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10165Z\� _ 1 2 3 4 5 00 6 a 7 i 8 v 9 roo 10 11 C 12 13 14 v 15 0.,16 p 17 v 18 419 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 = M • RESOLUTION NO. 10 1 A RESOLUTION TO ESTABLISH A CITY POLICY FOR THE USE OF REVENUES REALIZED FROM THE SALE OR RENTAL OF CITY PROPERTIES HELD EXCLUSIVELY IN THE NAME OF THE CITY, OR HELD IN THE NAME OF THE CITY FOR FOR THE USE AND BENEFIT OF ITS BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES. Short Title "A policy for the use of revenues from the sale or lease of City property" WHEREAS, the City holds title of numerous parcels of property either exclusively in the name of the City, or in the name of the City for the use and benefit of a particular board or commission, and WHEREAS, from time to time these properties are leased to other individuals or entities, or these properties are sold, and WHEREAS, some of the properties held for the benefit of a board or commission are sometimes leased for purposes, such as telecommunications towers, that have nothing to do with the operation of the board or commission, and WHEREAS, some of the properties held for the benefit of a board or commission are deemed surplus or no longer needed by that board or commission and, as a result, are sold, and WHEREAS, there is no uniform policy in place as to what should be done with the monies realized from such sale or lease and, the -Board of Directors wishes to establish a uniform policy, NOW, THEREFORE, BE IT RESOLVED 'BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. Policy. Except as set forth below, all monies realized from the sell or lease of properties, buildings, structures, or improvements in - 1 - 03 I the name of the A of Little Rock, Arkansas, eitoon its on behalf or on 2 behalf of one of its boards and commissions, shall be paid into the general 664 3 fund of the City of Little Rock, Arkansas. 4 Section 2. Agreements contrary to policy are null and void. Any 5 lease, deed, transfer, contract for sale, or option to sale or purchase property 6 executed after the effective date of this resolution that does not provide that 7 the monies shall be paid to the City general fund shall be deemed null and 8 void, provided that any such document for which the sale, lease, or transfer 9 was pending on the effective date of this resolution may be excepted from 10 these provisions if the Board of Directors expressly authorized such exemption 11 in the form of an ordinance or resolution particularly describing the property 12 in question, the instrument being exempted, and the amount of money 13 involved in the transaction. 14 Section 3. ESeception for bonded indebtedness. 15 (a) The provisions of this resolution shall not apply to any revenues 16 that are already expressly pledged, or are necessarily encumbered, as part of 17 the security for any existing bonded indebtedness in the form of general 18 obligation or revenue bond issues approved by the governing body of the City. 19 (b) The provisions of this resolution shall not apply to any future 20 revenues pledged as part of the security for bonded indebtedness in the form 21 of general obligation or revenue bond issues approved by the governing body 22 of the City if there is within the bond documents an express reference that 23 such revenues may be pledged as security for the bonds. 24 Section 4. Applicability. 25 (a) This policy shall apply to all properties being sold by the City 26 whether held in the name of the City on its own behalf, or also on behalf of 27 one of its boards and commissions. 28 (b) This policy shall apply to all properties, lands or structures being 29 leased, whether held in the name of the City on its own behalf, or also on 30 behalf of one of its boards and commissions. -2- 1 2 3 4 5 6 7 8 9 10 Section 5. `mpatibility with state law. (a) Airport Commission. The City is aware that as long as the airport commission is in place revenue from the lease of certain structures, buildings, or lands, at the airport only be used for the expansion, maintenance, or operation of the airport pursuant to Ark. Code Ann. § 14- 360 -313 (Michie 1987), as may hereafter be amended. This resolution shall not apply to the revenues realized from the lease of these structures, buildings or lands unless there is a change in state law or appropriate federal regulations, or the Commission is abolished and made a department of the City. 11 (b) Port Authority. This policy shall not apply to property held by 12 the City on behalf of the Port Authority so long as any revenues realized from 13 the sale or lease of such lands, structures, or buildings, are used to improve 14 the infrastructure or operations of the Port, or to further economic 15 development opportunities within the Port. 16 Section 5. Severability. In the event any title, subtitle, section, 17 subsection, subdivision, paragraph, subparagraph, item, sentence, clause, 18 phrase, or word of this resolution is declared to adjudged to be invalid or 19 unconstitutional, such declaration or adjudication shall not affect the 20 remaining portions of the resolution which shall remain in full force and effect 21 22 23 24 25 26 27 28 29 30 31 as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this resolution. Section 6. Repealer. All laws and parts of laws in conflict with the policy set forth in this resolution, which may be repealed by resolution, are hereby repealed to the extent of any such conflict or inconsistency. ADOPTED: December 16, 1997 ATTEST: APPROVED: a a Q &44, -U C-k- Robbie Hancock, City Clerk IBM Ji Dailey, Mayor X67 1 APPROVED AS TAEGAL FORM: 2 3 'Pe* -afA� c 4 Thomas M. Carpenter, CitkAttorney 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 -4-