Introduced by: The Council President
At the request of: The Administration (Department of Public Works)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Franchise - Private One-Story Building Addition and Crawl Space Projecting into and below a Portion of the East Fairmount Avenue Right-of-Way
FOR the purpose of granting a franchise to Patterson Park Community Development Corporation to construct, use, and maintain a one-story building addition and crawl space into and below a portion of the East Fairmount Avenue right-of-way, attached to and extending from the southern exterior wall of 101 North Kenwood Avenue, subject to certain terms, conditions, and reservations; and providing for a special effective date.
Body
BY authority of
Article VIII - Franchises
Baltimore City Charter
(1996 Edition)
Recitals
Patterson Park Community Development Corporation, a not-for-profit organization and owner of 101 North Kenwood Avenue, is converting this former corner store into a Montessori school on the first floor of the building. The second floor of the building will be retained as an income-producing apartment to help defray the costs of operating the school. The Montessori school serves children between the ages of 3 and 6 years.
The 101 North Kenwood Avenue building is located at the northeast corner of North Kenwood Avenue and East Fairmount Avenue. The existing structure will be renovated to accommodate the school on the first floor, and a single story addition with a below grade crawl space will be built and attached to and projecting from the southern wall of the structure. The addition is necessary to provide sufficient floor space and an accessible entrance to the school facility.
The single story addition will project into the sidewalk area of the East Fairmount Avenue right-of-way approximately 6.5 feet from the southern property line. Approximately 7.5 feet of the 14-foot paved sidewalk area will remain accessible to public use. The addition will begin approximately 10 feet from the western property line and end at the eastern property line. The entire approximately 422.5 square foot structure will be in the East Fairmount Avenue right-of-way. The total height of the encroachment shall be no higher than 14 feet above grade at any point and no lower than 3.5 feet below grade.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That a franchise or right is granted to Patterson Park Community Development Corporation, its tenants, successors, and assigns (collectively, the "Grantee") to construct, use, and maintain, at Grantee's own cost and expense, and subject to the terms and conditions of this Ordinance, a single story building addition, and crawl space, each level enclosing an approximately 422.5 square foot portion of the East Fairmount Avenue right-of-way, more particularly described as follows:
All that piece or parcel of land lying, situate and being in Ward 6, Section 19, Block 1712, of Baltimore City, Maryland and beginning at a point located 10.00 feet easterly from the northeast corner of the intersection of North Kenwood Avenue and East Fairmount Avenue; thence running with and binding on the northerly side of said East Fairmount Avenue, as now surveyed, with bearings of this description being based on the Baltimore City Grid datum (1) North 87 degrees 04 minutes 47 seconds East 65.00 feet; thence leaving said northerly side of said East Fairmount Avenue and running through the right-of-way of said East Fairmount Avenue the following 3 courses; (2) South 02 degrees 55 minutes 13 seconds East 6.50 feet; thence (3) South 87 degrees 04 minutes 47 seconds West 65.00 feet; thence (4) North 02 degrees 55 minutes 13 seconds West 6.50 feet to the point of beginning.
A franchise or right is granted to the Grantee to construct, use and maintain, at Grantee's own cost and expense, and subject to the terms and conditions of this Ordinance, a crawl space below the single story addition at a depth no lower than 3.5 feet below grade, at any point.
SECTION 2. AND BE IT FURTHER ORDAINED, That to become effective, the franchise or right granted by this Ordinance (the "Franchise") must be executed and enjoyed by the Grantee within 6 months after the effective date of this Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That as compensation for the Franchise, the Grantee shall pay to the Mayor and City Council of Baltimore a franchise charge of $ a year, subject to increase or decrease as provided in Section 5 of this Ordinance. The franchise charge must be paid annually, at least 30 days before the initial and each renewal term of the Franchise.
