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14789 1 RESOLUTION NO. 14,789 2 3 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO USE 4 EMINENT DOMAIN ON THE CHATEAUS LANE IMPROVEMENT 5 PROJECT; AND FOR OTHER PURPOSES 6 7 WHEREAS, attempts to acquire one of the right-of-way, Permanent Construction Easements, and 8 Temporary Construction Easements necessary for the construction of the Chateaus Lane Improvement 9 Project, has been unsuccessful in spite of attempts by staff to contact and negotiate the purchase at or 10 above Fair Market Value. 11 WHEREAS, staff has successfully acquired other parcels necessary to complete the project and will 12 continue to acquire the necessary property and easements without the use of Eminent Domain wherever 13 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 the construction of the Chateaus Lane (Ward 7) Improvement Project as shown 19 on the plans for right-of-way acquisition. 20 Section 2. Funding for these projects are available from the 3/8-Cent Capital Improvement Sales and 21 Compensating Use, Tax as authorized by Resolution No. 14,310, and is available from Special Project 22 Activities TS7B 110 (Chateaus). 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resolutions, or parts of the same, that are inconsistent with 29 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 30 ADOPTED: June 5,2018 / 31 Ari APPROVE/: 32 ` . , / 33 ./ iiil 11/Lli Avr4/ 34 'usan City Clerk M rk Stodola,Mayor [Page 1 of 2] 1 APPRO r1/4 AS TO LEGAL FORM: 2 3 I / A 4 Thomas M. Carpenter,City • ttorney 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 // [Page 2 of 2]