1728ORDINANCE NO. 1728 (#12-2023)
AN ORDINANCE DECLARING THE EXERCISE OF EMINENT DOMAIN ON
CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF
JACKSONVILLE, ARKANSAS FOR ACQUISITION OF PUBLIC EASEMENTS AND
RIGHTS OF WAY FOR THE CONSTRUCTION AND DEVELOPMENT OF IMPROVED
PUBLIC WASTE WATER LINES FOR THE CONSTRUCTION PROJECTS ON
BEHALF OF JACKSONVILLE WASTE WATER; AND, FOR OTHER PURPOSES.
WHEREAS, despite extensive efforts on behalf of Jacksonville Waste Water to acquire
certain utility easements and rights of way across and through real properties owned by
Jacksonville BV, LLC for construction and improvement of public waste water lines and the
necessary ingress and egress, efforts to amicably resolve the parties' differences and secure the
required property easements and rights of way have failed. Immediate access to said real properties
as described below is required to construction, development, and relocation of public waste water
lines and the necessary ingress and egress for such construction projects on behalf of Jacksonville
Waste Water; and
WHEREAS, the need for immediate access to said easements and rights of way across and
through the real properties described below is required for the public purpose of construction and
r— development of said waste water line improvements and utility locations. Under authority granted
in ACA § 18-15-201 et. seq., the City Council of Jacksonville exercises its right of eminent domain
to obtain and condemn utility easements and rights of way across and through the real properties
described herein to provide adequate and required relocation of public waste water lines and the
necessary ingress and egress to such for the construction projects of Jacksonville Waste Water.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE
CITY OF JACKSONVILLE, ARKANSAS:
SECTION ONE: Access to the real properties described herein is hereby required by the
City of Jacksonville, Arkansas, by and through Jacksonville Waste Water, for public purposes of
providing adequate land for the relocation of public waste water lines and the necessary ingress
and egress to such for the purpose of construction projects of Jacksonville Waste Water.
An easement along the southern right-of-way line of Gregory Street,
located in the North Half (N 1/2) of the Northeast Quarter (NE 1/4)
of Section 19, Township 3 North, Range 10 West, City of
Jacksonville, Pulaski County, Arkansas. The permanent easement
shall have a total width of 15 feet and be 7 –1/2 feet on either side of
the line as constructed. The route of the sewer line is shown on the
attached Exhibit A subject to any difference between Exhibit A and
the as built sewer line. The temporary easement, existing permanent
easement and existing temporary easement are as shown on Exhibit
A, as recorded in Instrument Number 2021059112. The real
property is more fully described in Parcel Number 12JO270100100
of the Pulaski County, Arkansas Assessor's records.
ORDINANCE NO. 1728 (#12-2023)
Page Two
SECTION TWO: The City Council hereby authorizes the Mayor and City
Attorney to file the appropriate documents and pleadings necessary, together with posting
of the appraised value of the real property in question with the Circuit Court of Pulaski
County, Arkansas, so as to obtain immediate accessibility and privilege described herein
for the purposes to provide adequate land for the improved ingress and egress of public
water lines for the purpose of construction projects of Jacksonville Waste Water.
SECTION THREE: Should any of the part(s) of this Ordinance be declared invalid for
any reason, no other part(s) of the Ordinance shall be affected thereby.
SECTION FOUR: All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
ATTEST:
APPROVED AND ADOPTED THIS 18TH DAY OF MAY, 2023.
CITY OF JACKSONVILLE, ARKANSAS
JT ELMORE, MAYOR
APPROVED AS TO FORM:
SUSAN L. DA TY CLERK STEPHANIE FRIEDMAN, CITY ATTORNEY