* 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 Transportation)
A Bill Entitled
An Ordinance concerning
title
Franchise - Installation of 5 Utilities/Ductbanks
For the purpose of granting a franchise to The Johns Hopkins University (Developer’s Agreement #1710) to construct, use, and maintain 5 utilities/ductbanks, 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
This project proposes to install private utilities/duct banks for the service and benefit of The Johns Hopkins University, the utilities/ductbanks to be located under Wyman Park Drive, to serve current and future buildings.
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That a franchise or right is granted to The Johns Hopkins University (Developer’s Agreement #1710), 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, 5 utilities/ductbanks, described as follows:
Being a portion of the public right of way known as Wyman Park Drive, as owned by the Mayor and City Council of Baltimore City.
Commencing at a drill hole set on the western right of way line of Wyman Park Drive a variable public right of way and the end of the sixth or North 31° 44’ 30” West 283.97 foot line of a conveyance from the United States of America to Wyman Park Health System, Inc. by a deed dated March 26, 1982 as recorded among the aforesaid Land Records in Liber CWM Jr. 4169 at Folio 386, thence binding on the sixth line and right of way as now surveyed by Whitman, Requart & Associates, LLP and referred to the Baltimore City Survey System, South 31° 40’ 06” East a distance of 195.36 feet to the point of beginning of the easement the point of beginning having a coordinate of North 10,310.803 and West 1,970.525, thence leaving the sixth line and crossing the right of way of Wyman Park Drive:
(1) North 58º 22’ 00” East a distance of 54.05 feet to the eastern right of way line of Wyman Park Drive and a point 127.34 feet distant from the end of a line designated number 13 or North 29° 40’ 50” West 178.91 foot line as shown on Sheet 2 of 2 of a plat entitled “Boundary Survey Property of Johns Hopkins University” dated September 16, 1999 as prepared by KCI Technologies, Inc., thence binding on the line of right of way;
(2) South 29º 41’ 47” East a distance of 21.01 feet, thence leaving line 13 and crossing the right of way of Wyman Park Drive;
(3) South 58º 22’ 00” West a distance of 53.33 feet to the western right of way line of Wyman Park Drive and the aforementioned sixth line of the conveyance to Wyman Park Health System, Inc., thence binding on the line and right of way;
(4) North 31º 40’ 06” West a distance of 21.00 feet to a point of beginning.
Containing 1,127 square feet or 0.0918 acres of land more or less. All as shown on sheet 5 of 10, (drawing C-4) of Developer’s Agreement 1710 on file with the Department of Transportation.
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 Transportation, 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 Director of Transportation. 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 Transportation, 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 Director of Transportation, and (iii) completed within the time specified in writing by the Director of Transportation.
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.