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ORDINANCE NO. 832k
AN ORDINANCE GRANTING A RIGHT OF VjAY OVER AND ALONG CERTAIN
STREETS AND ALLEYS TN THE CITY OF LITTLE ROCK, ARKAYSAS, TO
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, AND PRE-
SCRIBING THE TERMS AND CONDITI OYS OF SUCH GRANT:
WHEREAS, Chicago, Rock Island and Pacific Railroad Company,
as the successor of the Choctaw and Memphis Railroad Company, main-
tains and operates a switch track, as hereinafter described, pur-
suant to the provisions of Ordinance No. 790, approved March 15,
1900, and a resolution approved April 1, 1901; and Ordinance No.
4538, approved February 3, 1930; and Ordinance No. 6191, approved
May 5, 1941; and
WHEREAS, the rights granted under said ordinance and resolution
will expire by limitation on or about the 5th day of March, 1950, and
it is desired to renew and extend same upon the conditions herein-
after set out,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LITTLE ROCK, ARKANSAS:
SECTION 1. The right of way be and the same is hereby given
and granted to Chicago, Rock Island and Pacific Railroad Company,
its successors, lessees and assigns to lay, maintain and operate a
single track switch, sidings or spurs, as the same are now construct-
ed and maintained, from a point on the east line of McLean Street
produced northerly near the intersection of Fourth and McLean Streets,
across McLean Street to the east line of Block Six (6), Rectortown
Addition; thence northwesterly across said Block Six (6) to a point
at or near Third Street; thence west along Third Street to Sherman
Street; thence in a northwesterly direction across Block Ten (10) ,
Pope's Addition, across Second Street and across the southeast cor-
ner of Block Eight (8), Pope's Addition to the alley in said block
running east and west; thence west along the center of said alley,
the same being the center of said block, to Rock Street; thence
across Rock Street to the center of the alley in Block Thirty -six
(36); thence west along the center of said alley, the same being
the center of said block, tc Cumberland Street; thence across Cumber-
land Street to a point in the center of the alley in Block Thirty -
three (33); thence along the center of said alley, the same being the
center of said block, to Scott Street; thence across Scott Street to
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the center of the alley in Block Two (2), the same being the center
of said block; thence west along the center of said alley to the West
boundary of the alley running north and south through said block; al-
so a spur track upon Lots Three (3), Seven (7), Eight (8) and Nine (9)
Block Ten (10), Pope's Addition, across Second and Commerce Streets
parallel to the above described track, and intersecting Lot One (1),
Block Eight (8), in said addition at about the Southeast corner there-
of; thence across Lots One (1), Two (2) and Three (3) in Block Eight
(8), to the intersection of the alley running North and South along
said block; for the term of ten (10) years, from March 5, 1950, pro-
vided that the said railroad company, its successors or assigns shall
pay to the City Five Hundred Dollars (500.00) per annum in advance;
provided, further, that such railroad company shall promptly and im-
partially receive and deliver all cars that may be offered it by other
railroads, individuals or corporations at its nearest regular track
connection with the railroad, individual, or corporation offering the
same anywhere within the City limits as now or hereafter established,
and deliver the same on said switch and return said car to the point
at which it was received, for such charges as may be prescribed or
authorized by the properly constituted authorities of the State of
Arkansas or of the United States.
SECTION 2. Said Railroad Company shall conform to the grades as
now or hereafter established of each and every street it crosses and
traverses, so that the top of the rails are on a level with the street
grade, and the City reserves the right to alter or change such grades
whenever it may be necessary, and shall not be liable to the said
Railroad for any damage resulting therefrom, and also reserves the
right to require the said Railroad Company to conform to such new
grade without delay; provided that such railroad whenever it crosses
a public highway or street shall pave and maintain crossings between
rails of said railway and five (5) feet on each side thereof, with
hard surfacing approved by the City Engineer of Little Rock. If in-
spection by City Engineer reveals that the crossings are not being
maintained by the Railway Comm ny, in a safe and acceptable manner to
him, the Engineer shall notify said Railway Company in writing of the
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defects in the crossings and the Railway Company shall within thirty
days take the necessary steps to correct such defects. If at the end
of thirty days the work has hot been started towards the correction
of the defective crossing, the City shall take steps to correct the
defects at the expense of the Railway Company.
SECTION 3. The City Council reserves the right to control and
regulate the speed of all engines, trains or other rolling stock on
said siding, switches or spur tracks; also reserves the right to con-
trol and regulate the time in which said switching may be done. No
cars shall be permitted to stand.on any streets and alleys as are
crossed by it shall at all times be kept free from standing cars ex-
cept while switching -cars on or off the siding connected with said
main spur track.
SECTION 4'. This grant is upon the express condition that if the
railroad shall fail to comply with any of the provisions aforesaid.,
this privilege may be annulled at the suit of the City, or by ordin-
ance duly passed by the City Council.
SECTION 5. This ordinance shall take effect and be in force
from and after its passage and approval.
PASSED: June 5, 1950. APPROVED: a
r Mayor
7 ATTEST:
City Clerk