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Home My WebLink About15707 1 RESOLUTION NO. 15,707 2 3 A RESOLUTION TO AUTHORIZE THE USE OF EMINENT DOMAIN ON 4 THE VALENTINE STREET DRAINAGE PROJECT AND THE 5 BRIARWOOD DITCH PHASE 2 PROJECT, IN THE CITY OF LITTLE 6 ROCK,ARKANSAS; AND FOR OTHER PURPOSES 7 8 WHEREAS, attempts to acquire all of the right-of-way, Permanent Construction Easements and 9 Temporary Construction Easements necessary for the construction of Valentine Street Drainage 10 Improvement Project, located south of Markham Street and west of Valentine Street, and the Briarwood 11 Ditch Phase 2 Project, located northeast of Sun Valley Road, have been unsuccessful in spite of attempts 12 by staff to contact and negotiate the purchase at or above Fair Market Value; and, 13 WHEREAS, staff has successfully acquired other parcels necessary to complete the project and will 14 continue to acquire the necessary property and easements without the use of eminent domain wherever 15 possible. 16 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 17 OF LITTLE ROCK,ARKANSAS: 18 Section 1. The City Manager and City Attorney are hereby authorized to use eminent domain to 19 complete acquisition of right-of-way, Temporary Construction Easements and Permanent Construction 20 Easements necessary for construction of the Valentine Street Drainage and Briarwood Ditch Phase 2 21 Projects(Ward 3)as shown on the plans for right-of-way acquisition. 22 Section 2. Funding for these projects are available from 3/8-Cent Capital Improvement Sales and 23 Compensating Use Tax and the Limited Tax General Obligation Capital Improvement Bonds for Streets 24 and Drainage as previously authorized by Resolution No. 14,803. 25 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 26 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 27 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 28 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 29 resolution. 30 Section 4. Repealer. All laws,ordinances, resolutions,or parts of the same,that are inconsistent with 31 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 32 ADOPTED: June 21,2022 33 [Page 1 of 2] 1 ATT APPROVED: 2 3 /11111/A, 4r ey, • Clerk Frank Scott,Jr., or 5 APPR 1 I AS T O LEGAL FORM: 6 7 AL • �► . 8 Thomas M.Carpenter,City Mt, rney 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 2]