CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Adopt an Ordinance granting a limited franchise agreement for 1894, LLC for location of a railcar on Front Street. (PWD) Public Works Director Jeff Whitten

 

AGENDA DATE:  12/04/2017

ITEM#:  13 

DEPARTMENT:   Public Works

DATE SUBMITTED:  11/22/2017

PREPARED BY: Jeff Whitten

SUBJECT: Limited Franchise Agreement

EXHIBITS: Ordinance and Franchise Agreement

APPROVAL:

 

 

EXPENSE REQUIRED: $0

AMOUNT BUDGETED: $0

APPROPRIATION REQUIRED: $0

SUMMARY: David Peavy, through 1894, LLC is looking to place a railcar within the street right-of-way of Front Street to be utilized as a coffee house.

BOARD ACTION: The City Manager and staff recommend board approval.

EMERGENCY CLAUSE:  No emergency clause is requested.

 

ORDINANCE NO. ______

AN ORDINANCE GRANTING A LIMITED FRANCHISE AGREEMENT FOR 1894, LLC FOR LOCATION OF A RAILCAR IN THE FRONT STREET RIGHT OF WAY TO USE AND OCCUPY THE SAME FOR THE PURPOSE OF OPERATING A COFFEE SHOP AND/OR RESTAURANT; AND FOR OTHER PURPOSES

 

WHEREAS, 1894, LLC, requests a limited franchise agreement for location of a railcar on Front Street in which said applicant will operate a coffee shop and/or restaurant; and,

WHEREAS, the right of way to be used and occupied shall not exceed 2,103 square feet (97.8’ x 21.5’) generally running along the south side of the sidewalk situated immediately south of Front Street Festival Plaza with the north boundary being along the south edge of the sidewalk and the west boundary being situated 30.6’ east of the back of curb on the east side of Olive Street.

WHEREAS, all improvements made by 1894, LLC, shall require prior approval from the City of Texarkana, Public Works Department, Fire Department, Water Department, Historic District Commission, and/or any other Committees required by the request; and,

            WHEREAS, the agreement to allow private improvements may be terminated early for reasons of street widening, public safety, abandonment or non-use with written notice provided to the Grantee; and,

            WHEREAS, Grantee shall have one hundred eighty (180) days to remove private property from the ROW and restore the ROW from the date of written notice of termination; and,

            WHEREAS, Grantee shall indemnify and hole the City harmless from all cost, expenses and damages to persons or property arising directly or indirectly out of the construction, maintenance or operation of the improvements in the ROW; and,

            WHEREAS, the City Manager and staff recommend approval;

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas, that 1894, LLC, is hereby granted the non-exclusive use of the right-of-way on Front Street in the location and for the purposes described above, and the City Manager is authorized and directed to enter into a Franchise Agreement with 1894, LLC, covering said right-of-way in form and substance acceptable to the City Manager and the Public Works Director.      

PASSED AND APPROVED this 5th day of December, 2017.

 

_____________________________

Ruth Penney Bell, Mayor

 

 

 

ATTEST:

 

________________________________

Heather Soyars, City Clerk

 

 

APPROVED:

 

________________________________

George M. Matteson, City Attorney


CITY OF TEXARKANA

FRANCHISE AGREEMENT

1894, LLC

305 FRONT STREET, TEXARKANA, AR

STATE OF ARKANSAS                                  

                                                                    KNOW ALL PERSONS BY THESE PRESENTS

COUNTY OF MILLER                           

 

Pursuant to Ordinance No. ______ of adopted by the Board of Directors of the City of Texarkana, Arkansas, on _____________________________________, the City Manager on behalf of the of the City of Texarkana, Arkansas (the “City” “Grantor”) and 1894, LLC, hereinafter referred to as "Grantee" do enter into this Franchise Agreement (this “Agreement”), covering the following described public right-of-way (“ROW”), located in the City of Texarkana, Miller County, Arkansas:

 

_______________________________________________________________________________________________________________________________________________________

 

 

Section 1. CONSTRUCTION AND MAINTENANCE OF FACILITIES

 

Grantee has non-exclusive right and privilege to use and occupy the ROW to install a immobile rail car to be used as or in connection with a coffee shop and/or restaurant.  Grantee shall maintain the facilities in a like new condition.  Grantee shall keep the improvements in the ROW in good condition and repair, safe for public travel, and free from snow, ice dirt, little and debris, to the satisfaction of the Public Works Director.  The City is not liable or responsible for performance of repairs or replacement of the improvements installed in the ROW by Grantee - including without limitation, because of an intentional act or negligence of the City.  The City shall have no obligation to the ROW, nor any areas adjacent thereto.  The City will have no liability for any damage to any portion of the improvements installed by Grantee pursuant to this Agreement. 

