4121r
ORDINANCE NO. 4121.
M
AN ORDINANCE AUTHQRIZING THE MAYOR AND
i�
BOA OF PUBLIC AFFAIRS TO ENTER INTO A CONTRACT WITH THS
IG ROCK STONE AND MATERIAL COMPANY, EXTENDING LEASES TO
CERTAIN LANDS, AND FOR OTHER-' P -DES-.
WHEREAS, On May 1st, 1919, the City of Little Rock,
Ar"aees through its Mayor and its Board of Publio Affairs, aho
had been thereunto duly authorized by a resolution theretofore
regularly and properly, adopted and passed by the City Council of
said City, made and entered into a contract with the Miller-
Butterworth Company, an Arkansas corporation, under and by which
said City leased unto the corporation the following parcel of
land situate in the City of Little Rock, County of Pulaski and
State of Arkansas, to -wit:
All that tract of land known as the "Jeuryens tract",
bounded on the north by the Arkansas River, on the east by
the west property line of Ashley Street extended, on the
south by the north right -of -way line of the Missouri-
Pacific railroad, and on the west by the east property
line of Spring Street exteiA d being a portion of _ = "
City River Front property, title to which was vested in
the City of Little Rock by the decision of the Supreme
Court of Arkansas in the case of the City of Little Rook
vs. Jeuryens; -
WHEREAS, On March 16th, 1925, the City of Little Rock,
Arkansas, acting by and through its Mayor and its Board of Public
Affairsq who had been thereunto duly authorized by a resolution there-
tofore regularly passed and adopted by the City Council of said City,
made and entered into a contract with the Southern Material &
Construction Company, an Arkansas corporation, under and by which there
were added to the premises included within and covered by the above-
or _ mentioned lease, the following lands, situate in the id City o
Little Rook, County of Pulaski, State of Arkansas, to -wit:
The property lying between the west line of Ashley
Street extended, and the east line of Ashley Street exT
tended,which was to be made and created by building and
filling over the extension to the Ashley Street sewer
referred to and provided for in said contract of March 16th,
1925;
WHEREAS, The lease first above - mentioned was, f a a valuable
consideration, by said Miller- Butterworth Company duly transferred
and assigned to the Southern Material & Construction Company prior
Page -2- Ord. No. 4121,
to said 16th day of March, 1925;
WHEREAS, The lease entered into, as aforesaid, by the City
of Little Rock, as Lessor, and the Miller- Butterworth Company, as
Lessee, on May 1st, 1919, and the contract entered into as afore-
said March 16th, 1925, between the City of Little Rock, As Lessor,
and the Southern Material & Construction Company, as Lessee, were,
subsequent to the 16th day of March, 1925, assigned and transferred;
for value, to the Big.Rock Stone & Material Company;
WHEREAS, The term of said lease executed May lst, 19191
and the term of the lease contract executed March 16th, 1925, expire {,
i
on the 30th day of April, 1934;
WHEREAS, It is desirable from the standpoint of the City of
Little Rock, that the terms of said leases, both that created by and
under the contract of May 1st, 1919, and that created by and under
the contract of March 16th, 1925, be extended for the timo sand
the terms and conditions hereinafter set forth and that there be
added to and included in the leased premises the following tracts
of land situate in the City of Little Rock, County of Pulaski and
o
State of Arkansas, to -wit,i
The tract of land adjacent and east of the tract now
under lease to said company, bounded on the west by the
east property line of Ashley Street extended, on the
south by the north line of the Missouri-Pacific Railroad
Company's right -of -way, on the east by a line sixty feet
(601) east of and parallel to the east property line of
Ashley Street extended and on the north by the harbor line
of the Arkansas River, as now or hereafter established;
The tract of land bounded on the east by the west
line of the tract now and heretofore under lease to said
company, on the south by the north line of the Missouri-
Pacific Railroad Company's right -of -way, on th-e west by
the west property line of Broadway Street and on the north
by the harbor line of the Arkansas River, as now or here -
after established;
WHEREAS, The Big Rock Stone & Material Company is desirous
Cage -3- Ord. No. 4121.
