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85711 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. 8.571 A RESOLUTION AMENDING RESOLUTION 7,728 AND 7,752, TO PERMIT THE ASSIGNMENT OF A FRANCHISE PREVIOUSLY GRANTED TO THE METROCENTRE IMPROVEMENT DISTRICT TO USE THE AIR SPACE ABOVE PART OF THE RIGHT -OF -WAY IN THE 100 BLOCK OF EAST SIXTH STREET, BETWEEN SCOTT AND MAIN STREETS, FOR THE PURPOSE OF AN ENCLOSED SKYWALK, AND FOR OTHER PURPOSES- 0 WHEREAS, by Little Rock, Ark., Resolution No. 7,728 (February 17, 1987) ( "LRR ") granted a franchise to Metrocentre Improvement District No. 1 ( "Metrocentre") to use the air space of the right -of -way above Sixth Street for the purpose of building a skywalk; and WHEREAS, this franchise was amended by LRR 7,752 (April 7, 1987), to extend the term; and WHEREAS, the City has learned that there is an interest in permitting Metrocentre to assign this franchise to third parties; and WHEREAS, the City has an interest in assuring that this franchise be for an operational skywalk. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. LRR 7,728, as amended by LRR 7,752, is hereby amended to add the following Section 3: Section 3. It is understood that this franchise may be assigned without prior approval of the Board of Directors, provided, that any assignee understand that this franchise is for the purpose of accommodating a skywalk above and across the 100 block of East Sixth Street and that either failure to use '424 Q4l E3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 the franchise in this fashion, or failure to maintain the skywalk in a condition acceptable to the City, or both, may at the City's option lead to the cancellation of this franchise and the requirement that the skywalk be removed. SECTION 2. All resolutions and parts of resolutions inconsistent with this resolution are hereby repealed to the extent of such inconsistency. SECTION 3. This resolution shall be in full force and effect from and after the date of its adoption. ADOPTED: September 17, 1991 ATTEST: APPROVED AS TO FORM: ATTORNEY CITY M � °$25