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1 ORDINANCE NO. 7 Ft. 286
AN ORDINANCE TO GRANT A FRANCHISE,
INCLUDING THE RIGHT TO EXCLUDE PUBLIC
VEHICULAR TRAFFIC, TO BG EXCELSIOR LIMITED
PARTNERSHIP IN AND TO THE RIGHT -OF -WAY OF
ASHLEY STREET LYING BETWEEN THE EASTERN AND
WESTERN PORTIONS OF BLOCK 80, ORIGINAL CITY
OF LITTLE ROCK, AS CURRENTLY CONFIGURED,
FOR THE PURPOSE OF THE OPERATION AND
MAINTENANCE OF SURFACE PARKING; TO
DECLARE AN EMERGENCY; AND FOR OTHER
PURPOSES.
15 WHEREAS, the City intends to enter into an agreement with BG Excelsior Limited
16 Partnership for the operation and maintenance of the hotel property, for the concessions in the
17 Statehouse Convention Center, and the concessions in the expanded convention center
18 facilities, and
19 WHEREAS, it has been determined that the grant of a franchise on Ashley Street to be
20 available for surface parking would be a valuable portion of this agreement, and
21 WHEREAS, the City is also concerned that the grant of any franchise assure that the
22 needs and concerns of historic buildings in the area be considered and met to the maximum
23 extent possible, including but not limited to the Old State House building,
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
25 THE CITY OF LITTLE ROCK, ARKANSAS:
26 Section 1. The City of Little Rock ( "Grantor "), hereby grants an exclusive franchise
27 to BG Excelsior Limited Partnership, an Arkansas limited partnership, it successors, and
28 assigns ( "Grantee ") in and to the right -of -way of Ashley Street laying between the eastern and
29 western portions of Block 80, original City of Little Rock, Pulaski County, Arkansas, as
30 configured on the date of the grant of this franchise, more particularly described on Exhibit A
31 attached ( "the Property"), for the exclusive use of the surface of Ashley Street, including the
32 right to control access to said street for any purpose whatsoever, subject to Grantor's right to
33 access said street for police, fire and governmental purposes, and the right of access as needed
34 by any utilities for which a valid and enforceable franchise with the City is in place.
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1 Section 2. No amendment or modification of this franchise shall occur without express
2 written notice to the adjoining property owners, particularly the Arkansas Commemorative
3 Commission, or its successor, which outlines the nature of the proposed change, provided that
4 this special notice provision is not intended to defeat any proposed change to this franchise, but
5 to assure that any such change recognizes, and is compatible with, the aesthetic and historic
6 nature of the surrounding property in general, and the Old State House in particular.
7 Section 3. (A) This franchise shall expire on the date the Amended, Restated and
8 Substituted Lease and Concession Agreement ( "the Lease ") between the Grantor and Grantee
9 terminates as provided therein which is attached to this franchise as Exhibit B.
to (B) This ordinance shall benefit and run in favor of Grantee, and its
11 successors, and assigns, in accordance with the terms and provisions of the Amended, Restated
12 and Substituted Lease and Concession Agreement referred to in Section 1.
13 (C) Notwithstanding the above, or any other provision of this
14 ordinance, the Board of Directors reserves the right to exercise any and all legislative authority
is with regards to the ordinance
16 Section 4. Severability. In the event any section, subsection, subdivision, paragraph,
17 subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged
18 to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining
19 portions of the ordinance which shall remain in full force and effect as if the portion so declared
20 or adjudged invalid or unconstitutional was not originally a part of the ordinance.
21 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
22 inconsistent with the provisions of this resolution are hereby repealed to the extent of such
23 inconsistency
24 Section 6. Emergency. The ability of the City to assure the operation, maintenance,
25 and rehabilitation of the convention center hotel and the Statehouse Convention Center, and
26 the operation and maintenance of the expanded portion of the convention center, is essential
27 for the protection of the public health, safety and welfare, particularly as these facilities have a
28 major impact upon the City's convention and tourism responsibilities; this franchise agreement
29 is essential to the initial plans for renovation of these facilities described more fully in, and
30 considered a part of, the negotiated agreement which assures that these facilities are properly
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operated and maintained; an emergency is, therefore, declared to exist and this ordinance shall
be in full force and effect from and after the date of its passage.
PASSED: June 6, 2000
ATTEST: APPROVED:
Nancy ood, fhty Clerk
APPROVED AS TO LEGAL FORM:
o4� 6
Thomas M. Carpenter, Ci Attorney
13)
*114A `
J' ailey, Mayor
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PROPERTY DESCRIPTION
A tract of land located in the SE' /4, NE' /4, Section 3, Township 1 North, Range 12 West, Pulaski
County, Arkansas, said tract being west of Fractional Block 80, original City of Little Rock and
being more particularly described as follows:
Beginning at a found '/x" rebar at the intersection of the north right -of -way line
of West Markham Street and the east right -of -way line of Ashley Street, said
point being 2.00 feet N89 °40'23 "W, of the original southwest comer of said
Fractional Block 80; thence N00° 12'36 "E, 300.05 feet along said east right -of-
15 way line of Ashley Street to a found "X" in concrete being the intersection of the
16 east right -of -way line of Ashley Street and the south right -of -way line of La
17 Harpe Boulevard; thence N89° 18'24 "W, 57.73 feet along said south right -of -way
1s line of La Harpe Boulevard to a found "X" on a concrete retaining wall being the
19 intersection of the south right -of -way line of La Harpe Boulevard and the west
20 right -of -way line Ashley Street; thence S00° 12'36 "W, 300.42 feet along said west
21 right -of -way line of Ashley Street to the point of intersection of said west right -of-
22 way line of Ashley Street and the north right -of -way line of West Markham
23 Street; thence S89 °40'23 "E, 57.73 feet along said north right -of -way line of West
24 Markham Street to the Point of Beginning; said tract containing 0.398 acres
25 (17,331 square feet), more or less, subject to all franchises of record.
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[EXI OU A. Property Description]
0r
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AMENDED, RESTATED AND SUBSTITUTED
LEASE AND CONCESSION AGREEMENT
(City of Little Rock, Arkansas/Little Rock Advertising & Promotion Commission/
BG Excelsior Limited Partnership)
[EXHIBIT BI
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1 CERTIFICATE
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3 STATE OF ARKANSAS)
4 COUNTY OF PULASKI)
5 CITY OF LITTLE ROCK)
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8 I, Nancy D. Wood, City Clerk within and for the City aforesaid, do hereby certify that
9 the foregoing is a true and correct copy of Little Rock, Ark., Ordinance No. _(June
10 6, 2000), entitled: AN ORDINANCE TO GRANT FRANCHISE, INCLUDING THE
11 RIGHT TO EXCLUDE PUBLIC VEHICULAR TRAFFIC, TO BG EXCELSIOR
12 LIMITED PARTNERSHIP, IN AND TO THE RIGHT -OF -WAY OF ASHLEY STREET
13 LYING BETWEEN THE EASTERN AND WESTERN PORTIONS OF BLOCK 80,
14 ORIGINAL CITY OF LITTLE ROCK, AS CURRENTLY CONFIGURED, FOR THE
1s PURPOSE OF THE OPERATION AND MAINTENANCE OF SURFACE PARKING; TO
16 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; that this ordinance was
17 passed by the Board of Directors of the City of Little Rock, Arkansas, during a properly
18 scheduled public meeting held on June 6, 2000; and that said Ordinance now appears in this
19 office.
20 IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on this __ day
21 of , 2000.
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City Clerk
City of Little Rock, Arkansas