SECTION 4. AND BE IT FURTHER ORDAINED, That:
(a) The initial term of the Franchise is 1 year, commencing on the effective date of this Ordinance. Unless sooner terminated as provided in this Ordinance, the Franchise will automatically renew, without any action by either the Mayor and City Council of Baltimore or the Grantee, for 24 consecutive 1-year renewal terms. Except as otherwise provided in this Ordinance, each renewal term will be on the same terms and conditions as the initial term. The maximum duration for which the Franchise may operate, including the initial and all renewal terms, is 25 years.
(b) Either the Mayor and City Council of Baltimore, acting by and through the Director of Public Works, or the Grantee may cancel the Franchise as at the end of the initial or any renewal term by giving written notice of cancellation to the other at least 90 days before the end of that term.
SECTION 5. AND BE IT FURTHER ORDAINED, That the Mayor and City Council of Baltimore, acting by and through the Board of Estimates, may increase or decrease the annual franchise charge by giving written notice of the increase or decrease to the Grantee at least 150 days before the end of the original or renewal term immediately preceding the renewal term to which the increase or decrease will first apply. The new franchise charge will apply to all subsequent annual renewal terms, unless again increased or decreased in accordance with this section.
SECTION 6. AND BE IT FURTHER ORDAINED, That the Mayor and City Council of Baltimore expressly reserves the right at all times to exercise, in the interest of the public, full municipal superintendence, regulation, and control over and in respect to all matters connected with the Franchise and not inconsistent with the terms of this Ordinance.
SECTION 7. AND BE IT FURTHER ORDAINED, That the Grantee, at its own cost and expense, shall maintain in good condition and in compliance with all applicable laws and regulations of Baltimore City, all structures for which the Franchise is granted. The maintenance of these structures shall be at all times subject to the regulation and control of the Commissioner of Housing and Community Development and the Director of Public Works. If any structure for which the Franchise is granted must be readjusted, relocated, protected, or supported to accommodate a public improvement, the Grantee shall pay all costs and expenses in connection with the readjustment, relocation, protection, or support.
SECTION 8. AND BE IT FURTHER ORDAINED, That at the option of the Mayor and City Council of Baltimore, acting by and through the Director of Public Works, the Grantee's failure to comply with any term or condition of this Ordinance constitutes a forfeiture of the Franchise. Immediately on written notice to the Grantee of the exercise of this option, the Franchise terminates. Once so terminated, only an ordinance of the Mayor and City Council of Baltimore may waive the forfeiture or otherwise reinstate the Franchise.
SECTION 9. AND BE IT FURTHER ORDAINED, That at any time and without prior notice, the Mayor of Baltimore City may revoke the Franchise if, in the Mayor's judgment, the public interest, welfare, safety, or convenience so requires. Immediately on written notice to the Grantee of the exercise of this right, the Franchise terminates.
SECTION 10. AND BE IT FURTHER ORDAINED, That on cancellation, expiration, forfeiture, revocation, or other termination of the Franchise for any reason, the Grantee shall remove all structures for which the Franchise is granted. The removal of these structures shall be (i) undertaken at the cost and expense of the Grantee, without any compensation from the Mayor and City Council of Baltimore, (ii) made in a manner satisfactory to the Commissioner of Housing and Community Development and the Director of Public Works, and (iii) completed within the time specified in writing by the Director of Public Works.
SECTION 11. AND BE IT FURTHER ORDAINED, That the Grantee is liable for and shall indemnify and save harmless the Mayor and City Council of Baltimore against all suits, losses, costs, claims, damages, or expenses to which the Mayor and City Council of Baltimore is at any time subjected on account of, or in any way resulting from, (i) the presence, construction, use, operation, maintenance, alteration, repair, location, relocation, or removal of any of the structures for which the Franchise is granted, or (ii) any failure of the Grantee, its officers, employees, or agents, to perform promptly and properly any duty or obligation imposed on the Grantee by this Ordinance.
SECTION 12. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
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