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130121 RESOLUTION NO. 13,012 2 3 A RESOLUTION TO CONSENT TO THE ASSIGNMENT TO THE CHENAL 4 CIRCLE PROPERTY OWNERS ASSOCIATION OF A FRANCHISE FOR 5 CONSTRUCTION AND MAINTENANCE OF A BUILDING IN THE PUBLIC 6 RIGHT -OF -WAY ORIGINALLY GRANTED TO DELTIC FARM & TIMBER 7 COMPANY, INCORPORATED; AND FOR OTHER PURPOSES. 8 9 WHEREAS, on February 20, 1990, the City Board of the City of Little Rock approved Little Rock, 10 Ark. Resolution No. 8,261 that granted a franchise to Deltic Farm & Timber Company, Incorporated to 11 use a part of the public right -of -way for placement of an information center adjacent to No. 1 Chenal 12 Circle (the "Franchise "); 13 WHEREAS, Deltic Farm & Timber Company, Incorporated, now known as Deltic Timber 14 Corporation, desires to assign its interest under the Franchise to the Chenal Circle Property Owners 15 Association and its successors and assigns; and 16 WHEREAS, this Resolution is presented for the purpose of acknowledging the consent of the City of 17 Little Rock to such assignment; 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 19 OF LITTLE ROCK, ARKANSAS: 20 Section 1. The assignment to the Chenal Circle Property Owners Association and its successors and 21 assigns of the Franchise granted in favor of Deltic Timber Corporation, formerly known as Deltic Farm & 22 Timber Company, Incorporated, as set forth in Resolution No. 8,261 approved February 20, 1990, is 23 hereby approved and confirmed, subject to the conditions set forth hereinafter. 24 Section 2. The City's consent to assignment of the Franchise is conditioned upon the assignment by 25 the original Franchisee, Deltic Timber Corporation, to the successor Franchisee, Chenal Circle Property 26 Owners Association, and the assumption by the Chenal Circle Property Owners Association, and its 27 successors and assigns, of all of the terms, conditions, obligations, responsibilities and duties of the [PAGE 1 of 2] RESOLUTION Consent to the Assignment to the Chanel Circle Property Owners Association of a Franchise for Construction and Maintenance of a Building in the Public Right -of -Way Originally Granted to Deltic Farm & Timber Company, Incorporated I Franchisee as set forth in Resolution No. 8,261, a copy of which is attached hereto as Exhibit "A" and 2 made a part hereof. 3 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 4 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 5 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 6 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 7 resolution. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 4. Repealer. All laws and parts of laws inconsistent with the provisions of this resolution are hereby repealed to the extent of such inconsistency. ADOPTED: August 18, 2009 APPROVED: 'e�& 41"� Mark Stodola, Mayor . APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Att ney // // // // // RESOLUTION Consent to the Assignment to the Chanel Circle Property Owners Association of a Franchise for Construction and Maintenance of a Building in the Public Right -of -Way Originally Granted to Deltic Farm & Timber Company, Incorporated [PAGE 2 of 2]