1157822003089476
• Filed 09/03/2003 Recorded i11 AM
Filed 8 Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
11,578 CIkCUIT /COUNTY CLERK.
es 132.00
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3 A RESOLUTION TO AUTHORIZE ENTRY INTO AN INTERLOCAL
4 AGREEMENT WITH PULASKI COUNTY, ARKANSAS, THE CITY OF
5 NORTH LITTLE ROCK, ARKANSAS, AND THE PULASKI COUNTY
6 BRIDGES PUBLIC FACILITIES BOARD , FOR THE USE OF THE
7 JUNCTION BRIDGE; AND FOR OTHER PURPOSES.
9 WHEREAS, the Junction Bridge was donated to the City of Little Rock,
10 Arkansas, by the Union Pacific Railroad, and
11 WHEREAS, the City of Little Rock has undertaken efforts with Pulaski County,
12 the Pulaski County Bridges Public Facilities Board, and the City of North Little Rock, to
13 oversee the design, construction and use of various bridges over the Arkansas River,
14 and
15 WHEREAS, the City of Little Rock, the City of North Little Rock, and Pulaski
16 County, have received funds from the Arkansas State Highway and Transportation
17 Department to convert the Junction Bridge to a pedestrian bridge, and
18 WHEREAS, Ark. Code Ann. § 25 -20 -201 to —108 (Michie Repl. 2002 ) provides for
19 governmental entities to enter into interlocal agreements to accomplish certain
20 purposes,
21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
22 THE CITY OF LITTLE ROCK, ARKANSAS:
23 Section 1. The Mayor and City Clerk are authorized to execute an interlocal
24 agreement with Pulaski County, Arkansas, the Pulaski County Bridges ePublic °Facilities
4a.
25 Board, and the City of North Little Rock, Arkansas, in a form sulasanl' ally t�hkrsaPrle as
C�
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26 that attached as Exhibit A to this resolution.
[Page 1 of 91
Resolution to authorize interlocal agreement •�U'. � y eo
for the Junction Bridge development • a a� e
°•�0O°c aB eeaese
I Section 2. Severability. In the event any title, section, paragraph, item,
2 sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid
3 or unconstitutional, such declaration or adjudication shall not affect the remaining
4 portions of the resolution which shall remain in full force and effect as if the portion so
5 declared or adjudged invalid or unconstitutional was not originally a part of the
6 resolution.
7 Section 3. Repealer. All laws and parts of laws inconsistent with the
s provisions of this resolution are hereby repealed to the extent of such inconsistency.
9 PASSED: August 19, 2003
to ATTEST: APPROVED:
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12 _74famw ale
13 Na cy Woof, City Clerk Jim ailey, Mayor
14 APPROVED AS TO LEGAL FORM:
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17 Thomas M. Carpenter, City Xttorney
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[Page 2 of 91
Resolution to authorize imerlocal agreement
for the Junction Bridge development
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3 INTERLOCAL AGREEMENT
4 This Agreement is entered into as of this day of , 2003, by
5 and between Pulaski County, Arkansas (the County) and the cities of Little Rock and
6 North Little Rock (the Cities), and the Pulaski County Bridges Public Facilities Board
7 (Public Facilities Board), pursuant to the authority of ARK. CODE ANN. § §25 -20 -101 et
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seq., and will become binding on all parties upon ratification by the Quorum Court,of
9 Pulaski County, the Board of Directors of Little Rock, and the City Council of North Little
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Rock.
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WITNESSETH:
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WHEREAS, the City of Little Rock has acquired the Junction Bridge ('Bridge ")
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and the rights -of -way at the north and south ends of said bridge for public use, including
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use for pedestrian walkways between the Cities; and,
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WHEREAS, the County and the Cities have received funds from the Arkansas
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Highway and Transportation Department to convert the Junction Bridge to a pedestrian
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bridge; and,
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WHEREAS, the Pulaski County Bridge Public Facilities Board was created by
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Ordinance No. 02 -OR -27 of the Pulaski County Quorum Court for the purposes of
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overseeing the construction and design of bridges in Pulaski County
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WHEREAS, the County, the Cities, and the Public Facilities Board desire to
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23 enter into a contractual agreement whereby resources are pooled to assist in the
24 renovation, operation, maintenance, and enhancement of said Bridge.
