* 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 Public Works)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Franchise - Private Bridgeway and Foundation Above and Within the Bed of East Madison Street
FOR the purpose of granting a franchise to 855 N. Wolfe Street, LLC, to construct, use, and maintain a private pedestrian bridgeway above and across East Madison Street right-of-way and a portion of the bridgeway foundation within East Madison Street 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
An overall plan for portions of East Baltimore near Johns Hopkins Hospital is under construction for creation of a biotechnological and residential development known as the East Baltimore Development Initiative. As part of the redevelopment, 855 N. Wolfe Street, LLC, is constructing a new 7 story, 300,000 square foot building to house professional offices and laboratory space to be known as the Life Science building.
The Life Science building will be constructed on the block bounded by North Wolfe Street, the former bed of North Chapel Street, East Madison Street, and Ashland Avenue. The new building will be located on the north side of East Madison Street.
An existing Basic Science building at 725 N. Wolfe Street is located on the south side of Madison Street, opposite the location of the new Life Science building.
The 855 N. Wolfe Street, LLC, will construct a private single story pedestrian bridgeway above East Madison Street, connecting the new Life Science building with the existing Basic Science building, and the bridgeway will provide a safe and convenient means for staff and researchers to travel between the buildings.
Portions of the private bridgeway will be located above and across the public right-of-way, and a portion of the bridgeway foundation will project into and below the public right-of-way.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That a franchise or right is granted to 855 N. Wolfe Street, LLC, 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 private single story pedestrian bridgeway that will connect the building being constructed by the Grantee on the north side of East Madison Street to an existing building located on the south side of East Madison Street, by crossing the East Madison Street right-of-way, located within an aerial easement area more particularly described as follows:
Beginning for the same at a point on the existing northerly right-of-way line of East Madison Street, said point being 108.69 feet east of the corner formed by the intersection of the existing northerly right-of-way line of East Madison Street, 66 feet wide, and the existing easterly right-of-way line of North Wolfe Street, 70 feet wide, with all the bearings and distances being referenced to the Baltimore Survey Control System and having coordinates of North 776.6497 and East 7025.1104, thence running with and binding on the aforesaid existing northerly right-of-way line of East Madison Street, (1) North 87 degrees 15 minutes 17 seconds East 15.67 feet to a point in the aforesaid existing northerly right-of-way line of East Madison Street, thence leaving said right-of-way and running in a southerly direction across East Madison Street to the existing southerly right-of-way line of East Madison Street (2) South 02 degrees 44 minutes 53 seconds East 66.00 feet, to intersect the aforesaid existing southerly right-of-way line of East Madison Street, thence running with and binding on the aforesaid existing southerly right-of-way line, (3) South 87 degrees 15 minutes 17 seconds West 15.67 feet to a point on the aforesaid existing southerly right-of-way line, thence leaving the said right-of-way and running in a northerly direction across East Madison Street, (4) North 02 degrees 44 minutes 53 seconds West 66.00 feet to the place of beginning.
The easement shall be approximately 15.67 feet wide by 66 feet long and shall be approximately 41 feet above the street bed at its lowest point and shall have a maximum top elevation of 58 feet, more or less.
Containing approximately 1,034 square feet in plane, or 0.0237 acres, more or less.
No signage or banners may be attached to the bridgeway as part of this agreement.
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, a portion of which will project into and beneath the southern right-of-way of East Madison Street, located within an easement area more particularly described as follows:
Beginning for the same at a point on the existing southerly right-of-way line of East Madison Street, said point being 108.83 feet east of the corner formed by the intersection of the easterly right-of-way line of North Wolfe Street, 70 feet wide, and the southerly right-of-way line of East Madison Street, 66 feet wide, said point also having Baltimore City coordinates of North 715.9383 and East 7136.9793 and with all bearings and distances being referenced to the Baltimore City Survey Control System, thence running with and binding on the aforesaid existing southerly right-of-way line of East Madison Street, (1) North 87 degrees 15 minutes 17 seconds East 27.17 feet to a point in the aforesaid right-of-way, thence leaving said right-of-way and running in a northerly direction, (2) North 02 degrees 44 minutes 43 seconds West 4.53 feet to a point in the right-of-way of East Madison Street, thence (3) South 87 degrees 15 minutes 17 seconds West 27.17 feet to a point in the right-of-way, thence (4) South 02 degrees 44 minutes 43 seconds East 4.53 feet to the place of beginning.
Containing approximately 123.08 square feet in plane, or 0.0028 acres, more or less.
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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