUBDIVISION.
WHEREAS, on or about November 17, 2016, the City Council of the City of Elkins instituted a moratorium on the issuance of building permits in the Stokenbury Farms Subdivision (the “Subdivision”) due to persistent drainage problems related to the retention ponds which serve the Subdivision; and
WHEREAS, on November 16, 2017, the City of Elkins became a city of the first class in the State of Arkansas in accordance with Arkansas law; and
WHEREAS, the Plaintiffs in litigation concerning the moratorium issued on building permits in the Subdivision have asserted that cities of the second class do not have the authority to regulate the building of houses or residences; and
WHEREAS, the allegations made by the Plaintiffs regarding the City’s authority to moratorium on November 17, 2016 are denied, however the Plaintiffs’ allegations are now moot as the City of Elkins is as of November 16, 2017 a city of the first class and even the Plaintiffs concede that a city of the first class has such authority to regulate the construction of houses or dwellkings; and
WHEREAS, the drainage problems related to the retention ponds serving the Subdivision have not been addressed and continue to constitute a danger to nearby residences and property; and
WHEREAS, it is the intention of the City Council that further evaluation of the drainage situation in the Subdivision shall be undertaken by City staff and consultants to determine the best course to secure the improvement of the drainage structures and determine if a further period of moratorium is necessary in order to protect the health, safety and welfare of the citizens of the City of Elkins; and
WHEREAS, the City of Elkins desires to simultaneously lift the moratorium issued on November __, 2016 which prohibited the issuance of building permits within the Subdivision and to issue a temporary moratorium on the issuance of building permits within the Subdivision by and through its authority as a city of the first class; and
WHEREAS, the temporary moratorium for the issuance of building permits within the Subdivision shall be in effect until March 23, 2018; and
WHEREAS, the City of Elkins finds the temporary moratorium to be necessary in order to protect the health, safety and welfare of the citizens of Elkins.
NOW, THEREFORE, BE IT HEREBY RESOLVED:
Section 1. The November 17, 2016 moratorium on the issuance of building permits within the Subdivision is hereby extinguished.
Section 2. A temporary moratorium on the issuance of building permits as well as the construction of dwellings in the Subdivision is now immediately in effect through the end of the day on March 23, 2018.
PASSED and APPROVED this ___21st__ day of December, 2017.
Bruce Ledford, Mayor
Delia Foster, City Recorder-Treasurer