7722. % A :.. - •
ORDINANCE NO. 7722
AN ORDINANCE TO PERMIT THE CONSTRUCTION AND MAINTENANCE OF A SPUR
TRACK FROM THE MISSOURI PACIFIC RAILROAD RIGHT OF WAY SITUATE
FORTY FEET MORE OR LESS WEST OF AIRPORT ROAD AND BEGINNING APPROXIMATELY
ONE HUNDRED FEET NORTHWEST OF THE INTERSECTION OF THE MISSOURI PACIFIC
RAILROAD COMPANY RIGHT OF WAY AND SECTION LINE BETWEEN SECTIONS ONE AND
TWELVE, TOWNSHIP ONE NORTH, RANGE TWELVE WEST, AND EXTENDING ACROSS
SAID AIRPORT LOAD IN AN EASTERLY DIRECTION TO A POINT UPON THE
PROPERTY OF THE SOUTHERN COTTON OIL COMPANY; AND TO REMOVE, RETIRE
AND VACATE A SPUR TRACK PRESENTLY EXISTING BEGINNING ON THE
" MISSOIM PACIFIC RAILROAD COMPANY RIGHT OF WAY.APPROXIMATELY
575 FEET.FROM THE SECTION LINE BETWEEN.SECTIONS ONE AND TWELVE,
TOWNSHIP ONE NORTH, RANGE TWELVE WEST, AND APPROXIMATELY.FORTY
FEET WEST OF AIRPORT ROAD, AND EXTENDING 50$ FEET MORE OR LESS
IN A NORTHERLY DIRECTION ONTO THE PROFE RTY OF THE SOUTHERN COTTON
OIL COMPANY.
WHEREAS, a petition was duly filed with the City Council of the City
of Little Rock on the 9th day of August, 1948, asking for the City
Council to authorize and empower it to lay, construct and maintain
a spur track from the Missouri Pacific Railroad Company right of way
situate and being forty feet more or less west of Airport Road and
beginning approximately 100 feet northwest of the intersection of
said Missouri Pacific Railroad Company right of way and the. Section
line between Sections 1 and 12, Township 1 North, Range 12 West,and
extending across said Airport Road in an easterly direction to such
a point upon the property of The Southern Cotton Oil Company as it
and The Southern Cotton Oil Company may desire; and to provide for
the removal and retirement of the presently existing spur track be-
�inning on the Missouri Pacific Railroad Company right of way ap-
proximately 575 feet from the Section line between Sections 1 and
12, Township 1 North, Range 12 West and approximately 40 feet west
of Airport Road, and extending 508 feet more or less in a northerly
direction across Airport Road, and onto the property of The Southern
Cotton Oil Company, and
WHEREAS, the Council''^• 'a
i RPM has ascertained that the
public welfare will not be adversely affected by the construction
and maintenance of said spur track, nor by the abandonment of the
said presently located spur track, NOW, THEREFORE: BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS:
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Section 1. That Guy A. Thompson,Tris-cee, I•iss-ovri Pacific
Railroad Company, Debtor, his successors and assigns are hereby
authorized and empowered to lay, construct and maintain a spur
track from the I•`issouri Pacific Railroad right of way situate and
being forty feet (40) more or less west of Airport Road and beginning
approximately one hundred (100) feet Northwest of the intersection
of said Missouri Pacific Railroad Company right of way and the
Section line between Sections 1 and 12, Township 1 North,Range
12 ^Jest, and extending across said Airport Road in an easterly
direction to such a point upon the property of The Southern Cotton
Oil Company as he and The Southern Cotton Oil Company may desire.
The said Trustee and the Missouri Pacific Railroad Company in lay-
ing said spur track are, at their own expense to conform to the
grades fixed or that may hereafter be fixed by the City Council
of the City of Little Rock, and said Trustee and said I,iissouri
Pacific Railroad Company, and their successors and assigns, agree
to keep said Airport Road free from obstructions and to pave said
portions of said street occupied by said spur track and the two
feet on each side thereof, with the same kind of material as the
balance of the said street is or may be paved.
Provided said Trustee, the 1,11issouri Pacific Railroad
Company, and their successors and assigns agree to pay to the
City of Little Rock the sum of __ Elfty and NO /100
Dollars (N 50.00 ) per annum in advance for said privilege and that
all rights hereunder shall cease and terminate on or after 25 years
from the date of passage hereof.
Further provided the said Railroad Company, its
successors and assigns, agree that all loading and unloading shall
be done entirely upon that part of said spur which is upon the
grounds of said Southern Cotton Oil Co., and at all times to
keep clear and free from incumbrances the said street and sidewalks.
The grantee herein in accepting this grant binds itself,
its successors and assigns to hold the city harmless from any
damage of any kind occasioned or arising out of the operation of
the spur track.
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Section 2. It is further ordained that the spur track presently
existing and beginning on the Missouri Pacific Railroad Company
lines approximately 575 feet from the Section line between Sections
1 and 12, Township 1 Ibrth, Range 12 West, and approximately 40
X.
feet west of Airport Road, and extending approximately 508 feet
in a Northerly direction across Airport Road, and onto the
property of The Southern Cotton Oil Company, be removed and re-
tired, at the expense of the I.iissouri Pacific Railroad Company;
that the said Missouri Pacific Railroad Company replace and repair
the said portion of Airport Road over which said presently existing
spur track passes with the same or similar material as is presently
used on Airport Road.
Section 3. By the acceptance of this grant the grantee , its
successors and assigns shall hold the City harmless from any
dw-rnages of any kind occasioned or arising during the replacer,ient
and retirement of said presently existing spur track, and further
providing that upon completion of the said spur track and the
removal of said existing spur track, all right, title and interest
of the said I, issouri acific Railroad Company in and to easement
of said presently existing spur track across Airport Road shall cease
and terminate.
Section 4. This ordinance shall take effect and be in force
from and after its passage.
PASSLD: August 9, 1949
Attest,,
Cit Clerk
Approved:
a.4�
Mayor