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HomeMy WebLinkAbout18580• • 1 ORDINANCE NO. 18,5 2 3 AN ORDINANCE GRANTING A FRANCHISE TO a THE UNIVERSITY OF ARKANSAS FOR MEDICAL 5 SCIENCES FOR AIR RIGHTS FOR A PEDESTRIAN 6 SKYBRIDGE ABOVE WEST FIFTH STREET 7 BETWEEN ELM AND CEDAR STREETS s CONNECTING THE EXISTING PARKING DECK 9 AT THE NORTH CORNER OF FIFTH AND ELM 10 STREET TO THE JACKSON T. STEPHENS SPINE 11 AND NEUROSCIENCES INSTITUE BUILDING 12 UNDER CONSTRUCTION AT THE CORNER OF 13 ELM AND FIFTH STREET; FOR THE PURPOSE 14 OF CONSTRUCTION, ERECTION, MAINTENANCE, is OPERATION, USE AND REPAIR OF AN 16 ENCLOSED SKYBRIDGE OVER WEST FIFTH 17 STREET; AND FOR OTHER PURPOSES. 1s 19 WHEREAS, the Little Rock Board of Directors has been asked to grant a 20 Franchise to the University of Arkansas For Medical Sciences to construct and use an 21 enclosed skybridge above the air space above West Fifth Street in Little Rock; and 22 WHEREAS, the skybridge over Seventh Street will connect a new office 23 building, the Jackson T. Stephens Spine and Neurosciences Institute Building, now 24 under construction at the corner of Elm and Fifth Street, with an existing parking deck 25 at the North corner of Fifth and Elm Street; and 26 WHEREAS, the Little Rock Board of Directors desires to grant the Franchise 27 to the University of Arkansas For Medical Sciences for so long as the skybridge exists -I- 0 0 1 and as long as the grantee of the Franchise shall construct, operate, use and maintain 2 the skybridge in compliance with City codes and ordinances. 3 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF 4 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 5 SECTION 1. The Little Rock Board of Directors approves and grants a 6 Franchise to the University of Arkansas For Medical Sciences, and to its successors and 7 assigns in perpetuity, to use a portion of airspace above West Fifth Street, between Elm s and Cedar Streets, in Little Rock, Arkansas. 9 SECTION 2. The Franchise is granted for the purpose of the construction, to operation, use, maintenance and repair of the enclosed skybridge over City streets I1 connecting the new Jackson T. Stephens Spine and Neurosciences Institute office 12 building now under construction at the corner of Elm and Fifth Street with an existing 13 parking deck at the North corner of Fifth and Elm Street, (collectively, the "Property"), 14 as shown on the diagrams attached hereto as Attachment "A." 15 SECTION 3. The enclosed skybridge over West Fifth Street will be twelve feet 16 (12') in width, have in excess of nineteen feet (19') in vertical clearance, seventeen feet 17 (1T) average height above floor line, sixty four feet (64') in length, totaling 13,056 Is cubic feet of volume. 19 SECTION 4. The structure permitted by this Franchise shall be constructed, 20 operated, used and maintained in compliance with City codes and ordinances for the 21 life of the Franchise. 22 SECTION 5. The grantee of this Franchise shall provide thirty (30) days 23 advance written notice to the Little Rock City Manager of its intent to close to 24 pedestrian traffic or otherwise discontinue the use of the skybridge. 25 SECTION 6. This ordinance shall be in full force and effect from and after its 26 passage and it shall benefit and run in favor of future owners of the Property and 27 successors and assigns until such time as the skybridge is demolished and removed. -2- • 1 SECTION 7. Severability. In the event any section, paragraph, item, sentence, 2 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 3 unconstitutional, such declaration or adjudication shall not affect the remaining portions 4 or the ordinance which shall remain in full force and effect as if the portion so declared 5 or adjudged invalid or unconstitutional was not originally part of the ordinance. 6 SECTION 8. Repealer. All laws, ordinances, resolutions, or parts of the same, 7 that are inconsistent with the provisions of this ordinance are hereby repealed to the s extent of such inconsistency. 9 PASSED: october 16, 2001 10 ATTEST: APPROVED: 11 12 13 Nan Woo , City Clerk RO ailey, Mayor 14 15 APPROVED AS TO LEGAL FORM: 16 17 �/I.f�"✓�iOl �. 18 Thomas M. Carpenter, Cit Attorney 19 20 21 22 23 24 25 26 27 28 29 -3-