HomeMy WebLinkAbout6281ORDINANCE NO, b281
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLEX TO ENTER INTO A
LEASE AGR]WENT BY AND BEPW'M THE CITY OF LITTLE ROCK AS LESSOR AND
M. M. ESERTS POST NWEB ONE, AMERICAN LEGION, AS LESSEE, TO CERTAIN
PRC.PFRTY NOW OWNED BY THE CITY OF LIT'T'LE ROCK; AND FOR O'TEM PUMOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCS, AMNSAS
SECTION. 1. The Mayor and City Clerk are hereby authorized to enter
into and execute a lease to the M. M. Eberts Post Number One, American Legion
upon the following described property located in Pulaski Caunty, City of
Little Rock, State of Arkansas, to -wits
F
A tract of land running 300 feet east and west beginning at the
east property line of Main Street and at the north property line
of the Missouri Pacific Railway tracks and running thence east
300 feet, thence north to the river bank, thence west down said
river bank to the east property line of Actin Street, thence
south to the point of beginning,.
SECTION 2. The consideration to be raid by the lessee to the lessor
shall be the sum of ONE DOLLAR (4,151.00) per year, payable in advance on the
first day t -f September in each year. Said lease small be dRted September 1, 19419
and shall ran for a period of ninety -nine (99) years from the date of excution.
SECTION 3. The above lease to be made for the further consideration
of the lessee paying all taxes and special assessments, whether now levied or
which may hereafter be levied or assessed. Said te.xes to be paid -ben daze.
Said lease shall further provide that all repairs which are necessary to keep
the premises in as good condition as they are now, shall be made at the expense
of the lee-see, damages caused by powers beyond the control of lessee excluded.
The lessee shell have the right and option to beautify, improve and build on
the premises subJect to proper permit of the lessor.
SECTION 4. ifhereas, the M. M. Eberts Post Number One, Amerie-Pn Legion,
being a benevolent association dedicated to the betterment of veterans of the
World War and general citizenship of the City of Little Rock, and whereas said
association desires to expand its facilities, and °vhereas it would be for the
benefit of the peace, health and safety of the citizens of Little Rock that
such expansion be promptly made, an emergency is therefore declared to exist
and this erdinauce shall be in full force an3 effect from and after its passage.
Pt,aar.D: beptember 6, 1941
Ai'TLaT •
L City Clerk. fj i��ayor.
Veto sustained September 22,19L
J, `
VETO MESSAGE ORDINANCE #6281
Regardless of my high opinion of the American legion I
cannot, in justice to the City of Little Rock, sign the Ordinance passed
by the Council to lease to the American Legion for 99 years at one dollar
a year, the property involved. I therefore, return it to the Council with
my veto.
The property involved is along the Arkansas River bank from
Main to Scott Streets and north of the railroad right of way to the Ark-
ansas River. It is therefore 300 feet from east to west and just about the
depth of an average city lot from north to south. It contains just about
half of a city block, or nearly six full lots.
The property in my opinion is valuable. It can be easily
reached by automobile down north Scott Street. An overpass walk -way
could easily be constructed over the railroad tracks to the property from
the driveway east of the Main Street Bridge. The west end of the property
is but a little more than a block from Main and Markham Streets.
There has been what is called the "Show Boat" operating in the
river from this property. I believe the property has many advantages as
a recreation and amusement location. The property is now being used for
parking many cars.
It is in this property that the waters of the Arkansas touch
the rock for which the City was named. I cannot agree to give away this
historic landmark.
Pope's Digest, Section 9583: "Unlawful to give away municipal
property. It shall be unlawful for any official or employee of any
municipal corporation in this State to furnish or give to any person,
persons, concerns or corporations any property belonging to the said
municipal corporation or service from any public utility owned or operated
by said municipal corporation unless payment is made therefor to said
municipal corporation at the usual and regular rates and in the usual
manner, except as provided in -9582 Id. #2.11
Section 9582 applies only to gratis street car transportation.
Section 9584 provides penalty for violation of Acts.
-2-
Veto: Ord. 6281 (Cont.)
It may be said that this is a lease not a gift. The City of
Little Rock was incorporated in 1831 or 110 years ago. This lease is
for 99 years, or nearly as long as Little Rock has been a City. Should
we actually give the property away, the Assessor would put it on the
tax books. The City's part of the tax would surely be more than X1.00
a year. The "Show Boat" paid the City this year x:50.00 which would equal
receipts from the lease for fifty years.
The City needs all its assets and all its property. Via must
remember that we still have a $30,000 floating debt; that our monthly
expenditures are high, and that we have many employees not receiving a
living wage. We cannot carry on the City's business on a 41.00 a year
lease on valuable property. We may have a legal right to make this lease,
but I do not believe that we have a moral right.
Believing the lease to be a bad deal for the City, I hereby
veto Ordinance #6281.
Respectfully submitted,
&14 , Cl�
w
September 11, 1941 Charles E. Moyer, Mayor. �/