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RESOLUTION NO. •37— 7o
A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF EASEMENTS IN CERTAIN LANDS
IN WASHINGTON COUNTY, ARKANSAS: FOR USE IN CONSTRUCTION, INSTALLATION AND MAINTENANCE
OF A 12 INCH TRANSMISSION_LINE AND DISTRIBUTION MAINS, EDA PROJECT #08-1-00760 AND
APPURTENANCES THERETO.
WHEREAS, the City of Fayetteville, Arkansas, is in the process of constructing
EDA Project #08-1-00760, necessitating rights of way and easements over certain lands
in Washington County, for construction, installation and maintenance of a 12 inch
Transmission Line and Distribution Mains, being constructed under said project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTE-
VILLE, ARKANSAS:
SECTION 1. That for the purpose of constructing, installing and maintaining
(and as more fully set forth in the contract documents) a 12 inch Transmission Line
and Distribution Mains, and all appurtenances thereto, pursuant to EDA Project
#08-1-00760, the necessary easements and rights of way in all lands in connection
with said project be entered upon and taken by eminent domain, and the City Attorney
is hereby authorized and directed to institute condemnation proceedings to acquire
said easements and rights of way in the manner required by law in the event that such
grants are not negotiated.
SECTION 2. That as the questions in controversy in such proceedings are likely
to retard the progress of said construction, the City Attorney is further authorized
and directed to petition the Court for permission to provide an appropriate deposit
with the registry of the Court for making compensation and payment of damages, in
order that immediate possession of said easements and rights of way may be secured
and construction proceed prior to assessment and payment of damages.
PASSED AND APPROVED THIS /1 1-rday of March, 1970.
APPROVED:
Ofrit McFERRAN, VICE -MAYOR
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ATTEST:
VIRGImr.A THROCKMORTON ACTING CITY CLERK '
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