Baltimore City Council
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File #: 21-0083    Version: 0 Name: Franchise - Gas Regulator Station Utility at Lower Gwynns Falls Park
Type: Ordinance Status: Enacted
File created: 5/17/2021 In control: Baltimore City Council
On agenda: Final action: 12/29/2021
Enactment #: 21-102
Title: Franchise - Gas Regulator Station Utility at Lower Gwynns Falls Park For the purpose of granting a franchise to Baltimore Gas and Electric Company to construct, use, and maintain a gas regulator station utility, subject to certain terms, conditions, and reservations; and providing for a special effective date.
Sponsors: City Council President (Administration)
Indexes: Franchise
Attachments: 1. 21-0083~1st Reader, 2. Fire 21-0083, 3. Parking 21-0083, 4. Law 21-0083, 5. DOT 21-0083, 6. DHCD 21-0083, 7. Planning 21-0083, 8. 21-0083 Comptroller, 9. 21-0083 Letter of Support - Gwynns Falls Community Association, 10. 21-0083 Agenda 10-19-21, 11. 21-0083 - Bill Synopsis, 12. 21-0083 Hearing Notes, 13. 21-0083- Voting Form, 14. 21-0083 Minutes, 15. BOE 21-0083, 16. 3rd Reader Floor Amendment 21-0083(1)_ 1st (Porter - Floor), 17. 21-0083(2)~3rd Reader, 18. 21-0083 Signed, 19. Completed Ordinance 21-00083
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
1/10/20220 Mayor Signed by Mayor  Action details Meeting details Not available
12/9/20210 Baltimore City Council Approved and Sent to the Mayor  Action details Meeting details Not available
12/6/20210 Baltimore City Council Held for 1 meeting  Action details Meeting details Not available
11/15/20210 Baltimore City Council 3rd Reader, for final passage  Action details Meeting details Not available
11/1/20210 Baltimore City Council Held for 1 meeting  Action details Meeting details Not available
11/1/20210 Economic and Community Development Recommended Favorably  Action details Meeting details Not available
10/19/20210 Economic and Community Development Recommended FavorablyPass Action details Meeting details Not available
10/18/20210 Economic and Community Development Scheduled for a Public Hearing  Action details Meeting details Not available
9/13/20210 Economic and Community Development Scheduled for a Public Hearing  Action details Meeting details Not available
5/20/20210 Baltimore City Council Refer to Board of Estimates  Action details Meeting details Not available
5/20/20210 Baltimore City Council Refer to Dept. of Transportation  Action details Meeting details Not available
5/20/20210 Baltimore City Council Refer to Fire Department  Action details Meeting details Not available
5/20/20210 Baltimore City Council Refer to Parking Authority Board  Action details Meeting details Not available
5/20/20210 Baltimore City Council Refer to Dept. of Planning  Action details Meeting details Not available
5/20/20210 Baltimore City Council Refer to Dept. of Housing and Community Development  Action details Meeting details Not available
5/20/20210 Baltimore City Council Refer to City Solicitor  Action details Meeting details Not available
5/20/20210 Baltimore City Council Refer to Office of the Comptroller  Action details Meeting details Not available
5/17/20210 Baltimore City Council Introduced  Action details Meeting details Not available
5/17/20210 Baltimore City Council Assigned  Action details Meeting details Not available

                     Introductory*

 

                     City of Baltimore

                     Council Bill          

                                                                                                                                                           

Introduced by: The Council President

At the request of: The Administration (Department of Recreation and Parks)                                 

 

                     A Bill Entitled

 

An Ordinance concerning

title

Franchise - Gas Regulator Station Utility at Lower Gwynns Falls Park

For the purpose of granting a franchise to Baltimore Gas and Electric Company to construct, use, and maintain a gas regulator station utility, 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)

 

Section 1.  Be it ordained by the Mayor and City Council of Baltimore, That a franchise or right is granted to Baltimore Gas and Electric Company, 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 gas regulator station utility at Lower Gwynn’s Falls Park, the location being described as follows:

 

Beginning for the same at a point on the northeasterly side of Hurley Avenue, 33 feet wide, as shown on Baltimore City Plat File Nos. 100-B-40, 248-A-7A & 132-A-1D the point being distant North 28º 51’ 24” West 184.21 feet from the intersection formed by the northerly side of Wilkens Avenue 100 feet wide, and the northeasterly side of Hurley Avenue; thence departing the point so fixed and binding on and running with the northerly side of Hurley Avenue by the following 2 courses and distances, with all bearings herein being referred to the Baltimore City Coordinate System as now surveyed:

