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189541 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. PH 2003110469 10/22/2003 01:37:46 PH Filed 8 Recorded in Official Records of CAROLYN STALEY PULASKI COUNTY CIRCUIT /COUNTY CLERK Fees $26.00 AN ORDINANCE TO GRANT A FRANCHISE TO ARKANSAS BLUE CROSS AND BLUE SHIELD FOR AIR RIGHTS FOR A PEDESTRIAN SKYBRIDGE ABOVE GAINES STREET CONNECTING THE NEW ARKANSAS BLUE CROSS AND BLUE SHIELD PARKING STRUCTURE TO THE ARKANSAS BLUE CROSS AND BLUE SHIELD OFFICE BUILDING AND FOR A COLUMN ON THE EAST SIDE OF GAINES STREET FOR SUPPORT OF THE SKYBRIDGE; FOR THE PURPOSE OF CONSTRUCTION, ERECTION, MAINTENANCE, OPERATION, USE AND REPAIR OF THE ENCLOSED SKYBRIDGE; AND FOR OTHER PURPOSES. 15 WHEREAS, the Little Rock Board of Directors has been asked to grant a 16 franchise to Arkansas Blue Cross and Blue Shield to construct and use an enclosed 17 skybridge in a part of the air space above Gaines Street between Sixth and Seventh 18 Streets in downtown Little Rock; and 19 WHEREAS, the skybridge over Gaines Street will connect the Arkansas Blue 20 Cross and Blue Shield office building and the new Arkansas Blue Cross and Blue Shield 21 parking structure; and 22 WHEREAS, the Little Rock Board of Directors desires to grant the Franchise to 23 Arkansas Blue Cross and Blue Shield for so long as the grantee of the $' . � r O „. a A0- �✓ i , G / aa"o 4 4b « it ':: �o /,0` x k ry [PAGE 1 OF 4] S - Ca: ordinance e LU n.t( 4. I ' �r �' -u To grant a hanrhise to Blue Cros Blue Shield a a t Iw J. M1 a For air ri is to a pedestrian skybridge gh P bbbb PA9Y6 \fY'µ 0 • 1 construct, operate, use and maintain the structure in compliance with City codes and 2 ordinances. 3 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 4 THE CITY OF LITTLE ROCK, ARKANSAS: 5 Section 1. The Little Rock Board of Directors approves and grants a Franchise 6 to Arkansas Blue Cross and Blue Shield, and to its successors and assigns in perpetuity, 7 to use a portion of the air space above 6100 South Gaines Street between Sixth and 8 Seventh Streets in downtown Little Rock, Arkansas. 9 Section 2. The Franchise is granted for the purpose of the construction, 10 operation, use, maintenance and repair of the enclosed skybridge over Gaines Street 11 between Sixth and Seventh Streets in the City of Little Rock, Arkansas with such 12 skybridge to connect the Arkansas Blue Cross and Blue Shield office building with the 13 new Arkansas Blue Cross and Blue Shield parking structure across Gaines Street (the 14 "Property"), as shown on the diagrams attached hereto as Attachments "A -1 ", "A -2 ", 15 and "B ". The Franchise shall include a column, not more than thirty (30) inches wide 16 east to west, with rounded corners, to be located in the sidewalk area eighteen (18) 17 inches east of the back of the curb on the east side of Gaines Street between Sixth and 18 Seventh Streets as shown in the partial site plan and elevation for support of the 19 skybridge, Attachments "A -1" and "A -2 ". 20 Section 3. The enclosed skybridge over Gaines Street will be ten feet (10') in 21 width, eight feet (8' -0 ") average height above floor line, sixty feet (60') in length, totaling 22 four thousand, eight hundred (4,800) cubic feet of volume, with a minimum height 23 above the crown of the street of nineteen feet, six inches (19' -6 "). [PAGE 2 OF 41 ordiran,e To grant a franchise to Blue Cross -Blue Shield For air rights to a pedestrian skybridge S' 0 0 1 Section 4. The structure permitted by this Franchise shall be constructed, 2 operated, used and maintained in compliance with City codes and ordinances for the 3 life of the Franchise. 4 Section 5. The grantee of this Franchise shall provide thirty (30) days advance 5 written notice to the Little Rock City Manager of its intent to close to pedestrian traffic 6 or otherwise discontinue the use of the skybridge. If the use of the skybridge is 7 discontinued, Arkansas Blue Cross and Blue Shield or its successor shall be responsible 8 for removing the skybridge at its expense. 9 Section 6. Severability. In the event any title, section, paragraph, item, 10 phrase, or word of this ordinance is declared or adjudged to be invalid or 1l unconstitutional, such declaration or adjudication shall not affect the remaining 12 portions of the ordinance which shall remain in full force and effect as if the portion so 13 declared or adjudged invalid or unconstitutional were not originally a part of the 14 ordinance. 15 Section 7. Repealer. All ordinances, resolutions, bylaws, and other matters 16 inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. 17 Section 8. This ordinance shall be in full force and effect from and after its 18 passage and it shall benefit and run in favor of future owners of the Property and 19 successors and assigns until such time as the skybridge is no longer used for pedestrian 20 traffic or is no longer operated, used or maintained in compliance with City codes and 21 ordinances. 22 PASSED: October 7, 2003 23 ATTEST: APPROVED: l 24 25 a'�W 26 Nar cy Woo , City Clerk Jim iley, Mayor [PACE 3 of 4 Ordinance To grant a franchise to Blue CrossBlue Shield For air rights to a pedeshian skybridge 0 1 APPROVED AS TO LEGAL FORM: 2 4 Thomas M. Carpenter, City Attorney 5 6 7 // 8 // 9 // 10 // 11 12 13 // 14 // 15 // 16 // 17 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // [PAGE 4 OF 4] Ordinance To grant a franchise to Blue Crr, -Blue Shield For air rights to a pedestrian skybridge 111 III U EJRf! 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