of extending the terms of said leases for the period of time and
upon the terms and conditions hereinafter set forth, provided,
there can be added to and included in the leased premises the
tom. tracts of land last above described; and the said company
agrees to enter into a contract with the said City through its
Board of Public Affairs to pay as rental for the above- desoribed
lands, including the tracts last above referred to, the sum of One
Hundred Fifty Dollars ($150.00) per month throughout and during the
term hereof, said sums to be paid monthly in advance, and to do and
perform the other conditions and things herein required;
WHEREAS, The Big Rook Stone & Material Company is, by
reason of the business in which it is engaged, in position to obtain
at minimum expense material with which to fill and extend the leased
lands; and
AREAS, The company ^ is willing to agree as part 6f--the
consideration for the use of said lands:
(1) When the Lessor so requests, or when Lessee deems the
time proper so to do, Lessee.will exercise its best endeavors
with a view to securing from the govdrnment of the United
States assent to the re- location of the harbor line in front
of said lands upon a line situate north of the present location
of said harbor line;
(2) The Lessee the but
the leased premises with dirt or
all fills shall be so placed as to effect a gradual increase
in the grade of said lands and in their extent;
(3) In order to protect the openings of the sewers
opening or extending to or through the leased lands at the
feet of Broadway; Street and Spring Street, reppectively,
from such extension of the area of the leased lands as may be
accomplished during the term of the lease, to extend each of
said sewers in good and workmanlike manner to the satisf action
of the Lessor's City Engineer, so that their outlets and when
upon the harbor line as said line into' ,
a re- location thereof shall have been obtained by Lessee, the
work of extending said sewers to be begun within a reasonable
time after the re- establishment of said harbor line and to be
prosecuted to completion *ith proper dispatch, no such extension
to be of size greater than the sizes of said sewer openings at
the present time.
F_
fi
Page -4- Ord. No. 4121.
BE IT, THEREFORE, ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF LITTLE ROCK, ARKANSAS:
Seca 1. That the Mayor and the Board of Public Affairs of
be,
and they hereby
are,
authorized, empowered and
directed
to enter into
a contract with
the
Big Rook Stone & Material
Company,
its successors and assigns, extending said leases to a period ending
on the 30th day of April, 1941, at a monthly rental of One Hundred
Fifty Dollars ($150.00), payable monthly in advance, and extending
said leases, furthermore, so that the leased premises shall be and
constitute the following parcel of-land, situate in the City of Little
Rock, County of Pulaski and State of Arkansas, to -wit:
The tract or parcel of land bounded on the south
by the north line of the Missouri- Pacific Railroad
Company's right -of -way; on the east by a line sixty
feet (601) east of,and parallel to the east property
line of Ashley'`Street extended-, on the west by the west
property line of Hr- oadiray Street extended and on the
north by the harbor lima of the Arkansas River as the
same may now or-hereafter be established (so far as the
City's interest may extend);
that the Big Rock Stone & Material Company, the Lessee, shall have
the privilege of renewing said lease for a period of five (5) years
from the 30th day of April, 1941, at the said monthly rental of Otte
Hundred Fifty Dollars ($150-00); that all of that portion of the
term hereof which begins on the 1st day of May, 1934, and ends on
the 30th day of April, 1941, shall be subject to the terms and
conditions set forth in Section three (3) hereof and all that portion
of the term hereof subsequent to the 30th day of April, 1941, shall
be subject to the terms and conditions set forth in section four (4)
tereof.
Sec. 2. By way of further consideration for said lease
and for the use and occupancy of said premises Lessee agrees that:
(1) When Lessor so requests, or when Les
time proper so to do, Lessee will exercise its
with a view of securing from the government of
States assent to the re- location of the harbor
of said lands upon a line situate north of the
of said harbor line;
see deems the
best endeavors
the United
line in front
present location
66 R
Page -5- Ord. No. 4121.
