HomeMy WebLinkAbout49-71 RESOLUTIONre 44414
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RESOLUTION NO. 44LT/
A RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF EASEMENTS
IN CERTAIN LANDS IN WASHINGTON COUNTY, ARKANSAS, FOR USE IN CONSTRUC-
TION, OPERATION AND MAINTENANCE OF WATER FACILITIES AND APPURTENANCES
THERETO.
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WHEREAS, the City of Fayetteville, Arkansas, is prepared to
proceed with plans for the construction of water facilities on
Old Wire Road east of Old Missouri Road and on PumpStation Road and
Morningside Drive (City Lake Road) and for the construction of
sewer facilities to serve the bottling companies in the vacinity
of Township Road and Johnson Road, and
WHEREAS, the construction, operation and maintenance of said
water and sewer facilities necessitates rights-of-way and easements
over certain lands in Washington County, Arkansas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That for the purposes of construction, operating
and maintaining the water and sewer facilities together with all
appurtenances thereto described above, the City Attorney be and
he hereby is authorized and directed to institute condemnation
proceedings to acquire said easements and right-of-ways.
Section 2. Provided, that both before and after such eminent
domain proceedings are initiated every reasonable effort be made
to acquire the necessary property rights by negotiation.
Section3. That if the necessary property rights are not
obtained by negotiation, the questions in controversy in such
proceedings are likely to retard the progress of said construction,
and the City Attorney is further authorized and directed to petition
the Court for permission to provide appropriate deposits with the
Registry of the Court for making compensation and payment of damages,
in order that immediate possession of said lands may be secured and
construction proceed prior to assessment and payment of damages.
PASSED AND APPROVED THIS --jiaxt. day of
9ainej
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1971.