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01/27/2004 Resolutions 2004-22 I I I RES 0 L UTI 0 N 2004-22 WHEREAS, Wal-Mart, Inc. (hereinafter "Walmart") has announced plans to construct a Walmart SuperCenter retail store to be located south of State Street and west of US. Highway 281; and WHEREAS, the City owns a 100- foot wide drainage ditch adj acent to such land being considered for the construction of such store; and WHEREAS, Walmart has requested a perpetual, exclusive license for unencumbered use of the City's land for Walmart's benefits, and the benefits of its successors and assigns; and WHEREAS, a Memorandum of Understanding has been reviewed and approved by the City Attorney setting out the intentions of both parties to negotiate in good faith for a License Agreement to allow W almartprivate use of the City's land. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Memorandum of Understanding between the City of Grand Island, W al- Mart Real Estate Business Trust, a Delaware statutory trust, and Wal- Mart Stores, Inc., a Delaware corporation, is hereby approved in accordance with the issues set out above. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Memorandum of Understanding on behalf of the City of Grand Island. Adopted by the City Council of the City of Grand Island, Nebraska, January 27,2004. RaNae Edwards, City Clerk City Council denied Resolution #2004-22 at their January 27, 2004 Council Meeting. Approved as to Form II January 22, 2004