25 AGREEMENT
D!OON.MENTS AND SETTINGS'dCAIITENTERILOGL SETTINGS ITENIFORARY INTEkNET FILES 01-L IJSBCONT. DOC
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27 EXHIBIT A: INTERLOCAL AGREEMENT
[Page 3 of 91
Resolution to a.thmi. ioterlocal apfeemcnt
for the)unaion Bridge development
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3 IT IS THEREFORE hereby agreed that:
4 ARTICLE I.
5 BASIC TRANSACTION
6 1.1 Acquisition of Property. The Junction Bridge, which was acquired by the
7 City of Little Rock through donation, shall be transferred to the Public Facilities Board
g for public use. That in exchange for said transfer, the Public Facilities Board will provide
9 insurance on the property, maintain said property, and oversee the conversion of said
10 property. The County will continue to serve as the lead agency on the grant from the
11 Arkansas Highway and Transportation Department. The ownership of the rights -of -way
12 at the north and south ends of the bridge shall be retained by the City of Little Rock.
13 (Exhibits A and B)
14 1.2 Costs of Acquisition and Maintenance. The County and the Cities shall
15 share equally in any costs associated with the transfer and maintenance of the
16 property, including specifically, but not limited to:
17 (a) renovation, operation, routine maintenance, and enhancement costs;
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(b) matching funds of $250,000.00 and the one percent (1 %) administrative
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fee required by the grant from the Arkansas Highway and Transportation
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Department;
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(c) costs of indemnification and defense of any claims, costs, liabilities,
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expenses (including, without limitation, court costs and attorney fees), or
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demands of any nature whatsoever or source for any defects or
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environmental problems, latent or obvious, discovered or undiscovered, in
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D'AOCL SSELT$ AND SETTINGS=kRPENFEk1L0CAL SETTINGS`TENPORARV INTERSET FILES10LIU6BUSBCONT.DOC
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[Page 4 of 9]
Reaolmien to auihorix InSealocal agreement
for the Junction Bridge development
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the Property being conveyed;
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(d) any expense necessary to bring the property into compliance for
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dedication to public use, including, but not limited to, street improvements;
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drainage; plan approvals; design; architectural, engineering, and planning
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services; related surveys and map preparation; licensing fees; and similar
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matters.
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1.3 Control. The Cities and County agree that the Pulaski County Bridge
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Public Facilities Board, will oversee and control the renovation, operation, maintenance,
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and enhancement of the Bridge. In addition, the Cities and County agree the Public
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Facilities Board will oversee and control renovation, operation, maintenance, and
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enhancement of the rights -of -way located at the north and south ends of the bridge.
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Because the Junction Bridge is a key link between the development of the
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riverfronts and the downtown redevelopment on both sides of the Arkansas River, the
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parties mutually agree that the Public Facilities Board should:
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a. Confer with the County Judge and the Mayors of Little Rock and North
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Little Rock regarding naming rights;
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b. Confer with the County and Cities on final bridge design and construction
21 plans;
22 C. Confer with the Planning and Parks Departments of both cities regarding
23 the design for the Bridge and its approaches;
24 d. Confer with the Main Street Argenta and the Downtown Partnership to
25 insure complimentary design with the community, prior to final design,
O DONMEVTSMDSET NGSSCA ESiERIL CALSETTINGS.TE.MMO RYIGTE0.CET%LE' -0LR208USBCO, lWC
26 hn pin¢d 6'N.003 IOMAM
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[Page 5 of 9]
Resolution to authorise interlocal agreement
for the Junction Bridge development
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through a public process;
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e. Confer with the Clinton Presidential Library Foundation, on a yearly basis
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to insure coordination of development with the Rock Island Bridge;
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f. Confer with the County Judge and the Mayors of Little Rock and North
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Little Rock if a dispute arises that cannot be resolved by the Board; and
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g. Provide an annual report to the Pulaski County Quorum Court, the Little
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Rock Board of Directors and the North Little Rock City Council.
