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ORDINANCE. 18, A 4 4
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3 AN ORDINANCE TO APPROPRIATE $500,000 TO CONSTRUCT
4 TWO PEDESTRIAN WALKWAYS ACROSS MAIN AND 7TH
5 STREET IN THE DOWNTOWN AREA; TO AUTHORIZE THE CITY
6 MANAGER TO ENTER INTO AN OPERATING AGREEMENT
7 WITH THE DONAGHEY FOUNDATION FOR THE
g MAINTENANCE OF THESE WALKWAYS; TO DECLARE AN
9 EMERGENCY; AND FOR OTHER PURPOSES.
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11 WHEREAS, the State of Arkansas intends, in association with the George W.
12 Donaghey Foundation, to create a State Urban Campus in downtown Little Rock
13 which consist of various structures in the vicinity of Seventh and Main Streets, and
14 WHEREAS, one of the structures contiguous to and integral with this campus
1s is the historic Donaghey Building located at the corner of Seventh and Main Street, and
16 WHEREAS, the City desired to preserve this historic structure, but realized that
17 the cost of the project without City participation in the creation of skywalk walkways
18 across Seventh Street and across Main Street was such that preservation might not be
19 possible, and
20 WHEREAS, a skywalk is simply an elevated sidewalk and pedestrian way which
21 connects public buildings, eases the flow of pedestrian traffic, helps to protect this public
22 traffic from the elements and, therefore, constitutes a public purpose, and
23 WHEREAS, the skywalk pedestrian ways will be built within the public right -of-
24 way, but will be maintained and operated by the George W. Donaghey Foundation,
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
26 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
27 Section 1. The sum of five hundred thousand dollars ($500,000.00) is hereby
28 appropriated from the interest earnings of the 1998 Infrastructure Bond Account, an
29 Amendment 65 Revenue Bond, to be used for the purpose of paying the construction
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1 costs for two pedestrian skywalks that will connect structures of the State of Arkansas
2 Urban Campus in downtown Little Rock, and more specifically, which will cross Main
3 Street, and will cross Seventh Street, in order to accomplish this purpose.
4 Section 2. Funds for this appropriation are currently available in Account No.
5 304 - 220 -B -106.
6 Section 3. The City Manager is authorized to enter into an appropriate
7 operation and maintenance agreement with the Donaghey Foundation, in a form
s approved by the City Attorney, which shall more fully set forth the terms and conditions
9 for the operation and maintenance of the two skywalk pedestrian ways to be financed
to with this appropriation, will more fully identify the legal description for the location of
11 these skywalk pedestrian ways, and will assure that the City shall not be responsible for
12 the costs set forth in this agreement as long as the agreement is in place.
13 Section 4. Severability. In the event any title, section, paragraph, item,
14 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
15 or unconstitutional, such declaration or adjudication shall not affect the remaining
16 portions of the ordinance which shall remain in full force and effect as if the portion so
17 declared or adjudged invalid or unconstitutional was not originally a part of the
is ordinance.
19 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that
20 are inconsistent with the provisions of this resolution are hereby repealed to the extent
21 of such inconsistency, provided that this ordinance and any resulting operation
22 agreement shall be read in conjunction with, and supplementary to, any franchise
23 agreements that have been previously granted for the placement of the skywalk
24 pedestrian ways identified above.
25 Section 6. Emergency. The ability to preserve the historic Donaghey Building in
26 downtown Little Rock, to more completely serve the citizens of Arkansas, and the City, by the
27 construction and operation of a State Urban Campus, to revitalize the downtown area, and to
28 facilitate the necessary construction schedules to accomplish all of these matters, is essential to the
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public health, safety and welfare; an emergency is, therefore, declared to exist, and this ordinance
shall be in full force and effect from and after the date of its passage.
ADOPTED: March 6, 2001
ATTEST: APPROVED:
�//nu/ l �Z
Nan Woot , _
City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City ttorney
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4 Ji ailey, Mayor