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RESOLUTION AUTHORIZING THE SALE OF THE ARMORY PROPERTY TO THE ARKANSAS NATIONAL GUARD
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WHEREAS: under date of September 20, 1939, the City of Jonesboro conveyed to the State of Arkansas, for the use and benefit of the Arkansas National Guard, a certain plot of land, hereinafter described, to be used as an armory site, by deed duly recorded in Deed Book 106, at page 632 in the Circuit Clerk and Recorder’s office in Jonesboro; and in said Deed it was stated that said land would revest in the City of Jonesboro when it ceased to be used by the National Guard as an armory “Provided further that the State of Arkansas may have the option to purchase the same from the City of Jonesboro, Arkansas, at the time it shall cease to be used on an armory for Two Thousand Dollars free of this condition;” and
WHEREAS, The Adjutant General of the Arkansas National Guard has indicated to the City of Jonesboro his intention to discontinue use of the land involved as an armory and exercise the option given to the State of Arkansas in the aforesaid Deed, and has implemented this indication by tendering to the City of Jonesboro a State of Arkansas Warrant in the amount of $2000.00. receipt for such has been signed by the City Clerk of the City of Jonesboro and placed of recorded in Miscellaneous Record 4 at page 151 in the Recorder’s office in Jonesboro; and
WHEREAS, the City Attorney for the City of Jonesboro has, without the knowledge or consent of the City Council, obtained possession of the aforesaid State Warrant and returned it to the Adjutant General with a letter undertaking to reject or delay exercise of the State’s option to purchase the land involved and informing the Adjutant General, contrary to express policy established and pronounced by the City Council in its Resolution dated Jonesboro 23, 1961, that “a number of persons connected with the City still believing that acquisition of that site for City purposes in most desirable;” and
WHEREAS, under the provisions of Section 19-1011, Ark. Stat. 1947, the City Council is vested withal powers of “management and control of finances, and all property, real and personal” belonging to the City; and under the provision of Section 19-1015, Ark. Stat. 1947, the City Attorney has only those powers and duties specifically assigned to him through Ordinance by the City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Jonesboro, Arkansas, in regular meeting assembled:
SECTION 1: That the offer of the Adjutant General of the Arkansas National Guard, acting for and on behalf of the State of Arkansas, to exercise the option granted the State to purchase from the City of Jonesboro the following land, to-wit:
A rectangular strip of land lying 120 feet deep along the east side of Carson Street; and the west 52 ½ feet of Lot 29 of Cobb’s Survey of the SW SE Section 18, T 14N, R4E should be and it is hereby recognized and honored; should be and it is hereby recognized and honored; and the Adjutant General should be and he is hereby invited to complete payment of the $2000.00 consideration by transmitting his State Warrant to the City Treasurer of the City of Jonesboro.
SECTION 2: That the City Attorney of the City of Jonesboro should be and he is hereby ordered and directed to rescind his unauthorized letter of February 7, 1961, addressed to the Adjutant General.
PASSED and ADOPTED this 20th day of February, 1961.