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1 RESOLUTION NO. 11,015
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3 A RESOLUTION TO STATE THE INTENT OF THE BOARD OF
4 DIRECTORS NOT TO FINANCE ANY INFRASTRUCTURE
5 IMPROVEMENTS SET FORTH IN LITTLE ROCK, ARK.,
6 ORDINANCE NO. 18,456 (APRIL 3, 2001), AN ORDINANCE TO
7 MODIFY A PLANNED COMMERCIAL DEVELOPMENT FOR A
8 PROJECT KNOWN AS THE SUMMIT MALL; AND FOR OTHER
9 PURPOSES.
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11 WHEREAS, the Board has passed an ordinance to modify a previously granted
12 planned unit development commonly referred to as The Summit Mall, and
13 WHEREAS, Section 4(F) of this ordinance imposed a requirement that before final
14 development plan approval, and the issuance of a building permit, assurances had to be
15 made that certain infrastructure improvements would be completed by the opening of the
16 Summit Mall, and
17 WHEREAS, one of the ways to provide such assurance is for the City to undertake,
18 as a part of its budget process, the construction of all or part of the improvements, and
19 WHEREAS, the City does not wish to mislead the public, nor the developer of The
20 Summit Mall, about its intentions on this issue,
21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
22 OF THE CITY OF LITTLE ROCK, ARKANSAS:
23 Section 1. The intent of the Board of Directors is to assure that no City general
24 funds, general obligation bond proceeds, revenue bond proceeds, or sales and compensating
25 use tax revenues, are spent to accomplish the infrastructure improvements set forth in
26 Section 4(G) of the Little Rock, Ark., Ordinance No. 18,456 (April 3, 2001), which
27 approved the modification of a planned commercial development for a project generally
28 known as The Summit Mall.
29 Section 2. It is further the intent.of the Board of Directors that before any monies
30 received as proceeds from any general obligation bond issue, or any revenue bond issue,
31 issued pursuant to Amendments 62 or 65 to the Arkansas Constitution, are ever used for
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1 such infrastructure improvements, that there must be a specific reference in the ballot title to
2 the specific improvements listed in Section 4(F) of Little Rock, Ark., Ordinance No. 18,456
3 (April 3, 2001), and that in no event shall monies from a general ballot title question, or
4 ordinance or addendum listing of projects, for the general category of "Street
5 Improvements," or similar language, ever be used for the construction of these
6 improvements as long as the ordinance is still in full force and effect.
7 Section 3. Severabiltty. In the event any title, section, paragraph, item, sentence,
8 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
9 unconstitutional, such declaration or adjudication shall not affect the remaining portions of
10 the resolution which shall remain in full force and effect as if the portion so declared or
11 adjudged invalid or unconstitutional was not originally a part of the resolution.
12 Section 4. Repealer. All laws, resolutions, and parts of the same, that are
13 inconsistent with this resolution are hereby repealed to the extent of such inconsistency.
14 ADOPTED: April 3, 2001
15 ATTEST: APPROVED:
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18 Nan Wood ity Clerk
19 APPROVED AS TO LEGAL FORM:
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Thomas M. Carpenter, City Wttorney
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