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1 ORDINANCE NO. 17,672
2
3 AN ORDINANCE AMENDING AND RESTATING A
4 FRANCHISE TO CAPITOL AVENUE DEVELOPMENT
5 COMPANY, A LIMITED PARTNERSHIP, AND ITS
6 SUCCESSORS AND ASSIGNS, TO USE THE AIR SPACE
7 ABOVE PART OF THE RIGHT -OF -WAY AT THE
8 INTERSECTION OF WEST SIXTH AND SPRING STREETS,
9 CITY OF LITTLE ROCK, ARKANSAS, FOR THE PURPOSE
10 OF CONSTRUCTION, ERECTION, MAINTENANCE,
11 OPERATION AND REPAIR OF AN ENCLOSED SKYWALK.
12
13 WHEREAS, on June 19, 1984 the Little Rock Board of Directors passed Little Rock,
14 Ark. Ordinance No. 14,691 ( "LRO ") granting a franchise to Capitol Avenue Development
15 Company to use the air space above the street intersection of West Sixth and Spring Streets;
16 and
17 WHEREAS, LRO 14,691 did not expressly state that the franchise to use the air space
18 over public right -of -way would continue in the event of an assignment or transfer of the
19 franchise right by the grantee, Capitol Avenue Development Company; and
20 WHEREAS, Capitol Avenue Development Company is in the process of refinancing
21 its real property and improvements which are benefitted by the franchise, and it is, therefore,
22 necessary to clarify the rights granted under the franchise; and
23 WHEREAS, the Little Rock Board of Directors desires to clarify and state its intent
24 by this ordinance that the franchise granted by LRO 14,691 may be assigned in perpetuity as
25 long as it exists and as long as the grantee of the franchise shall construct, operate and maintain
26 the structures in compliance with City codes and ordinances.
27 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
28 OF THE CITY OF LITTLE ROCK, ARKANSAS:
29 SECTION 1. This Ordinance amends and restates LRO 14,691 in its entirety.
30 SECTION 2. A franchise is hereby granted from the City of Little Rock, Arkansas to
31 Capitol Avenue Development Company, A Limited Partnership, and to its successors and
32 assigns in perpetuity, to use part of the air space above the intersection of West Sixth and
33 Spring Streets, Little Rock, Arkansas, approximately twelve (12) feet wide, twenty (20) feet
34 high and eighty -five (85) feet long, totaling approximately thirty -seven thousand four hundred
35 (37,400) cubic feet, for a skywalk whose lowest elevation will be no less than twenty -two (22)
36 feet above the highest grade of the intersection between the building and parking decks located
i�
I on Blocks 105 and 93, Little Rock, Arkansas (collectively, the "Property ").
2 SECTION 3. The structures permitted by this franchise shall be constructed, erected,
3 maintained, repaired and operated in strict compliance with all City codes, ordinances and
4 regulations for the life of the franchise.
5 SECTION 4. This ordinance shall be in full force and effect from and after its passage
6 and shall benefit and run in favor of all future owners of the Property and their successors and
7 assigns.
8
9 PASSED: February 10, 1998
10 APPROVED:
ATTEST:
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13 ROBBIE HANCOCK MICHAEL KECK
CITY CLERK VICE MAYOR
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15 APPROVED AS TO FORM:
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17 �THSOMAS M. CARPEN
18 CITY ATTORNEY
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