* 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 Over the 1500 Block of Presstman Street
FOR the purpose of granting a franchise to New Song Urban Ministries, LLC, to construct, use, and maintain a private pedestrian bridgeway above and across a portion of the 1500 block of Presstman Street right-of-way, connecting the New Song Academy building on the north side of Presstman Street with an Academic and Community building to be constructed on the south side of Presstman Street, 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
New Song Urban Ministries, LLC, is constructing approximately 11,462 square feet of multi-story space in new educational/community space and rehabilitating 6,578 square feet of existing space. The building will have classrooms, studios and meeting space on the south side of the 1500 block of Presstman Street. New Song Academy is opposite this space on the north side of Presstman Street.
New Song proposes to construct a one-story private enclosed pedestrian bridgeway over Presstman Street to connect these two buildings at the second-story level, providing a safe and convenient means for students, employees and visitors to travel between the two structures.
Portions of the private bridgeway will be located above and across 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 New Song Uban Ministries, 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 one-story private enclosed pedestrian bridgeway, approximately 66 feet long by 10 feet wide by 14 feet high and shall be approximately 17 feet above the street bed at its lowest point, that will connect the building being constructed by the Grantee on the south side of Presstman Street, to the New Song Academy building on the north side of Presstman Street, by crossing the Presstman Street right-of-way, located within an aerial easement more particularly described as follows:
Beginning at a point on the Southernmost right-of-way line of Presstman Street (66 feet wide) and also being distant North 87 degrees, 32 minutes 45 seconds East 83.0 feet from the Southeast corner of the intersection of Presstman Street and North Gilmor Street mentioned in the Deed dated February 6, 2001, recorded among the Land Records in the City of Baltimore in Liber 1079, folio 432, granted and conveyed by New Song Community Church, Inc. to New Song Urban Ministries, LLC, thence leaving the aforementioned point of beginning, with all bearings being referenced to the Baltimore City Topographical Survey Commission; (1) North 02 degrees 27 minutes 15 seconds West 66.0 feet to a point on the Northernmost right-of-way line of Presstman Street (66 feet wide), thence running with and binding on the Northernmost right-of-way line of Presstman Street (66 feet wide); (2) North 87 degrees 32 minutes 45 seconds East 10.00 feet to a point, thence leaving the Northernmost right-of-way line of Presstman Street (66 feet wide); (3) South 02 degrees 27 minutes 15 seconds East 66.00 feet to a point on the Southernmost right-of-way line of Presstman Street (66 feet wide), thence running with and binding on the Southernmost right-of-way line of Presstman Street (66 feet wide); (4) South 87 degrees 32 minutes 45 seconds West 10.00 feet to the point of beginning.
The easement shall be approximately 10 feet wide by 66 feet long by 14 feet high and shall be approximately 17 feet above the street bed at its lowest point.
Containing approximately 660 square feet in plane, or 0.015 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 General Services, 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 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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