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ARTICLE 2
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DURATION
12 2.1 Duration. The duration of this agreement shall be 20 years, subject to
13 extension by agreement of the parties.
14 2.2 Non - appropriation. Notwithstanding anything contained in this Agreement
1s to the contra ry, if the appropriate city or county governmental body fails to appropriate
16 funds for subsequent periods within the terms of the Agreement, that entity shall not be
17 obligated to make payments beyond the then - current fiscal appropriation period
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provided that once an appropriation is made, the entity is obligated to provide funds for
19 that appropriation period.
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ARTICLE 3.
21 MISCELLANEOUS
22 3.1 Time is of the Essence. Time is of the essence of this Agreement.
23 3.2 Reverter. In the event this agreement should terminate, all property
24 conveyed under this agreement shall revert to the ownership and control of the
29 conveying party.
26 0'(O UMENTS AN DSEMNW.TCA"EpTERNL CALSETTINGSITEMPORARV INTERNET FILMOLV IeNSBCONT 1W
ls,p ud 61:41:003 1030 AM
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[Page 6 of 9]
Resolution to authorize inlerlocal agreement
for the function Bridge development
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3.3 Entire Agreement. This instrument and the attached exhibits constitute the
entire Agreement between the Buyer and the Seller and there are no agreements,
understanding, warranties or representations except as set forth herein.
3.4 Governing Law. This Agreement has been signed and delivered in, and the
rights of the parties hereunder shall be governed by and construed in accordance with
the laws of the State of Arkansas.
Executed this day of
PULASKI COUNTY
13 F. G. Villines, III,
County Judge
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CITY OF NORTH LITTLE ROCK
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16
OX
CITY OF LITTLE ROCK
Jim Dailey,
Mayor
PULASKI COUNTY BRIDGE
PUBLIC FACILITIES BOARD
17 by: by:
Patrick Henry Hays, Billie Ann Myers,
18 Mayor Chair
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20 Exhibit A
21 Part of the Northwest quarter of Section 2, T -1 -N, R -12 -W, and also part
22 of block 145 of the original city of Little Rock, Pulaski County, Arkansas, more
particularly described as follows:
23 Commencing at the Southeast corner of Lot 3, Block "A" of Popes
24 Addition to the City of Little Rock, Pulaski County, Arkansas; thence, North
47 018'18" West a distance of 130.36 feet to the point of beginning; thence,
25 South 87 °20'06" West a distance of 109.70 feet to a point; thence, North 37 °05'
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[Page 7 of 9]
Resolution to authorize intedoeal agreement
for the function Bridge developme,u
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East a distance 95.50 feet to a point; thence, North 01010'32" East a distance
25.51 feet to a point; thence, south 88 037'22" East a distance of 22.44 feet to a
point; thence, South 00 °17'33" East a distance of 24.77 feet to a point; thence,
South 24000' East a distance of 78.50 feet to the point of beginning and
containing 5,557 square feet or 0.12 acres, more or less.
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Jan plle :WJ IO JO I \I
Resolution to authorize inlerlucal agreement
for the Juncti on Bridge development
[Page 8 of 91
Doc# 2003089476
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4 Exhibit B
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Parcel No. 1
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All of Lots 3, 4, 9, and 10 in Block 9 and all of Lots 3 and 4 in Block 2 of
7 the Original city of Argenta (now North Little Rock), Pulaski County, Arkansas.
8 Containing an area of 42,200 square feet, more or less.
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It .O UMEMS AND SETTNCSTCABFE.N EK'L CAL SMT G9TEMFORABY Ip'TERNET FILESIOLH]nB JSBCOXT. IW
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[Page 9 of 91
Besoluhon to authorize interlocal agreement
for the )unction Bridge development