(2) The Lessee shall have the right to fill any
part of the leased premises with dirt or other suitable
materials; but all fills shall be so placed as to eif ect
a gradual increase in the grade of said lands and in
their extent.
(3) In order to protect the openings of the sewers
opening or extending to or through the leased lands at the
feet of Broadway Street and Spring Street, respectively,
from such extension.of the area of the leased lands as
may be accomplished during the term of the lease, Lessee
will extend each of said sewers in good and workmanlike
manner to the satisfaction of the Lessor's City Engineer,
so that their outlets shall be upon the harbor line as said
line may be located, if and when a re- location thereof shall.
have been obtained by Lessee, the work of extending said
sewers to be begun within a reasonable time after the re-
establishment of said harbor line and to be prosecuted to
completion with proper dispatch, no such extension to be
of size greater than the sizes of said sewer openings at
the present time.
Sec. 3. The Lessee shall not be disturbed in the sole
and peaceable possession of the premises or of any part thereof, prior
to the 30th day of April, 1934, but at any time after said 30th day
of April, 1934, and prior to the 30th day of April, 1941, in the
event that the City -shall desire said lands for park purposes the
Lessee shall and will, when and after (a) the City shall have given
the Lessee one (1) year's notice of its intention and desire, (b)
there shall have been made, at Lessor's expense, by a competent and
nationally known appraisal company, selected by Lessee and approved
by the City, an appraisal and valuation of all improvements which
shall have been made, erected, constructed or placed by the Lessee
upon, in or about the said lands or any addition thereto which may
halve been created
by the Lessee after
this date
and (c) the City
,*hill have paid to
the Lessee-the full
value, as
fixed by said
appraisal company, of all improvements which the Lessee shall have
made,
constructed, erected or placed
as aforesaid, less the
appraised
value
of such of said improvements as
the Lessee may elect
to remove
and retain for its own purposes (such election and removal to be
made and effected within one (1) year from and after the date of
the completion of said appraisal) peaceably quit and surrender said
Page —6— Ord. No. 4121.
lands to the City; and this lease and the rights of the Lessee there-
in and thereunder shall thereafter be at an end.
Sec. 4. In the event that at any time subsequent to the
30th day of April, 1941, the Lessor shall desire the said lands
for city purposes the Lessee shall and will, within one {1) year
after the receipt by it from Lessor of written notice of Lessor's
intention and desire, peaceably quit and surrender said lands to the
Lessor. During the one —year period following the receipt of said
notice, the Lessee may remove from said lands, and may retain for
its own use and benefit, all improvements, including, among other
things, buildings, sheds, warehouses, loading and unloading bins
and elevators, platforms, machinery, equipments switch tracks and
spur tracks, etc., which it may have placed, made, erected or
constructed on or upon the said lands or any addition thereto vhich
:a
may have been created by Lessee during the term hereof. All such -_
improvements as Lessee can not or shall not have removed from the
said premises before the expiration of one (1) year following the date
of said notice shall, at the end of said year, become,and thereafter
be, the property of Lessor without the payment by Lessor of any consid-
eration therefor.
Sec. 5. No building or other structure save only a rail-
road switch track or spur track or tracks shall be placed, erected
or- construoted on the west one hundred fifty feet (150') of the
leased premises.
Sea. 6. At no time during the term hereof shall there
be installed on the east sixty feet (601) of the leased premises any
machinery that will or may create noises constituting a nuisance to
Page -7- Ord. No. 4121.
j otZting property.
All ordinances and parts of ordinances in
are hereby repealed.
It I X*PLM&: ,
Approved: AQ�
Passed; Abecxxxxx xk*cxOC
Januar y 24 .
1 2 � 9 7
Attest:
City Clem
t n
✓S