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HomeMy WebLinkAbout135712012063599 Received: 10/3/2012 12:31:50 PN Recorded: 10/03/2012 12:42:21 PM Filed & Recorded in Official Records of Larry '.rane, PULASKI COUNTY CIRCUIT /COUNTY CLERK Fees $20.00 1 RESOLUTION NO. 13,571 2 3 A RESOLUTION TO AUTHORIZE USE OF EMINENT DOMAIN ON 4 THE SCOTT HAMILTON IMPROVEMENT PROJECT; AND FOR 5 OTHER PURPOSES. 6 7 WHEREAS, attempts to acquire some right -of -way, permanent construction easements, and 8 temporary construction easements necessary for the construction of the Scott Hamilton Improvement 9 Project, have been unsuccessful due to title problems or lack of response from the owner; and, 10 WHEREAS, efforts will continue to acquire the necessary property without the use of eminent 11 domain; 12 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 13 OF LITTLE ROCK, ARKANSAS: 14 Section 1. The City Manager and City Attorney are hereby authorized to use eminent domain to 15 complete acquisition of right -of -way, temporary construction easements and permanent construction 16 easements necessary for construction of the project as shown on the Arkansas Highway and 17 Transportation Department approved plans for right -of -way acquisition. 18 Section 2. Funding for this project is available from Federal Transportation Improvement Project 19 funds at the following Federal participating ratios: Federal Share 80% - City Match 20 %. 20 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 21 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 22 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 23 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 24 resolution. 25 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with 26 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 27 Section 5. This resolution will be in full force and effect from and after the date of its adoption. 28 ADOPTED: September 1, 2012 29 30 31 32 33 34 ATTTiCT APPROVED: Mark W Ln [Page 1 of 21 COuN'TM j 1 `P````� I APPROVED AS TO LEGAL FORM: 2 4 Thomas M. Carpenter, Ci Attorney 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 21