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1 ORDINANCE NO. 16,968
2
AN ORDINANCE AUTHORIZING A FRANCHISE
3
TO OTTER CREEK HOME OWNERS
4 ASSOCIATION TO ERECT . GATES AT
5 WIMBLEDON LOOP AT BASELINE ROAD TO
6 CLOSE PUBLIC VEHICULAR TRAFFIC
7 DURING CERTAIN NIGHTTIME HOURS.
8
WHEREAS, Otter Creek Home Owners Association has asked the
9 City for permission to erect and maintain gates to prevent
10 public traffic on Wimbledon Loop during designated nighttime
11 hours; and
12 WHEREAS, the granting of the franchise to regulate public
13 access to the subdivision under the terms and conditions granted
herein will not adversely affect the public interest.
14 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
15 THE CITY OF LITTLE ROCK, ARKANSAS, THAT:
16 SECTION 1: The Otter Creek Home Owners Association ("the
17 Franchisee ") is granted a franchise to erect and maintain
security gates to close Wimbledon Loop to public vehicular
18 traffic, subject to the following terms and conditions:
19 (a) the Franchisee may erect and maintain
20 security gates in the public right -of -way at
21 locations designated on Exhibit "A" to this
22 Ordinance or any amendments thereto which are
approved by the Department of Public Works,
23 provided that upon termination of.this franchise,
24 the right -of -way will be restored by Franchisee
25 to the condition in which it existed at the time
26 this franchise was granted;
27 (b) the Franchisee may close the gates to
28 restrict vehicular traffic from entering or
exiting Wimbledon Loop at Baseline Road between
29 10:00 p.m. and 6:00 a.m. daily;
30 (c) the Franchisee shall keep the property
31 and surrounding area free of trash, refuse and
32 debris; (d) the Franchisee shall erect and
33 maintain appropriate signage to direct traffic to
the Stagecoach Road entrance of the Otter Creek
34 subdivision;
35 (e) a security guard will be on duty during
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times the gates are closed;
(f) the gates shall be video monitored 24
hours each day and the security guard shall be
accessible by telephone for emergency purposes;
(g) emergency services shall have the
ability to enter the locked gates in an
emergency;
(h) this franchise shall be for a term of
five (5) years at which time it will be renewed
by the City if the terms and conditions of the
franchise have been performed by Franchisee.
SECTION 2: This franchise is solely for the purpose of
erecting and maintaining a gate closure device and related
facilities in the public right -of -way of Wimbledon Loop at
Baseline Road. The franchise is subordinate and subject to the
public use of the right -of -way not inconsistent with the
purposes granted herein. Furthermore, it is subject to utility
or drainage easements in effect.
SECTION 3: Notwithstanding the terms of the franchise
granted herein, this franchise may be immediately revoked
without penalty to the City of Little Rock upon a declaration of
the Board of Directors that the property is needed for other
municipal purposes, or upon request of the Franchisee.
SECTION 4: This franchise shall be recorded in the Office
of the Recorder of Pulaski County, Arkansas, as a covenant
running with the land which terms and conditions shall be
binding upon Franchisee, its successors and assigns until the
franchise terminates.
PASSED: September 19, 1995
ATTEST:
a•
APPROVED AS TO FORK:
"EMARIUMME
APPROVED:
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EXHIBIT "A"
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EXHIBIT "A" (Pg. 2)
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