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13153I RESOLUTION NO. 13,153 2 3 A RESOLUTION TO AUTHORIZE USE OF EMINENT DOMAIN ON THE 4 EAST 9TH STREET EXTENSION 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 East 9th Street Extension Project, 8 east of Bond Street, have been unsuccessful due to title problems; and 9 WHEREAS, efforts will continue to acquire the necessary property without the use of eminent 10 domain. 11 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 12 OF LITTLE ROCK, ARKANSAS: 13 Section 1. The City is hereby authorized to use eminent domain to complete acquisition of right -of- 14 way, temporary construction easements and permanent construction easements for this project. 15 Section 2. Funding for this project is available from EDA and State grants. 16 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 17 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 18 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 19 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 20 resolution. 21 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with 22 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 23 Section 5. This resolution will be in full force and effect from and after the date of its adoption. 24 ADOPTED: July 6, 2010 25 ATTEST: APPROVED: 26 28 san gle City Clerk Mark Stodola, Mayor 29 APPRO D AS TO LEGAL FORM: 30 31 hOUA-'Ot7 _ 32 Thomas M. Carpenter, City Attvney 33 // 34 35 //