* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: The Administration (Department of General Services)
A BILL ENTITLED
AN ORDINANCE concerning
title
Franchise - Private Pedestrian Bridgeway Above and Across and Supporting Structures In and Below the 4100 Block of Hillen Road Right-of-Way
FOR the purpose of granting a franchise to Morgan State University to construct, use, and maintain (1) a private pedestrian bridgeway above and across the 4100 block of Hillen Road right-of-way and (2) the bridgeway foundation and supporting columns in and below the Hillen Road right-of-way, 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
Morgan State University is constructing an approximately 140,000 square foot multi-story Business and Management Center (BMC) that will include classrooms, computer laboratories, meeting spaces, and faculty and staff offices located on the west side of the 4100 block of Hillen Road, north of the intersection with Argonne Drive. The BMC is the first of 3 buildings and a parking garage that are planned for the West Campus.
Morgan State University proposes to construct a private pedestrian bridgeway to facilitate the safe and convenient travel of students, faculty, staff, and visitors between the University's main campus and the West Campus.
Portions of the private pedestrian bridgeway will be located above and across the public right-of-way in the 4100 block of Hillen Road, and the foundation and supporting columns will be within the right-of-way.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That a franchise or right is granted to Morgan State University, 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 pedestrian bridgeway, approximately 132 feet long by 16 feet wide by 15 feet high, that will connect the West Campus currently being developed by the Grantee on the west side of Hillen Road, to the east side of Hillen Road by crossing the Hillen Road right-of-way, located within an aerial easement area more particularly described as follows:
Starting at the Southeastern property corner (Northing: 15509.4629: Easting: 7800.2548) of the West Campus of Morgan State University (Block 3696 Lot 47), located at the intersection of Hillen Road and Argonne Drive. The following courses to the point of beginning for the crossing of Hillen Road right-of-way for the Grantee's pedestrian bridge: (1) Curve with Length = 63.62 and Radius = 816.18 feet; (2) North 17 degrees 10 minutes 00 seconds East along the western edge of the Hillen Road 120 foot right-of-way for 482.36 feet; and (3) Curve with Length = 50.72 and Radius = 4,590.08 feet.
Leaving the point of beginning continuing along this line (1) North 16 degrees 24 minutes 40 seconds East for 19.80 feet then leaving the right-of-way to cross Hillen Road (2) North 81 degrees 49 minutes 21 seconds East for 131.49 feet; then turning South along the eastern edge of the Hillen Road right-of-way (3) South 15 degrees 44 minutes 42 seconds West for 19.69 feet; leaving the right-of-way line to cross over Hillen Road (4) South 81 degrees 49 minutes 21 seconds West for 131.74 feet to the point of beginning.
This aerial easement shall be approximately 18 feet wide by 132 feet long by 12 feet high and shall be 14 feet 9 inches above street level at its lowest point.
Containing approximately 2,369 square feet in plane, or 0.054 acres, more or less.
A franchise or right is also 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 foundation to support the pedestrian bridgeway consisting of caissons, columns, and a grade beam, a portion of which will project into and below the median in the right-of-way of Hillen Road, located within an easement area more particularly described as follows:
Starting at the Southeastern property corner (Northing: 15509.4629: Easting: 7800.2548) of the West Campus of Morgan State University (Block 3696 Lot 47), located at the intersection of Hillen Road and Argonne Drive. The following courses to the point of beginning for the crossing of Hillen Road right-of-way for the Grantee's pedestrian bridge: (1) Curve with Length = 63.62 and Radius 816.18 feet; (2) North 17 degrees 10 minutes 00 seconds East along the western edge of the Hillen Road 120 foot right-of-way for 482.36 feet; (3) Curve with Length = 50.72 and Radius = 4,590.8 feet; (4) Then leaving the right-of-way to cross Hillen Road North 81 degrees 49 minutes 21 seconds East for 49.60 feet to the point of beginning.
Leaving the point of beginning continuing along this line (1) North 16 degrees 09 minutes 43 seconds East for 19.76 feet; (2) Then North 81 degrees 49 minutes 21 seconds East for 32.39 feet; (3) Then South 15 degrees 54 minutes 52 seconds West for 19.72 feet; (4) Then South 81 degrees 49 minutes 21 seconds West for 32.48 feet to the point of beginning.
This easement shall be approximately 18 feet wide by 32 feet long by 14 feet 9 inches high and shall connect to the ground level in the median of Hillen Road.
Containing approximately 584 square feet in plane, or 0.013 acres, more or less.
Directly below the columns there are two caissons with a volume of 4.25 cubic yards each and a grade beam between them with a volume of 1.1 cubic yards. The total underground volume of these structures is approximately 9.6 cubic yards.
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) The Mayor and City Council of Baltimore, acting by and through the Director of General Services, when, in the Director's reasonable judgment, the public welfare or safety so requires, may cancel the Franchise at the end of the initial or any renewal term by giving written notice of cancellation to the Grantee at least 90 days before the end of that term.
(c) The Grantee may cancel the Franchise at the end of the initial or any renewal term by giving written notice of cancellation to the Mayor and City Council 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 General Services. 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 General Services, 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 General Services, and (iii) completed within the time specified in writing by the Director of General Services.
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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