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HomeMy WebLinkAbout21192 1 ORDINANCE NO. 21,192 2 3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO. 4 18,846 (MAY 1, 2001); AND TO AMEND LITTLE ROCK, ARK., 5 RESOLUTION NO. 7,739 (MARCH 17, 1987); AND TO AMEND LITTLE 6 ROCK, ARK., RESOLUTION NO. 7,753 (APRIL 7, 1987); TO APPROVE 7 AN ASSIGNMENT OF THE FRANCHISE FOR AIRSPACE ABOVE THE 8 100 BLOCK OF EAST SEVENTH STREET, BETWEEN SCOTT AND 9 MAIN STREETS, FROM THE GEORGE W. DONAGHEY FOUNDATION 10 TO LAKE HAMILTON CORPORATION, AND FURTHER TO 11 AUTHORIZE THE ASSIGNMENT FROM LAKE HAMILTON 12 CORPORATION TO LRMU, LP; TO DECLARE THE FRANCHISE IS IN 13 FULL FORCE AND EFFECT; TO ASSURE THAT ANY FUTURE 14 ASSIGNMENT WILL BE SUBJECT TO THE APPROVAL OF THE CITY 15 BOARD OF DIRECTORS; TO DECLARE AN EMERGENCY; AND FOR 16 OTHER PURPOSES. 17 18 WHEREAS,the City granted a franchise to the George W. Donaghey Foundation on September 26, 19 2000, pursuant to an ordinance referenced in the official minutes as Little Rock, Ark., Ordinance No. 20 18,364;however,no such ordinance that deals with this topic can be found in the official records; and, 21 WHEREAS, this franchise was reaffirmed and granted in Little Rock, Ark., Ordinance No. 18,486 22 (May 15, 2001)("LR) 18,486"); and, 23 WHEREAS,the use of the air rights for a skywalk above the 100 Block of East Seventh Street between 24 Scott and Main Streets,was granted in Little Rock,Resolution No. 7,739(March 17, 1987)("LRR 7739"), 25 and was reaffirmed as amended to exist for a period of ninety-nine (99) years in Little Rock, Ark., 26 Resolution No. 7,753 (April 7, 1987)("LRR 7753")and, 27 WHEREAS,the George W. Donaghey Foundation wishes to assign this franchise and the use of these 28 air rights to Lake Hamilton Corporation, an Arkansas corporation, and to permit the further assignment of 29 this franchise by Lake Hamilton Corporation to LRMU,LP; and, 30 WHEREAS,the approval and affirmation of the Board of Directors by ordinance is required to do so, 31 and to clarify the legislative history of this franchise; 32 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 1iII CITY 33 OF LITTLE ROCK,ARKANSAS: [Page 1 of 3] 1 Section 1. The air rights franchise over the 100 Block of East Seventh Street between Scott and Main 2 Streets, as set forth in the LRR 7739, LRR 7753, LRO 14,846, and referred to in the Official Minutes of 3 the Board of Directors of the City of Little Rock, Arkansas, for September 26, 2000, is hereby confirmed 4 and reestablished in this ordinance, and is deemed to be in full force and effect. 5 Section 2. The City grants permission to the George W.Donaghey Foundation to assign this franchise 6 to Lake Hamilton Corporation pursuant to the terms and conditions previously set forth in the ordinances 7 and resolutions noted above. 8 Section 3. The City grants permission, if desired, for Lake Hamilton Corporation to assign this 9 franchise to LRMU, LP, pursuant to the terms and conditions previously set forth in the ordinances and 10 resolutions noted in Section 1, and the terms of this ordinance. 11 Section 4. The City notes that it reserves the right to approve any further assignment of this franchise 12 by resolution of the Board, such approval not to be unreasonably withheld, and pursuant to the terms and 13 conditions previously set forth in the ordinances and resolutions noted in Section 1, and the terms of this 14 ordinance. 15 Section 5. The City notes that it reserves the right to approve any mortgage of the air rights noted in 16 the ordinances and resolutions set forth in Section 1, and the terms of this ordinance, such approval not to 17 be unreasonably withheld. 18 Section 6. Nothing in this ordinance,nor in the ordinances or resolutions set forth in Section 1,prevent 19 the City from taking any and all necessary actions to terminate this franchise and order the removal of any 20 structures built in the City air rights, if such action is necessary for the public health, safety, and welfare, 21 and particularly if such action is necessarily required by the government of the State of Arkansas, or the 22 government of the United States. 23 Section 7. Nothing in this ordinance,nor in the ordinances or resolutions set forth in Section 1,permit 24 any physical modifications to the structures placed in the franchise area unless first approved by the relevant 25 City, or other governmental,departments, all necessary fees have been paid,and all other applicable codes 26 or regulations have been applied. 27 Section 8. The Mayor and City Clerk,and when appropriate the City Manager and City Attorney,are 28 authorized to execute any and all documents required now, or in the future,to accomplish the purposes of 29 this ordinance without further resolution of the Board of Directors, provided that such documents are 30 approved as to legal form by the City Attorney, and provided further that the documents do not assign the 31 franchise to an entity not listed in this ordinance,or permit a mortgage for the property or structures within 32 the franchise area if such a mortgage is not already in place on the date this ordinance is approved. 33 Section.9. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase or 34 word of this ordinance is declared or adjudged to be invalid or unconstitutional such declaration or 35 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and [Page 2 of 3] • 1 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 2 ordinance. 3 Section 10. Repealer. All laws, ordinances, resolutions, and parts of the same that are inconsistent 4 with the provisions of this ordinance are hereby repealed to the extent of such inconsistency including, but 5 not limited to,LRR 7739,LRR 7753m LRO 18,486. 6 Sectoin 11. Emergency Clause. The properties that are currently using the skywalk franchised in this 7 ordinance is being sold to a new purchaser, and in order to assure that the franchise area is properly 8 maintained and operated, is about to be assigned to another entity; the ability to assure that such skywalks 9 are operated in a safe and efficient manner is essential to the public health, safety, and welfare, and the 10 time frame to approve the documents for the transfer is critical; an emergency is, therefore, declared to 11 exist and this ordinance shall be in full force and effect from and after the date of its passage. 12 PASSED: March 1,2016 13 ATTE Aft APPROVD: 14 tai1/ 41/ 1/ i 15 ,,i 16 4 n' '�� ey,City Clerk Mark Stodol.,Mayor 17 , ' 'R e ��'/ P AS TO LEGAL FORM: 18 h/12,./A--t-.&) (b(. attili--- 19 20 Thomas M. Carpenter,City Attorney 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 3 of 3]