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11134I RESOLUTION NO. 11,134 2 A RESOLUTION TO AUTHORIZE NEGOTIATIONS BETWEEN 3 THE CITY AND THE WILLIAM JEFFERSON CLINTON 4 PRESIDENTIAL FOUNDATION FOR THE LEASE OF PROPERTY 5 IN THE WILLIAM JEFFERSON CLINTON PRESIDENTIAL PAW - 6 AND FOR OTHER PURPOSES. 7 8 WHEREAS, on November 7, 1997, the City learned that President and Senator 9 Clinton had selected Little Rock as the future site for the William Jefferson Clinton 10 Presidential Library and Museum, and 11 WHEREAS, the City concluded that it would create an urban park that could be the 12 site of this library, and to that end adopted Little Rock, Ark., Resolution No. 10,123 13 (November 7, 1997), to declare an intent to establish the Clinton Presidential Park Zoning 14 District, and 15 WHEREAS, the City also noted that it would begin acquiring property for a park at 16 the site of the Clinton Presidential Library, and to that end adopted Little Rock, Ark., 17 Resolution No. 10,125 (November 7, 1997), which announced this intent and declared a 18 moratorium on development, and 19 WHEREAS, the City noted in Little Rock, Ark., Resolution No. 10,136 (November 20 18, 1997), that it was committed to the creation of a Clinton Presidential Park, and 21 WHEREAS, the City subsequently adopted a series of resolutions that authorized 22 the purchase or condemnation of individual parcels as part of the Clinton Presidential 23 Park, and 24 WHEREAS, the funds for the creation of this park were made possible by a Parks & 25 Recreation revenue bond issued pursuant to Amendment 65 to the Arkansas Constitution, [PAGE 1 OF 31 0 0 1 and authorized by the passage of Little Rock, Ark., Ordinance No. 17,690 (March 17,1998), 2 and 3 WHEREAS, in addition to the foregoing legislative actions, the City adopted a Little 4 Rock Parks & Recreation Master Plan which also expressly shows the Clinton Presidential 5 Park as part of the City park system as noted in Little Rock, Ark., Ordinance No. 18,528 6 Quly 17, 2001), and 7 WHEREAS, under Arkansas law a municipality cannot lease lands dedicated to 8 park purposes without engaging in a formal competitive bidding process as set forth in 9 Ark. Code Ann. §§ 14- 169 - 101(5); - 103(a) (Michie Repl. 1998) and § 22-4- 501(2) (Michie to Repl. 1996), and 11 WHEREAS, in strict compliance with state law the City advertised its desire for 12 requests for proposals in Bid No. 01 -297 for the lease of property in the Clinton 13 Presidential Park, and in addition also published this advertisement in the Arkansas 14 Democrat - Gazette, even though it does not have the City contract for the advertisement of 15 such notices, and 16 WHEREAS, one response to the request was received from the William Jefferson 17 Clinton Presidential Foundation, and after a review of this response it was determined that 18 a qualified proposal had been submitted, and 19 WHEREAS, a committee selected to review this proposal has recommended that 20 the City enter into negotiations with the William Jefferson Clinton Presidential Foundation 21 on the terms and conditions of a lease agreement for use of the land in the Clinton 22 Presidential Park, 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 24 THE CITY OF LITTLE ROCK, ARKANSAS: 25 Section 1. The City Manager is authorized to enter into negotiations with the 26 William Jefferson Clinton Presidential Foundation for a lease agreement, approved as to 27 legal form by the City Attorney, for the use of property located within the William [PAGE 2 OF 31 0 0 1 Jefferson Clinton Presidential Park, provided that the term of such lease shall not exceed 2 the period of time authorized by Arkansas law. 3 Section 2. Severability. In the event any title, section, paragraph, item, sentence, 4 clause, phrase, or word of this resolution is declared or adjudged to be invalid or 5 unconstitutional, such declaration or adjudication shall not affect the remaining portions 6 of the resolution which shall remain in full force and effect as if the portion so declared or 7 adjudged invalid or unconstitutional was not originally a part of the resolution. 8 Section 3. Repealer. All laws and parts of laws are hereby repealed to the extent 9 of such inconsistency. to ADOPTED: October 2, 2001 li ATTEST: APPROVED: 12 13 14 Nar wood, City Clerk J' ailey, Mayor 15 APPROVED AS TO LEGAL FORM: 16 17 18 19 20 21 22 23 24 25 26 27 28 Thomas M. Carpenter, Cit Attorney H H H H H H H H H H [PAGE 3 OF 31