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ORDINANCE NO. 17,669
AN ORDINANCE AMENDING LITTLE ROCK CODE
§14 -2(b) TO PROHIBIT SMOKING IN VEHICLES
PROVIDING PASSENGER SERVICE UNDER
FRANCHISE GRANTED BY THE CITY; AND FOR
OTHER PURPOSES.
WHEREAS, the City of Little Rock (City) has decided to take an active role to
minimize the health and safety risks inherent in the use of tobacco products to all persons
exposed directly or indirectly to tobacco smoke; and
WHEREAS, the City has previously enacted Little Rock, Ark., Ord. No. 16,665
( "LRO ") which sought to regulate smoking in public places; and
WHEREAS, no prohibition against smoking in buses or other vehicles providing
passenger service under franchise granted by the City was contained in LRO 16,665, and as
a result an unnecessarily large segment of the public who depend upon public transportation
can be exposed to the dangers of tobacco smoke in buses, taxis, or other vehicles providing
passenger service under franchise granted by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Little Rock, Ark., Rev. Code §14-2 (b)(1988) is hereby amended to
add §14-2(b)(6), as follows:
Any vehicle providing passenger service under franchise granted by the City.
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2 PASSED: February 3, 1998
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4 ATTEST: APPROVED:
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8 ROBBIE HANCOCK JIAILEY
9 CITY CLERK MAYOR
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11 APPROVED AS TO FORM:
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fi! a ✓�^ yi I/`'l
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THOMAS M. CARPE
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CITY ATTORNEY
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ORDINANCE NO. 17,670
AN ORDINANCE AMENDING AND RESTATING A FRANCHISE
TO CAPITOL AVENUE DEVELOPMENT COMPANY, A LIMITED
PARTNERSHIP, AND ITS SUCCESSORS AND ASSIGNS, FOR AIR
RIGHTS ABOVE THE NORTH /SOUTH ALLEY IN THE NORTH
ONE -HALF OF BLOCK 93, ORIGINAL CITY OF LITTLE ROCK,,
ARKANSAS, FOR THE PURPOSE OF CONSTRUCTING,
ERECTING, MAINTAINING, OPERATING, ALTERING AND
10 REPAIRING A PARKING DECK.
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12 WHEREAS, on September 26, 1984 the Little Rock Board of Directors passed Little Rock,
13 Ark. Ordinance No. 14,744 ( "LRO ") granting a franchise to Capitol Avenue Development Company
14 in the air rights above a certain alley to construct a parking deck; and
15 WHEREAS, LRO 14,744 did not expressly state that the franchise to use the air space over
16 public right -of -way would continue in the event of an assignment or transfer of the franchise right by
17 the grantee, Capitol Avenue Development Company; and
18 WHEREAS, Capitol Avenue Development Company is in the process of refinancing its real
19 property and improvements which are benefitted by the franchise, and it is, therefore, necessary to
20 clarify the rights granted under the franchise; and
21 WHEREAS, the Little Rock Board of Directors desires to clarify and state its intent by this
22 ordinance that the franchise granted by LRO 14,744 may be assigned in perpetuity as long as it exists
23 and as long as the grantee of the franchise shall construct, operate and maintain the structures in
24 compliance with City codes and ordinances.
25 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,
26 ARKANSAS:
27 SECTION 1. This Ordinance amends and restates Ordinance No. 14,744 in its entirety.
28 SECTION 2. A franchise is hereby granted from the City of Little Rock, Arkansas to Capitol
29 Avenue Development Company, A Limited Partnership, and to its successors and assigns in
30 perpetuity, for air rights above the North /South Alley in the North One -Half of Block 93, Original
31 City of Little Rock, Arkansas, for the purpose of constructing, erecting, maintaining, operating,
32 altering, and repairing parking decks located on Lots, 1,2,3,10,11 and 12, Block 93, Original City of
33 Little Rock, Arkansas (collectively, the "Property ").
34 SECTION 3. The structures permitted by this franchise shall be constructed, erected,
35 maintained, repaired and operated in strict compliance with all City codes, ordinances and regulations
36 for the life of the franchise.
I SECTION 4. This Ordinance shall be in full force and effect from and after its passage and 45
2 approval and shall benefit and run in favor of all future owners of the Property and their successors
3 and assigns.
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5 PASSED: February 10, 1998
6 ATTEST-
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8 ROBBIE HANCOCK MICHAEL KECK
9 CITY CLERK VICE MAYOR
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I I APPROVED AS TO FORM:
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13 THOMAS M. CARPENTky
14 CITY ATTORNEY
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