RESOLUTION NO. 2018-__06__________
CITY OF ELKINS, WASHINGTON COUNTY, ARKANSAS
A RESOLUTION APPROVING AN AGREEMENT TO LIFT THE MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF DWELLINGS WITHIN THE STOKENBURY FARMS SUBDIVISON BY AND BETWEEN THE CITY OF ELKINS, ARKANSAS AND NWA LD, LLC.
WHEREAS, on or about November 17, 2016, the City of Elkins City Council instituted a moratorium (“Moratorium”) on the issuance of building permits in the Stokenbury Farms Subdivision (“Subdivision”) due to problems with maintenance and functionality of the Detention Ponds and their ability to adequately drain storm water from the Subdivision; 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 within the Subdivision through the end of the day on March 23, 2018; and
WHEREAS, on March 15, 2018, the City Council adopted Resolution No. 2018-5 to extend the temporary Moratorium to the time of the closing of the Subdivision transaction and to authorize the City of Elkins to negotiate with NWA LD, LLC to lift the Moratorium and perform the necessary drainage work and maintenance and resolve pending litigation; and
WHEREAS, NWA LD, LLC has recently acquired the 105 residential lots in the Subdivision as well as the detention ponds which serve the Subdivision and has agreed to undertake certain remedial actions to repair the Detention Ponds of the Subdivision, in return for the City of Elkins lifting the Moratorium on the issuance of building permits and the construction of dwelling in the Subdivision; and
WHEREAS, the City of Elkins, Arkansas desires to enter into an Agreement with NWA LD, LLC., to lift the Moratorium and repair functionality to the Detention Ponds within the Stokenbury Farms Subdivision in order to protect the health, safety and welfare of the citizens of Elkins; and
WHEREAS, the Mayor and the City Council have thoroughly reviewed the proposed Agreement and believe the proposed Agreement to lift the moratorium should be approved and all previous Resolutions instituting the moratorium are hereby repealed.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Elkins, Arkansas:
Section 1: That the City Council of the City of Elkins, Arkansas approves the Agreement attached hereto as Exhibit “A” by and between NWA LD, LLC and the Mayor and City Clerk are authorized to execute the Agreement. Section 2: The Moratorium instituted on November 17, 2016, Resolution No. 2017-12 and Resolution No. 2018-5 are hereby repealed and the Moratorium is lifted subject to the execution of Agreement referred to herein by both parties.
Section 3: The City Council of the City of Elkins hereby authorizes the Mayor of the City of Elkins to take all actions necessary to enter into the Agreement and lift the Moratorium as set forth herein.
PASSED and APPROVED this __19th___ day of _____April_____, 2018
Bruce Ledford, Mayor
Delia Foster, City Clerk and Treasurer