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Home My WebLink About21999 1 ORDINANCE NO. 21,999 2 3 AN ORDINANCE TO GRANT A FRANCHISE TO FOURTEEN 24 ON MAIN, 4 LLC,FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 1424 SOUTH 5 MAIN STREET,SUITES 103 AND 104,FOR AN OUTDOOR DINING AREA; 6 AND FOR OTHER PURPOSES. 7 8 WHEREAS,Fourteen 24 on Main,LLC,owns 1424 South Main Street,Suites 103 and 104,Little Rock, 9 Arkansas, 72201; and, 10 WHEREAS,the economic development of South Main Street is in the best interests of the City; and, 11 WHEREAS, Fourteen 24 on Main, LLC, has requested the use of a City right-of-way in order to erect 12 railing and a gate and the placement of tables and chairs in front of 1424 South Main Street, Suites 103 and 13 104,for an outdoor dining area;and, 14 WHEREAS,the Little Rock Board of Directors desires to grant a Franchise to Fourteen 24 on Main,LLC. 15 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 16 OF LITTLE ROCK,ARKANSAS: 17 Section 1. Pursuant to the conditions set forth in this ordinance, Fourteen 24 on Main, LLC, located at 18 1424 South Main Street, Suites 103 and 104, is hereby granted a Franchise to use City right-of-way at its 19 location subject to the terms and conditions set forth in Section 2. 20 Section 2. Pursuant to the conditions set forth in this ordinance, Fourteen 24 on Main,LLC, located at 21 1424 South Main Street, in conformity with the drawing attached as Exhibit A to this ordinance, is hereby 22 granted a Franchise to use the City right-of-way at 1424 South Main Street,Suites 103 and 104 subject to the 23 terms and conditions set forth in this Section 2. 24 1. Grant and acceptance of Franchise subject to conditions: Subject to the conditions stated herein, 25 the City of Little Rock("City")hereby grants to Fourteen 24 on Main,LLC,and to its successors 26 and assigns, a revocable and conditional Franchise to use portions of the City right-ow-way on 27 South Main Street adjacent to the real property located at 1424 South Main Street,Suites 103 and 28 104, as provided herein and under the conditions stated herein. Fourteen 24 on Main, LLC, 29 hereby accepts, subject to the conditions stated in this ordinance, the Franchises as described 30 below. 31 2. Franchise Fees: The annual Franchise Fee is equal to 1/2 of the lease based on the rental per 32 square-foot for the real property at 1424 South Main Street,Suites 103 and 104,as applied to each 33 square-foot of area within the public right-of-way utilized with this Franchise. The Franchise Fee [Page 1 of 41 1 shall be paid to the City by January 15th of each year the Franchise is in place,or for the first year 2 of this Franchise within thirty (30) days of the passage of this ordinance. The amount of the 3 Franchise Fee is Seven Hundred Fifty Dollars($750.00)per year. 4 2. American Disabilities Act: The area developed and or used by the Franchisee shall comply in all 5 respects with the requirements of the Americans with Disabilities Act for passageways,and shall 6 be subject to approval by the City as to design and materials. 7 3. Term:The term of the Franchise shall initially be from the date of the passage of this ordinance, 8 and the statutory time frame for the effective date of Franchises,until December 31,2022,with 9 the understanding that the Franchise shall automatically renew for one (1)-year periods from 10 January 1St to December 31St, unless written notice is given by the City to the Franchisee of the 11 intent not to renew the Franchise. Any such notice shall be given within forty-five(45)days of 12 the end of a calendar year.The City reserves the right to terminate this Franchise at any time and 13 for any reason after providing written notice to the Franchisee. 14 4. Limitation: The Franchise shall not run with the land and shall not be automatically assumed by 15 any subsequent purchaser or lessor of the property to be known as Fourteen 24 on Main,LLC,as 16 identified on the effective date of this ordinance. 17 5. Termination: At any time that the Franchise ends,including if the City determines it is necessary 18 to end this Franchise for any public purpose or because of any change in Federal,State,County,or 19 local, law, regulations, ordinances, or requirements of any kind, the Franchise shall cease, all 20 improvements shall be removed,and all necessary repairs to the right-of-way made shall be made 21 at the expense of the Franchisee or of the adjacent property owner as quickly as possible after 22 notice, but in no event more than thirty (30) days after such notice unless otherwise expressly 23 agreed to in writing by the City. Fourteen 24 on Main,LLC,acknowledges that upon notice form 24 the City's Public Works Director, Fourteen 24 on Main, LLC, will remove the permitted items 25 from the public right-of-way or easements at its own expense for any public improvement project 26 or if the situation becomes a public nuisance. 27 6. Compliance:The structures permitted by this ordinance shall be constructed,operated,used,and 28 maintained in compliance with City codes,ordinances,and polices,including,without limitation, 29 Building Codes and Utility Relocation Policies, for the life of the Franchise. 30 Section 3. The City Manager is hereby authorized to execute the Franchise Agreement in a form to be 31 approved by the City Attorney. 32 Section 4. Severability. In the event any section,paragraph, item,sentence,clause,phrase,or word of 33 this ordinance is declared or adjudged to be invalid or unconstitutional,such declaration or adjudication shall (Page 2 of 4] 1 not affect the remaining portions or the ordinance which shall remain in full force and effect as if the portion so 2 declared or adjudged invalid or unconstitutional was not originally part of the ordinance. 3 Section 5. Repealer. All laws,ordinances,resolutions,or parts of the same that are inconsistent with the 4 provisions of this ordinance are hereby repealed to the extent of such inconsistency. 5 PASSED: June 1, 2021 6 ATTES • APPROVED: 7 lit 8 \\t 9 � ! I n • V ity Clerk Frank Scott,Jr., 10 APPROV D .411 LEGAL FORM: 11 12 • (14 13 Thomas M. Carpenter, City Attor y 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // (Page 3 of 41 1 Exhibit A A � \\,,\\\\\\\ \\,‘ of in scope. \�� t. i I o� a TLT KITCHEN • '. ,`E PREP/STORAGE o L ] ��0� \\\ it M la1 v HALL '._. \ \ TLT - 1 1 J d COUNTER \\ ) c, i polurnizo \ . \ jr„, [i x `. SEATING \ �. , ENTRY ‘•�A\\\, likL" i go et Lti ,100-1\111k U j t 1 '< PATIO a .--71 —— 4 zo 4 / 4'4' t 18'-0": r 0. 3.0 J 1 r . `t i ___ _ _ _ }_ _ _ GATE _ _ _ _ PROPERTY LINE \ \•—^rte r,. czv m.., , aw T .`T'_,-.',..‘=, \ R METAL RAILING—` 9 oT BACK OF CURB —A 1, \ I \ TREE WELL TREE WELL MAIN ST. PATIO PLAN \,j SCALE: 1/8"=1'•0" - A IV) R1°°Roe, Little Rock.AR 12 01 Project Press Wattle LR �� :1 21 S. MST STE 101 ARCr,lTEC TS IN 501.375.03787 TDate:07122/00 501.375 8801 F, o 1,7 IV,:'.".k;l MONlies Mo0ftes EAR IS ONE NW,M"On _Sheet: (Mei o.µ+/WNW*.s ONE c TNM SHEET. Addendum e sheet a A 1 0.1 ADJUST SCALES NTT--.MT 2 3 // 4 // [Page 4 of 41