14391I RESOLUTION NO. 14,391
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3 A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN ON
4 THE PINE VALLEY ROAD AT MCKINLEY STREET ROUNDABOUT
5 INTERSECTION IMPROVEMENT PROJECT; AND FOR OTHER
6 PURPOSES
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8 WHEREAS, attempts to acquire some of the right-of-way, permanent construction easements, and
9 temporary construction easements necessary for the construction of the Pine Valley Road at McKinley
10 Street Roundabout Project, Project No. B -3c, has been unsuccessful, and
11 WHEREAS, staff has successfully acquired or have agreements on three (3) of the four (4) parcels
12 necessary to complete the project and will continue to acquire the necessary property and easements
13 without the use of eminent domain 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, temporary construction easements and permanent construction
18 easements necessary for construction of the Pine Valley Road at McKinley Street Roundabout 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 Sales and Compensating Use Tax as authorized by
22 Resolution No. 13,699 and as amended by Resolution No. 14,269.
23 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
24 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 with
29 the'provisions of this resolution, are hereby repealed to the extent of such inconsistency.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.
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ADOPTED: August 2, 2016
APPROVED:
Mark Stodola, Mayor
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I APPRO D AS TO LEGAL FORM:
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4 Thomas M. Carpenter, City Attorne
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