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14276 1 RESOLUTION NO. 14,276 2 3 A RESOLUTION AUTHORIZING USE OF EMINENT DOMAIN ON THE 4 W STREET IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES 5 6 WHEREAS, attempts to acquire some right-of-way, permanent construction easements, and 7 temporary construction easements necessary for the construction of the W Street Improvement Project, 8 No. 13-3-19k, have been unsuccessful due to a lack of response from two(2)property owners; and 9 WHEREAS, staff has successfully acquired all other parcels necessary to complete the project and 10 will continue to acquire the necessary property and easements without the use of eminent domain 11 wherever possible. 12 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 13 OF LITTLE ROCK,ARKANSAS: 14 SECTION 1. The City Manager and City Attorney are hereby authorized to use eminent domain to 15 complete acquisition of right-of-way, temporary construction easements and permanent construction 16 easements necessary for construction of the project as shown on the plans for right-of-way acquisition. 17 SECTION 2. Funding for this project is available from 3/8-Cent Capital Improvement and 18 Compensating Use Tax Funds as authorized by Resolution No. 13,699. 19 SECTION 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, 20 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 21 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 22 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 23 resolution. 24 SECTION 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 25 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 26 SECTION 5. This resolution will be in full force and effect from and after the date of its adoption. 27 ADOPTED: January 19,2016 28 ATTEST• APPROVED: 29 �4 30 e_ �� 31 us ey,City Clerk Mark Stodola,Mayor 32 APPROVED AS TO LEGAL FORM: 33 34 /14,144,4-D ' 35 Thomas M. Carpenter, City Attornei