11031RESOLUTION NO. 11,031
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3 A RESOLUTION TO AUTHORIZE THE BOARD OF TRUSTEES OF
4 THE MUSEUM OF DISCOVERY, INC., TO DECIDE IF AND WHEN
5 TO CANCEL A LEASE WITH LITTLE ROCK NEWSPAPERS, INC.;
6 TO DECLARE THE BOARD'S INTENT TO INCLUDE THIS
7 AUTHORITY WITHIN THE TERMS OF THE LEASE; TO
8 AUTHORIZE CITY OFFICIALS TO EXECUTE ANY NECESSARY
9 DOCUMENTS TO EFFECT THIS AUTHORIZATION, AND FOR
10 OTHER PURPOSES.
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12 WHEREAS, the City has entered into a long term lease arrangement with Little
13 Rock Newspapers, Inc. ( "LRNI ") for space in the Terminal Building to be used by the
14 Museum of Discovery, Inc. ( "the Museum "), and this lease is a manifestation of the
15 generosity and support of LRNI and Mr. Walter Hussman and family, since the lease is
16 provided at essentially no annual cost to the City, and
17 WHEREAS, from time to time it is appropriate for the Museum to seek funding
18 from various charitable and philanthropic foundations which require, as a condition for
19 any such funding, some assurance that the Museum will have control over its location
20 for an appropriate period of time, and
21 WHEREAS, the City Board of Directors endorses and supports such efforts, and
22 wishes to do all that it can to facilitate the award of such grant applications,
23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
24 THE CITY OF LITTLE ROCK, ARKANSAS:
25 Section 1. The City of Little Rock, Arkansas, shall not exercise any options to
26 terminate its lease agreement with LRNI at the Terminal Building in the Rivermarket
27 area for a period of 40 lease years from the adoption of this resolution without the
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1 express written approval of the Arkansas Museum of Science and History Board of
2 Trustees (otherwise known as the Museum of Discovery, Inc.). By the term "40 lease
3 years," the Board of Directors means the balance of the year 2001, and a 40 -year period
4 thereafter, with the first year of this period to commence on January 1, 2002.
5 Section 2. The City of Little Rock, Arkansas, further states its intent that the
6 covenant set forth in Section 1 of this Resolution is one that can be communicated to any
7 charitable or eleemosynary institution to which the Museum wishes to make
8 application for appropriate educational and museum related grants of support, or
9 grants in aid.
10 Section 3. The City of Little Rock, Arkansas, further states its intent that the
11 provisions of Section 1 should, in the absence of an intervening cause such as fire, war,
12 natural disaster, or acts of God, remain in full force and effect for the balance of the
13 City's interest in this lease agreement with LRNI.
14 Section 4. Upon the acceptance of this delegation of responsibility by the
15 Museum Board of Trustees, the City shall cooperate in any necessary changes or
16 modifications to the terms of the current lease agreement, as amended; further, the
17 Board of Directors authorizes all necessary and appropriate City officials to execute any
18 documents, approved as to legal form by the City Attorney, as may be required to
19 memorialize the provisions and intent of this Resolution.
20 Section 5. Notwithstanding the foregoing provisions, the City Board of
21 Directors reserves the right to withdraw such authority if a final decision from a court
22 of competent jurisdiction determines:
23 (a) That the Museum, acting through the policies of its Board of Trustees,
24 delegated or otherwise, has engaged in intentional discrimination against
25 any person on the basis of race, age, sex, creed, national origin or
26 disability and, such discrimination is directly related to the property
27 identified in the lease agreement; or
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(b) That the terms of this Resolution, as may be memorialized in any
subsequent amendment to the lease between the City and LRNI, violates
the provisions of the Arkansas Constitution, or Arkansas law, and are,
therefore, not enforceable.
Section 6. Severability. In the event any title, section, paragraph, item,
sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid
or unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the resolution which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
resolution.
Section 7. Repealer. All laws and parts of laws are hereby repealed to the
extent of such inconsistency.
ADOPTED: March 20, 2001
ATTEST: APPROVED:
Nan Wood, ty Clerk
APPROVED AS TO LEGAL FORM:
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Thomas M. Carpenter, Ciq Attorney
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J Dailey, Mayor
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