RESOLUTION NO. 2018-05
CITY OF ELKINS, WASHINGTON COUNTY, ARKANSAS
A RESOLUTION BY THE CITY OF ELKINS, ARKANSAS, TO AMEND RESOLUTION 2017-12 ESTABLISHING A TEMPORARY MORATORUM ON THE ISSUANCE OF BUILDING PERMITS AS WELL AS THE CONSTRUCTIN OF DWELLINGS IN THE STOKENBURY FARMS SUBDIVISION.
WHEREAS, on or about November 17, 2016, the Coty 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 drainage 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 Plaintiff's 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 dwelings; and
WHEREAS, the drainage problems related to the drainage ponds serving the Subdvison have not been addressed and continue to constitute a danger to nearby residences and property; and
WHEREAS, on December 22, 2017, The City Council adopted Resolution No. 2017-12 which extinguished the November 17, 2016 moratorium and instituted a temporary moratorium on the issuance of building permits and the construction of dwellings in the Subdivision through the end of the day on March 23, 2018; and
WHEREAS, since the issuance of the temporary moratorium on December 22, 2017, the City has conducted further evaluation of the drainage issues and has worked with a potential buyer of the Subdivision in an attempt to resolve the issue in the best way possible to protect the health, safety and welfare of the citizens of the City of elkins; and
WHEREAS, the potential buyer of the Subdivision, NWA LD, LLC, proposes to aquire the detention ponds and the remaining lots of the Subdivision, and perform the necessary work on the drainage of the Subdivision, in return for the City lifting the moratorium on the issuance of building permits and the construction of dwelling in the Subdivision.
WHEREAS, the City Council of the City of Elkins finds that it would be in the best interests of the citizens of the City of Elkins to extend the temporary moratorium to the time of the closing of the Subdivision transaction occurs and to authorize the Mayor of the City of Elkins to negotiate with the potential buyer of the Subdivision to lift the moratorium and perform the necessary drainage work and maintenance and resolve any pending litigation; and
WHEREAS, the City of Elkins finds that this extension of 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 December 22, 2017 temporary moratorium on the issuance of building permits and the construction of dwellings within the Subdivision is hereby extended until the aquisition of the Subdivision by NWA LD, LLC, and the execution of the agreement set forth in section two (2) below.
Section 2. The Mayor is hereby authorized to negotiate an agreement with NWA LD, LLC to lift the moratorium upon the aquisition of the Subdivision and detention ponds, and the performance or necessary drainage improvements as well as work with all parties to resolve the pending litigation.
PASSED and APPROVED this 15th day of March, 2018.
L. Bruce Ledford, Mayor
Delia Foster, City Clerk