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21665 �``,��luuurrrrNrrr d```�``•��� CIRcU'P ' II�II�IIIIIIII�I�III�IIIIIIII 20180749 IIIIIIIIIII y ,� 21 n t 2 '� G PRESENTED:12-04-2018 03:20:26 PM .y9 c' RECORDED:12-04-2018 03:34:04 PM r`r -1 - h04ffi‘cical Records of Larry Crane CircuiUCounty Clerk ORDINANCE NO. ,AR FEE$30.00 - � •y-°�,1,��* y`t� ICO Ail ORDINANCE TO GRANT A FRANCHISE FOR THE USE OF CITY 4 RIGHT-OF-WAY TO PLACE A CITYPOSTTM SMART KIOSK AT 522 5 SOUTH MAIN STREET PURSUANT TO A MEMORANDUM OF 6 UNDERSTANDING REFERENCED IN LITTLE ROCK, ARK., 7 ORDINANCE NO.21,588(JUNE 19,2018); TO DIRECT THAT A COPY OF 8 THIS FRANCHISE AGREEMENT BE PLACED AS AN EXHIBIT TO THE 9 MEMORANDUM OF UNDERSTANDING;AND FOR OTHER PURPOSES. 10 11 WHEREAS, the City of Little Rock, Arkansas, authorized a Franchise Agreement to Duke Energy 12 for Smart Media, LLC, for the placement of a CityPostTM Kiosk pursuant in Little Rock, Ark., Ordinance 13 No. 21,588 (June 19,2018); and, 14 WHEREAS,the particular Franchise granted was near the intersection of West Markham Street and 15 South Main Street, and was pursuant to a Memorandum of Understanding executed by the Mayor of the 16 City of Little Rock,Arkansas, and Smart Media, LLC, on March 26,2017("Smart City MOU"); and, 17 WHEREAS,it was anticipated that additional such Franchises would become necessary in the future, • 18 and as the Board of Directors approved such a Franchise the specific Franchise would be made a new 19 exhibit to the Smart City MOU; and, 20 WHEREAS,a request has been made for such a Franchise to be located at 522 South Main Street. 21 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 22 OF LITTLE ROCK,ARKANSAS: 23 Section 1. Duke Energy operating through Smart Media, LLC, located at 54 West 40th Street, New 24 York, New York, is hereby granted a Franchise pursuant to the Smart City MOU for the location more 25 specifically described in Exhibit A to this ordinance for the placement of a CityPostTM Smart Kiosk. 26 Section 2. This ordinance,by agreement of the parties,shall become Exhibit No. 1.1 to the Smart City 27 MOU entered on March 26,2017. 28 Section 3. This Franchise shall be subject to the terms and conditions of the City's Utility Relocation 29 Policy as currently set forth,or as may be later amended, in Little Rock,Ark.,Rev. Code§§ 2-350 to 2-357 30 (1988). 31 Section 4. It is further understood that this Franchise is not perpetual and may be revoked by the City 32 as it, in the future, in its sole discretion deems appropriate. 33 Section 5. Severability. In the event that any title, section, paragraph, item sentence, clause, phrase, 34 or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or [Page 1 of 4] 1 Section 5. Severability. In the event that any title, section, paragraph, item sentence, clause,phrase, 2 or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 3 adjudication shall not effect the remaining portions of the ordinance which shall remain in full force and 4 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally part of the 5 ordinance. 6 Section 6. Repealer. All ordinances, resolutions, or parts of the same that are inconsistent with the 7 provisions of this ordinance are hereby repealed to the extent of such inconsistency. 8 Section 7. Emergency Clause. It has been found, and it is hereby declared, that the ability of the City 9 to provide CityPostTM Smart Kiosks to enable greater use of technology within the City by citizens and 10 visitors is essential to the public health, safety and welfare; an emergency is, therefore, declared to exist 11 and this ordinance shall be in full force and effect upon its passage after the expiration of ten (10)days that 12 the ordinance and exhibit have been on public display at the direction of the City Clerk 13 PASSED: December 3,2018 14 .:f!'��:r. : APPROVED: 15 �, / / , 16 L ` ;,... 17 n i 4T .ity Clerk Mark Stodola,Mayor Ii, 18 APPR D .• 0 LEGAL FORM: s 19 `'Gd9✓L `, r 20 �� ef X11._. 21 Thomas M. Carpenter,Ci Attor9e 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // [Page 2 of 4] 1 1 • /c t' DUKE ; �ENERGY. i { H , ISS0.E 9.019 81/27) 77y}S N 07/27)2018i I O I Z-Tr 1 Rea 5/31!2118 t ke9 89/141ZP8 7 I I C IJj 1 ... 11187(518 / < CD Q Il7 I ♦Q ,E:I01 II:01 Pc1E 1+ Il F (_ ...../ 4. ~~ M 0 ::- Gflror@Group pp ' 91 Fifth Avenue,7th Floor a W C/) Nen York NY 10003 T:(212)675-5122 Nj F:(212)6755123 `r1 W 6TH STREET _ '" -- 7; I ORA4V2l CC CHECK LL 103 Na 120442. _ 00.00VO SCALE AS NOTED / N/, \ SITE PLAN 1 ._.. .... _.._._�._..-.....-___ C i}!iFOR KIOSK 09 T11LE:5225 MAIM ST 1—, ti SITE PLAN �l c-w 114..9-0' ORAWLN0 LIT-09 PACETur 2 ti DUKE ,..:, ENERGY • I :47 r ISSLE WOE f RA Iwo CR/V/7018 TWA 09/31/2018 ,.,� 1 9 4911072118 ml 7 Rv+C 11141ter T �. r / := 57; 1 I K 1 -- 0 lfi3TiRL?{iY0117 ore 00 91 F(Ih Avenue,719 Floor Q1 •`f j Now York,NY 10003 ( T:(212)675-5122 F:(212)6755123 7 DRAM CC CRE I! = 120102 CR:LL \__._.____C1.11x C IR'.LL j ORAVS4C Arm E.A9 NOTED N , PLACEMENT PLAN • {/ems.. 1 FOR KIOSK 09 r '� `-'s j TIRE:522 S MAIN ST 1J sa:tir-1•.o- �' PARC 21>2 9