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5321ORDINANCE NO. 5321. V AN ORDINANCE REITEWIITG AND EXTEITDING THE PROVISIONS OF ORDINANCE NO. 1827, APPROVED MAY 6, 1912, GRANTING TO THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COID?Alily, ITS SUCC3S_ SORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, 1j"AINTAIN AND OPE_ RATE A SPUR TRACK ACROSS EAST SECOND STREET A11D AOR088 REC- TOR AVENUE, LITTLE ROCK, ARKANSAS, AIM FOR OTHER PURPOSES. WHEREAS, The Chicago, Rock Island & .R r way Company maintains and operates a switch track as herein- after described pursuant to the provisions of Ordinance No. 1827, approved I-lay 6, 1912, and ' WHEREAS, the rights granted under said ordinance and resolution expire by limitation on the let day of Jan- nary, 1937, and it is desired to renew and extend same up- on the conditions hereinafter set out; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LIT- TLE ROCZ; Section 1. The Chicago, Rock. Island & Pacific Railway Company, its successors and assigns, are hereby given the right and authorized to construct, maintain and operate a spur track of standard guage, commencing at a point in the center line of the track now constructed, or to be construct- ed, under Ordinance No. 1744 of the City of Little Rock, in the alley of Block Three (3), Russell's Addition to the City of Little Rock, fifty -six (56) feet south of the north line of said block, and running thence in a northerly direction s. faist, U90m-A 4treet t.o the south property i-A*_ two (2) of said Russell's Addition, said track being immediate. 1y west of the spur track of the said Railway00mpany now cen4, struoted, or to be constructed, under Ordinance No. 17". afore- ,said; and also across Rector Avenue, from a point about fifteen (15) feet south of the line between Lots Three (3) and Four (4) in Block Two (2) Russell's Addition, running thence in a westerly di- rection and entering Block Five (5), Pope's'Addition, at a point about six (6) feet south of the line between Lots Nine (9) and Ten (10), in said last mentioned block. Section R. Whenever a change in grade is established in the streets mentioned herein by the City, after notice is given to said Railway Company, said Company shall, at its own expense, conform and adjust its tracks and railway to such changed or altered grade, and such adjustment shall commence immediately-after receipt of said no- tice and progress as rapidly as possible until completed, and the tracks shall be laid so that the top of the rail shall be on the grade as now, or which may be, established by the city; and on all streets which may be hereafter or are now paved, macadamized, or otherwise improved, said company shall.construct and maintain be- N tween the rails and two feet on each outside thereof a roadway of like character and material. Said company, in running or switching its cars or trains on said streets, shall at all times keep the streets and sidewalks free from obstruction or blockade of its cars and not stop or delay travel or traffic thereon, and it is hereby declared to be a nuisance for said company to stop or delay travel or traf- fic upon said streets or.sidewalks. Said company shall construct and maintain a swinging gate across its tracks even with the proper- ty line on each side of Rector Avenue and Second Street. Said gates shall ^remain open except when a train or engine is passing through, and said company shall attend to raising and lowering the said &004 so as to cause the least possible delay to street traffic. Section 3. For this grant the said Railway Company shall pay - 2 - to the City Fifty Dollars (0, 50.00 per year in advance, on January 1st of each year. Section 4. This ordinance shall become effective Jan- uary 1, 1937, and remain in full force and effect until Jan uary 1, 1962. Passed Pasch 9, 1936. Appr o v Attest: Mayor. City Clerk.