CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

 

AGENDA TITLE:  Adopt an Ordinance amending Ordinance No. 8-17 for the sale or transfer of the Grantee’s ownership interest in the residential units located at 215 Front Street and 105 Olive Street. (PWD) (Third Reading) Public Works Director Jeff Whitten

AGENDA DATE:  December 5, 2017 (First Reading November 6, 2017) (Second Reading November 20, 2017)

ITEM#:  9

DEPARTMENT:  Public Works

DATE SUBMITTED:  September 6, 2017

PREPARED BY:  Jeff Whitten, P.E., Public Works Director

SUBJECT:  Franchise Agreement for 1894, LLC (c/o David Peavy)

EXHIBITS: Ordinance and Ordinance No. 8-17.

APPROVAL TO PLACE THIS ITEM ON THE AGENDA:

EXPENSE REQUIRED $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY: Request to amend Ordinance No. 8-17 to allow David Peavy (1894, LLC), to sell or transfer ownership interest in the residential units in the building. The Grantee retains the non-exclusive right and privilege to use and occupy the public ROW for the operation of a commercial & residential building as specified in Ordinance No. 8-17.  The Grantee shall construct, erect, build, maintain and operate in, the above ground surface of a tract of land adjacent to 215 E. Front Street, Texarkana, AR consisting of Lots 18 thru 24 in Block 75 of the Original City Subdivision.  The said tract of land shall not exceed 28’ in width adjacent to the east property line of Lot 24 (along Olive Street), or 30’ in width adjacent to the south property line of Lots 18 thru 24 (along Front Street). All improvements and the placement of other amenities made by Grantee shall require approval by the City of Texarkana, Public Works Department, Fire Department, Water Department, Historic District Commission, and any other Committees depending on the request.

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

EMERGENCY CLAUSE:  This item will be approved by an ordinance, but it does not require an emergency clause.

 

 

ORDINANCE NO.______

 

AN ORDINANCE CONCERNING ASSIGNMENT AND NON-ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS OF 1894, LLC, UNDER ORDINANCE NO. 8-17; AND FOR OTHER PURPOSES

 

WHEREAS, pursuant to Ordinance No. 8-17, 1894, LLC (as “Grantee”), was granted a limited franchise to occupy certain public right-of-way (described and referred to therein as the “Franchise Area”) adjacent to certain property owned by Grantee (described and referred to therein as “Grantee’s Property”); and

WHEREAS, the franchise established by Ordinance No. 8-17 restricts assignment of the rights and obligations of Grantee under same without prior approval of the Board of Directors of the City of Texarkana, Arkansas, unless such assignment is in connection with the simultaneous sale or transfer of all of Grantee’s ownership interest in Grantee’s Property (and complies with certain other terms and conditions of Ordinance No. 8-17); and

WHEREAS, Grantee now contemplates the potential sale of individual residential units within and upon Grantee’s Property and, in conjunction therewith, the possible creation of a property owners’ association, and requests confirmation that the same shall not constitute violations of Ordinance No. 8-17; and

NOW, THEREFORE, BE IT ORDAINED, by the Board of Directors of the City of Texarkana, Arkansas that:

            Section 1. The creation of and sale of individual residential units located upon and within Grantee’s Property and the formation of a property owners’ association therewith shall not constitute a violation of the terms and conditions of Ordinance No. 8-17; provided, however, no rights or obligations of Grantee pursuant to Ordinance No. 8-17 shall be assigned or assignable in conjunction with the sale of any residential unit or formation of a property owners’ association.

            Section 2.  In the event of the sale of any individual residential units, the term “Grantee’s Property” as used in Ordinance No. 8-17 shall be deemed to exclude such units sold.

            Section 3.  All of Grantee’s rights and obligations pursuant to Ordinance No. 8-17 shall remain with Grantee; provided, that nothing contained herein shall be deemed restrict the existing ability of Grantee to assign all of Grantee’s rights and obligations upon terms and conditions specifically allowed by Ordinance No. 8-17 (including, without limitation Section 6 thereof), even if such qualifying assignment is to a property owner’s association.

            Section 4.  Except as set forth herein, the terms and conditions of Ordinance No. 8-17 remain unmodified and in full force and effect.

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

 

 

_____________________________

Ruth Penney Bell, Mayor

ATTEST:

 ________________________________

Heather Soyars, City Clerk

 

 

APPROVED:

________________________________

George Matteson, City Attorney