 

Section 2. SUPERVISION BY CITY

 

All improvements made by Grantee shall require approval by the City of Texarkana, Public Works Department, and, to the extent otherwise refunded by applicable law, the Board of Directors of the City of Texarkana, Arkansas Building plans, surveys, or other documents needed to review proposed improvements shall be submitted by the Grantee to the City and prepared by professionals in the field of engineering, architecture, and surveying.  Construction permits, if necessary, may be required and City inspectors shall inspect the work. 

 

Section 3. STREET RIGHT-OF-WAY TO BE RESTORED TO GOOD CONDITION

 

The surface, sub grade, underground utilities, and underground facilities of the ROW disturbed or damaged by the Grantee in building, construction, renewing or maintaining its facilities shall be restored within a reasonable time after completion of the work in compliance with the applicable provisions of the Code of Ordinances and maintained to the satisfaction of the City.  Grantee shall maintain all improvements installed hereunder in good, working order and good condition at all times.  If, after thirty (30) days written notice, Grantee fails to make any repairs, the City may, but shall not be required to, remove and dispose of all Grantee’s improvements at Grantee’s cost.  Prior to any expiration or termination of this Agreement, Grantee shall cause Grantee’s improvements to the ROW to be removed and shall restore the ROW to the then current city standards, or otherwise as required by the City.

 

Section 4. COMPENSATION TO THE CITY

 

None.

 

Section 5. SUCCESSORS AND ASSIGNS

 

The rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns; provided, however, Grantee may not assign its rights hereunder without the prior approval of the Board of Directors of the City.

 

Section 6. PERIOD OF AGREEMENT

 

This agreement shall be in full force and effect for the period beginning with the effective date hereof and ending fifty (50) years after such date.  This Agreement may be extended for an additional fifty (50) year period if mutually agreed to in writing by both parties with the approval of the Board of Directors.  Written request for extension shall be the responsibility of the Grantee and due prior to December 31 of the calendar year, prior to expiration. 

 

Grantee may terminate this Agreement at any time upon ninety (90) days written notice to the City. 

Upon 180 days written notice the Grantee, the City may terminate this Agreement for reasons of street widening, public safety or upon a determination by the Board of Directors of the City that the Grantee’s use of the ROW has been abandoned or in violation of this Agreement. 

 

Section 7. INDEMNITY

 

The Grantee shall indemnify and hold the City harmless from all cost, expenses (including attorney’s fees) and damages to persons or property arising directly or indirectly out of, or in any way related to, this Agreement, Grantee’s use or occupancy of the ROW, or the construction, maintenance or operation of Grantee’s improvements in the ROW.

 

Section 8. NOTICE

 

For any purposes related to this Agreement, notice to the City shall be to:

 

City Manager, City of Texarkana, AR, P.O. Box 2711, Texarkana, Arkansas 75504

 

Notice to the Grantee shall be to:

 

1894, LLC, __________________________________________________________________

 

Notice will be effective upon delivery at the above addresses until the City or Grantee notify the other, in writing, of the change of address or contact person.

 

Section 9. PARTIAL INVALIDITY AND REPEAL PROVISIONS

 

If any Section, sentence, clause, or phase of this Agreement is for any reason held to be illegal, ultra vires or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this Agreement.

 

This Agreement shall commence as of the effective date below.

 

            EXECUTED this ______ day of ______________, 2017 (the “Effective Date”).

 

           

City of Texarkana, AR                                                1894, LLC      

 

 

________________________                                     ________________________

City Manager                                                              Name:                                     

                                                                                    Title:                                                                                                                                                   

 

 

Attest:

 

 

________________________

City Clerk