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PRESENTED 10-21-2015 12 4043 PM RECORDED 10-21-201501 03 17 PM
in_Oflicial Records of Larry Crane Circuit/County Clerk
1 RESOLUTION NO. 14,222PULASKI CO,AR FEE$20.00
2
3 A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN
4 ON WARD 6 IMPROVEMENT PROJECTS FOR 44TH STREET, POTTER
5 STREET AND MALLOY STREET; AND FOR OTHER PURPOSES
6
7 WHEREAS, attempts to acquire some right-of-way, permanent construction easements, and
8 temporary construction easements in Ward 6 that are necessary for the construction of for 44th Street
9 (Project No. B-6d), Potter Street (Project No. 6-7a) and Malloy Street (Project No. 6-2) Improvement
10 Projects have been unsuccessful due to a lack of response from the owners or refusal to grant easements;
11 and
12 WHEREAS, staff has successfully acquired through market offers and negotiations all other
13 easements and right-of-way necessary to construct the projects without the use of eminent domain.
14 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
15 OF LITTLE ROCK,ARKANSAS:
16 SECTION 1. The City Manager and City Attorney are hereby authorized to use eminent domain to
17 complete acquisition of right-of-way, temporary construction easements and permanent construction
18 easements necessary for construction of the 44t1 Street, Potter Street and Malloy Street Improvement
19 Projects as shown on the plans for right-of-way acquisition.
20 SECTION 2. Funding for these projects are available from the 3/8-Cent Capital Improvement and
21 Compensating Use Tax and the 2013 Capital Improvement Bonds for Streets and Drainage as authorized
22 by Resolution No. 13,699.
23 SECTION 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase,
24 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
25 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
26 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
27 resolution.
28 SECTION 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
29 with the provisions of this resolution,are hereby repealed to the extent of such inconsistency.
30 SECTION 5. This resolution will be in full force and effect from and after the date of its adoption.
31 ADOPTED: October 20,2015
32 ATT j: APPROVED. o�` ��33 IV
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ley,City Clerk Mark Stodola,Mayor IF 1rfr � , d,
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1 APPRO D AS TO LEGAL FORM:
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4 Thomas M. Carpenter, City Attorney 1
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