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136091 2 3 4 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 RESOLUTION NO..13,609 A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A LEASE OF CERTAIN PROPERTY OWNED BY DELTIC TIMBER CORPORATION FOR THE CITY'S EMERGENCY COMMUNICATIONS SYSTEM TOWER AND RELATED EQUIPMENT; TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AND ACCEPT A RELATED TEMPORARY CONSTRUCTION EASEMENT WITH DELTIC TIMBER CORPORATION; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock is in the process of upgrading its emergency communications system, which is proposed to include a new communications tower on certain property on Shinall Mountain owned by Deltic Timber Corporation; and WHEREAS, Deltic Timber Corporation is willing to enter into a fifteen (15) -year lease of the parcel of Shinall Mountain property with the City and to provide the City with a temporary construction easement, if accepted by the City, needed for the construction and assembly of the new communications tower. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. The Mayor and City Clerk are authorized to execute and enter into a lease substantially in the form attached as Attachment A, subject to further advice and counsel of the City Attorney, for certain property on Shinall Mountain owned by Deltic Timber Corporation more particularly described in the lease, for the placement of an emergency communications tower and related equipment. Section 2. The Mayor and City Clerk are authorized to execute and accept a temporary construction easement substantially in the form attached as Attachment B, subject to further advice and counsel of the City Attorney, for certain Shinall Mountain property. Section 3. The Mayor, City Clerk and City Manager are authorized to execute any other documents with Deltic Timber Corporation needed for the successful installation of the new emergency communications tower and related equipment on Shinall Mountain. Section 4. 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 [Page 1 of 21 1 2 3 4 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 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution. Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution are hereby repealed to the extent of such inconsistency. ADOPTED: December 4, 2012 City Clerk 3 TO LEGAL FORM: 5-'� ax Thomas M. Carpente , City torney // // // // // // // // // // // // // // // // // // // // APPROVED: Mark Stodola, Mayor (Page 2 of 21