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HomeMy WebLinkAbout15103 1 RESOLUTION NO. 15,103 2 3 A RESOLUTION TO AUTHORIZE THE USE OF EMINENT DOMAIN ON 4 THE MABELVALE PIKE AND GAMBLE ROAD IMPROVEMENT 5 PROJECTS; AND FOR OTHER PURPOSES. 6 7 WHEREAS, attempts to acquire all of the right-of-way, Permanent Construction Easements, and 8 Temporary Construction Easements necessary for the construction of Mabelvale Pike, from Helm Street to 9 Rich Smith Lane, and Gamble Road, from Arthur Lane to Kanis Road, Improvement Projects, has been 10 unsuccessful in spite of attempts by staff to contact and negotiate the purchase at or above Fair Market 11 Value;and, 12 WHEREAS, staff has successfully acquired other parcels necessary to complete the project and will 13 continue to acquire the necessary property and easements without the use of eminent domain wherever 14 possible. 15 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 16 OF LITTLE ROCK,ARKANSAS: 17 Section 1. The City Manager and City Attorney are hereby authorized to use eminent domain to 18 complete acquisition of right-of-way, Permanent Construction Easements and Temporary Construction 19 Easements necessary for construction of Mabelvale Pike (Ward 7) and Gamble Road (Ward 5) 20 Improvement Projects as shown on the plans for right-of-way acquisition. 21 Section 2. Funding for these projects are available from 3/8-Cent Capital Improvement Sales and 22 Compensating Use Tax and the Capital Improvement Bonds for Streets and Drainage as previously 23 authorized by Resolution No. 14,803. 24 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 25 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 26 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 27 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 28 resolution. 29 Section 4. Repealer.All laws, ordinances,resolutions, or parts of the same, that are inconsistent with 30 the provisions of this resolution,are hereby repealed to the extent of such inconsistency. 31 ADOPTE!. •vember 19,2019 32 A : APPROVED: 33 34 IN.A. 7 Q.-. Q„ 35 .usaCity Clerk Frank Scott,Jr.,Mayo , [Page I of 21 1 APPROVED AS TO LEGAL FORM: 2 3 0144244A-0-9 W 4 Thomas M. Carpenter,City Atto 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 21