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14281 1 RESOLUTION NO. 14,281 2 3 A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN ON 4 THE 36TH AND SHACKLEFORD ROAD IMPROVEMENT PROJECT; 5 AND FOR OTHER PURPOSES 6 7 WHEREAS, attempts to acquire some right-of-way, Permanent Construction Easements, and 8 Temporary Construction Easements necessary for the construction of the 36th Street and Shackleford 9 Road from Dover Drive to Old Shackleford, Project No. 13-6-100, has been unsuccessful due to a lack of 10 response from one(1)property owner; and 11 WHEREAS, staff has successfully acquired all other parcels necessary to complete the project and 12 will continue to acquire the necessary•property and easements without the use of eminent domain 13 wherever possible. 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, Permanent Construction Easements, and Temporary Construction 18 Easements necessary for construction of the 36t1i Street and Shackleford Road Improvement Project as 19 shown on the plans for right-of-way acquisition. 20 SECTION 2. Funding for this project is available from 2013 Capital Improvement Bonds for Streets 21 and Drainage and the 3/8-Cent Capital Improvement and Compensating Use Tax Funds as authorized by 22 Resolution No. 13,699 and amended by Resolution 14,269. 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resolutions, or parts of the same, that are inconsistent 29 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 30 SECTION 5.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: February 2,2016 32 ATTE T: APPROVE I: 33 1441 34 mii..10 v ' ' 35 i�. ley,City Clerk Mark odola,Mayor [Page 1 of 2] 1 APPROVED AS TO LEGAL FORM 2 , t 444. 3d l 4 Thomas M. Carpenter, Attor/y 5 // 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2 of 2]