21588 1 ORDINANCE NO.21,588
2
3 AN ORDINANCE TO GRANT A FRANCHISE AGREEMENT TO DUKE
4 ENERGY FOR SMART MEDIA, LLC, FOR THE PLACEMENT OF A
5 CITYPOSTTM SMART KIOSK WITH DIGITAL WAYFINDING ON WEST
6 MARKHAM STREET NEAR THE INTERSECTION OF SOUTH MAIN
7 STREET; TO DECLARE AN EMERGENCY; AND FOR OTHER
8 PURPOSES.
9
10 WHEREAS, on March 26, 2017, the Mayor of the City of Little Rock, Arkansas ("the City"),:and
11 Smart Media, LLC, executed a Memorandum of Understanding ("the Smart City MOU") to permit the
12 placement of CityPostTM Kiosks within the City of Little Rock that will make digital smart market channel
13 broadcasts and provide a Wi-Fi hot spot at these locations; and,
14 WHEREAS, the first kiosk is soon the be placed near the Statehouse Convention Center on West
15 Markham Street near the intersection with Main Street,as more fully shown on Exhibit A to this ordinance;
16 and,
17 WHEREAS,the Smart City MOU requires that a Franchise Agreement be obtained for each location,
18 and that each such Franchise be added as an exhibit to the Smart City MOU;
19 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
20 OF LITTLE ROCK,ARKANSAS:
21 Section 1. Duke Energy operating through Smart Media, LLC, located at 54 West 40th Street, New
22 York, New York, is hereby granted a Franchise pursuant to the Smart City MOU for the location more
23 specifically described in Exhibit A to this ordinance for the placement of a CityPostTM Smart Kiosk.
24 Section 2. This ordinance,by agreement of the parties,shall become Exhibit No. 1 to the Smart City
25 MOU entered into on March 26,2017.
26 Section 3. This Franchise shall be subject to the terms and conditions of the City's Utility Relocation
27 Policy as currently set forth,or as may be later amended,in Little Rock,Ark.,Rev.Code§§2-350 to 2-357
28 (1988).
29 Section 4. It is further understood that this franchise is not perpetual and may be revoked by the City
30 in the future as appropriate.
31 Section 5. In the event that any title, section,paragraph, item,sentence,clause,phrase,or word of this
32 ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall
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1 not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion
2 so declared or adjudged invalid or unconstitutional was not originally part of the ordinance.
3 Section 6. All ordinances,resolutions,by-laws, and other matters inconsistent with this ordinance are
4 hereby repealed to the extent of such inconsistency, provided that this ordinance is not intended,nor shall
5 it be construed as to any part,to repeal any part the levying provisions of the Prior Tax Ordinances referred
6 to above,but only to expand and otherwise clarify them.
7 Section 7. Severability. In the event any title, subtitle, section, subsection, subdivision, paragraph,
8 subparagraph,item,sentence,clause,phrase,or work of this ordinance is declared or adjudged to be invalid
9 or unconstitutional,such declaration or adjudication shall not affect the remaining portions of the ordinance
10 which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitu-
11 tional was not originally a part of this ordinance.
12 Section 8. Repealer. All ordinances, resolutions, or parts of the same that are inconsistent with the
13 provisions of this ordinance are hereby repealed to the extent of such inconsistency.
14 Section 9. Emergency Clause. It has been found, and it is hereby declared, that the ability of the City
15 to provide CityPostTM Smart Kiosks to enable greater use of technology within the City by citizens and
16 visitors is essential to the public health, safety and welfare; an emergency is, therefore, declared to exist
17 and this ordinance shall be in full force and effect upon its passage after the expiration of ten (10)days that
18 the ordinance and exhibit have been on public display at the direction of the City Clerk..
19 PASSED: June 19,2018
20
21 /
22 swim/;. 1\.
23 I;an l. . pty Clerk Mark Stodola,Ma or
24 APPRO. 4 D TO LEGAL FORM:
25
26 A-41024^St v�
27 Thomas M.Carpenter,City Attorn
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