 

(1)                     North 28º 51’ 24” West for a distance of 11.47 feet to a point; and thence:

 

(2)                     North 33º 06’ 50” West for a distance of 3.54 feet to a point; thence departing  Hurley Avenue and running through Lot 2 of “Lower Gwynn’s Falls Park” by the following 8 courses and distances

 

(3)                     North 61º 08’ 36” East for a distance of 16.05 feet to a point; thence

 

(4)                     South 89º 19’ 59” East for a distance of 57.76 feet to a point to a point; thence

 

(5)                     North 00° 40’ 01” East for a distance of 20.45 feet to a point; thence

 

(6)                     North 89º 19’ 59” West for a distance of 10.00 feet to a point to a point; thence

 

(7)                     North 00° 40’ 01” East for a distance of 20.00 feet to a point; thence

 

(8)                     South 89º 19’ 59” East for a distance of 10.00 feet to a point to a point; thence

(9)                     North 00° 40’ 01” East for a distance of 14.55 feet to a point; thence

 

(10) South 89º 19’ 59” East for a distance of 36.88 feet to a point to a point intersecting in

transit, the line of division between Lot 1 and Lot 2, as shown on Baltimore City Block Plat 2135A, at 30.50 feet the intersection point being located North 00° 40’ 01” East 234.45 feet from the northerly side of Wilkens Avenue; thence continuing through Lot 1 by the following three (3) courses

 

(11) South 82º 12’ 53” East for a distance of 174.10 feet to the westerly side of a 40’ gas

easement as described in Baltimore City Ordinance 1007, dated May 17, 1979, as Easement #2; thence binding on the easement,

 

(12) South 23° 45’ 38” West for a distance of 15.00 feet to a point; thence departing the

gas easement and continuing through Lot 1,

 

(13) South 82º 12’ 53” East for a distance of 168.87 feet to a point; thence through Lot 1

and Lot 2,

 

(14) North 89º 19’ 59” West for a distance of 15.94 feet to a point to a point intersecting

in transit, the line of division between Lot 1 and Lot 2, as shown on Baltimore City Block Plat 2135A, at 5.44 feet, said point being located North 00° 40’ 01” East 219.49 feet from the northerly side of Wilkens Avenue; thence

 

(15) South 00° 40’ 01” West for a distance of 55.00 feet to a point; thence

 

(16) North 89° 19’ 59” West for a distance of 73.80 feet to a point and thence

 

(17) South 61° 08’ 36” West for a distance of 11.84 feet to a point to the place of

beginning.

 

Containing 5,463 square feet or 0.1254 acres of land as per survey calculations.

 

Being the same lands as shown on a plat attached hereto and intended to be recorded herewith entitled, “City of Baltimore Department of Public Works, Office of Engineering and Construction, Perpetual Easement for Municipal Utilities and Services through the Property of Mayor and City Council,” prepared for Baltimore Gas & Electric Company, prepared by EN Engineering and dated August 19, 2020.

 

This metes and bounds land description and the related survey work were prepared in accordance with the requirements of COMAR Title 9 Department of Labor, Licensing and Regulations Subtitle 13, Chapter 06, Minimum Standards of Practice as amended in May of 2017.

 

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 one-time franchise charge of $             .  The franchise charge must be paid within 30 days following the effective date of this Ordinance.

 

Section 4.  And be it further ordained, That:

 

(a) The term of the Franchise shall commence on the effective date of this Ordinance and terminate 25 years thereafter.

 

(b) Upon the request of the Grantee, at any time within one year prior to expiration of the rights granted herein, the City may, by ordinance, renew the grants by additional periods of 25 years each subject to all the terms and conditions of the renewing Ordinance.

 

Section 5.  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 6.  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 Director of the Department of Recreation and Parks.  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 7.  And be it further ordained, That at the option of the Mayor and City Council of Baltimore, acting by and through the Director of the Department of Recreation and Parks, 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.

 

Section 8.  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 9.  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 Director of the Department of Recreation and Parks, and (iii) completed within the time specified in writing by the Director of the Department of Recreation and Parks.

 

Section 10.  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 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, except for activities caused by the sole negligent act or omission of the City, its elected/appointed officials, employees, agents, and volunteers arising from the activities permitted by this Franchise.

 

Section 11.  And be it further ordained, That this Ordinance takes effect on the date it is enacted.