1981 RESOLUTION NC. 1981
A RESOLUTION AUTHORIZING THE ARKANSAS LOUISIANA GAS COMPANY TO
LOWER THE LEVEL OF AN ALLEY .IN BLOCK 10, DODGE ADDITION; AUTHOR -
IZING A LEASE OF A PORTION OF SAID ALLEY TO THE ARKANSAS LOUISIANA
GAS COMPANY FOR THE CONSTRUCTION AND MAINTENANCE OF A RETAINING
WALL THEREIN; AND FOR Ct§ttlatniab000C OTHER PURPOSES.
WHEREAS, the alley running north and south between E. 15th
Street and E. 16th Street in Block 10, Dodge Addition to the City
of Little Rock, Arkansas, as shown on the plat of Dodge Addition
recorded in Plat Book AB at page 225 in the office of the Recorder
of Pulaski County, Arkansas, has never been opened as an alley and
is not now and has never been usable as a passageway or used as such,
and,
WHEREAS, the owners of the lots in said Block 10 have filed
a written petition with this Council requesting that it authorize
the Arkansas Louisiana Gas Company to lower and level the grade of
the alley at its own expense so that there will be a passageway
between E. 15th Street and E. 16th Street, and
WHEREAS, when the alley is thus lowered the property levels of
the south half of Lot 2 and Lots 3, 4, 5, and 6 will be substantially
above the alley level and in order to prevent washing, erosion, etc.
a retaining wall will be necessary to protect said lots, and,
WHEREAS, Arkansas Louisiana Gas Company is willing to erect
said wall at its own expense and the other property owners have agreed
thereto, and,
WHEREAS, all of the property owners have requested this Council
to authorize the execution of a long term lease in favor of Arkansas
Louisiana Gas Company of the West 4 feet of said alley beginning 4
feet north of the center line of the south half of Lot 2 and extending
southward to E. 16th Street to be used for the location, construction,
maintenance, and rebuilding, if necessary of said retaining wall, and,
WHEREAS, there has been submitted in connection with said petition
a proposed lease agreement in the following language :
"Lease Agreement
"This agreement is made and entered into on this day of
, 1953, by and between the City of Little Rock,
Arkansas, by its Mayor and fty Clerk as "Lessor" , and
Arkansas Louisiana Gas Company, a Delaware corporation
authorized to do and doing business in the State of Arkansas
with offices at 300 West Capitol, Little Rock, hereinafter
referred to as "Lessee'' ;
Witnesseth:
"1 . Lessor hereby leases to Lessee and Lessee hereby takes
by lease from Lessor the following described property located
in the City of Little Rock, Pulaski County, Arkansas, to-wit:
The West 4 feet of the property platted as an
alley in Block 10, Dodge Adition to the City
of Little Rock, beginning 4 feet north of the
center line of Lot 2, thence run south to East
16th Street .
XXXXXXXXXXXXXXXXXXXXXX7 XXXXX XXMXXXXXXXX XXXXXX
"2. The original term of this lease shall be for 25 years
commencing on the day of September, 1953 and terminating
at 12 o ' clock midnight on the day of September, 1978.
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"3. Lessee shall pay to Lessor at the office of the
City Collector, City Hall, Little Rock, Arkansas, rent
in the sum of One & no/100 Dollars ($1 .00) for each
calendar year during the term of this lease payable in
advance on the first day of each such calendar year
beginning on September _ , 1953 .
"4. Purpose of this base is to enable Lessee to con-
struct, maintain, repair, and rebuild a retaining wall
adjacent to the east property line of each lot abutting
on the alley beginning with the south half of Lot 2 and
including Lot 6 in said Bock 10.
"5. Lessee shall have the option of renewing this lease
for 15 additional periods of 5 years each, the first of
such periods tobegin on the expiration of the original
term herein granted and each successive period to begin
on the expiration of the period then in effect upon the
same terms and conditions as herein set forth and all of
said privileges of renewal shall be considered as having
been exercised unless Lessee gives Lessor notice in writing
at least 30 days prior to the expiration of the period then
in effect of its intention not to exercise such renewal
privilege.
"6. This agreement shall be binding upon the parties hereto
and upon their successors and assigns .
"In witness whereof, this lease has been executed for and
in the name of City of Little Rock by Pratt Remmel, Mayor,
and H. C. Graham, City Clerk, acting under the authority of
Resolution dated September , 1953 of the City Council
of the City of Little Rock, Arkansas, and for and in the name
of Arkansas Louisiana Gas Company by its Vice -President and
Secretary duly authorized by proper resolution of its Board
of Directors . "
and,
WHEREAS, the property covered by said lease has never been used
as an alley or passageway and will not be necessary as such and it is
to the best interest of the property owners in said block and to the
public generally that the alley be made passible at the expense of the
Arkansas Louisiana Gas Company and that the said retaining wall be built
and maintained by the Arkansas Louisiana Gas Company.
NOW,THEREFOREbe it resolved by the City Council of the City of
Little Rock, Arkansas, that the Mayor and City Clerk and Recorder of
the City of Little Rock, Arkansas, be and they are hereby authorized
to execute for and in the name and behalf of the City of Little Rock,
Arkansas, a lease in the form and terms set out above in favor of
Arkansas Louisiana Gas Company as lessee and to deliver said lease to
said lessee upon the payment of the stipulated rental for the first
year, and,
Be it further resolved that Arkansas Louisiana Gas Company be
and it is hereby authorized to lower and level at its own cost and
expense the alley running through Block 10, Dodge Addition to the
City of Little Rock, Arkansas .
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Be it further resolved that the Mayor and City Clerk and
Recorder be and they are hereby authorized to deliver a copy
of this resolution to Arkansas Louisiana Gas Company to
which they shall fix a certificate to the effect that it is a
true and correct copy of the resolution duly adopted by this
Council .
ADOPTED: September l .., 1953
ATTEST: APPROVED•
CITY CLERK MAYOR