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13210I RESOLUTION NO. 13,210 2 3 A RESOLUTION TO AUTHORIZE USE OF EMINENT DOMAIN FOR 4 THE ACQUISITION OF REAL PROPERTY LOCATED AT 1110 WEST 5 8TH STREET, LITTLE ROCK, ARKANSAS, ON BEHALF OF 6 METROPOLITAN EMERGENCY MEDICAL SERVICES, FOR 7 EXPANSION OF THEIR OPERATIONS; AND FOR OTHER PURPOSES. 8 9 WHEREAS, Metropolitan Emergency Medical Services ( "MEMS ") is attempting to acquire 10 real property at 1110 West 81h Street, in Little Rock, Arkansas, for the purpose of expansion of 11 its operations; and 12 WHEREFORE, acquisition for the property is for a public purpose; however, MEMS does 13 not have the authority to condemn it; and 14 WHEREAS, the titleholder to the property is deceased; however, one (1) or more of the 15 heirs have agreed to accept the appraised value of the property; and 16 WHEREAS, an eminent domain action is necessary to give notice to all potential heirs and 17 obtain the best title to the real estate; 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 19 THE CITY OF LITTLE ROCK, ARKANSAS: 20 Section 1. The City is hereby authorized to use eminent domain in order to acquire the 21 property located at 1110 West 8th Street for the expansion of MEMS operations. 22 Section 2. Funding for the purchase of the property and the costs of the acquisition will be 23 provided by MEMS. 24 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, 25 phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such 26 declaration or adjudication shall not affect the remaining portions of the resolution which shall 27 remain in full force and effect as if the portion so declared or adjudged invalid or 28 unconstitutional were not originally a part of the resolution. 29 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are 30 inconsistent with the provisions of this resolution, are hereby repealed to the extent of such 31 inconsistency. [PAGE 1 OF 2] RESOLUTION To authorize use of eminent domain for acquisition for property for MEMS I Section 5. This resolution will be in full force and effect from and after the date of its 2 adoption. 3 ADOPTED: October 5, 2010 4 EST: 5 6 7 S san a ley, City Clerk 8 APPRO AS TO LEGAL FORM: 9 10 11 Thomas M. Carper ter, Ci tt rney 12 /! 13 14 15 16 17 18 19 // 20 !/ 21 // 22 23 !/ 24 25 26 27 // 28 29 // 30 31 32 !/ [PAGE2 OF 2] RESOLUTION To authorize use of eminent domain for acquisition for property for MEMS APPROVED: Mark Stodola, Mayor