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6711�r ORDINANCE NO. 6711 AN ORDINANCE AUTHORIZING GUY A. THOMPSON, TRUSTEE FOR THE MISSOURI PACIFIC RAILROAD COMPANY, DEBTOR, HIS SUCCESSORS AND/OR ASSIGNS, TO CONSTRUCT A SPUR TRACK ACROSS PARKER STREET] AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF LITTLE ROCK, ARKANSAS: SECTION 1. Guy A. Thompson, Trustee for the Missouri Pacific Railroad Company, Debtor, his successors and /or assigns, is hereby au-thagized_ ta., construct, maintain and .operate, at the expense of the said Guy A. Thompson, Trustee for the Missouri Pacific Railroad Company, Debtor, his successors and /or assigns, a spur track across Parker Street in the City of Little Rook, Arkansas; said spur track to be constructed at a location to be approved by the City Engineer between Eighth and Ninth Streets, and serving to connect the Standard Ice Company facilities with the main line track of the Missouri Pacific Railroad* SECTION 2. Said Trustee, his successors and /or assigns, shall construct said track so that the top of the rails shall be on a level with a grade two inches above the present center line grade of Parker Street,, ' s now established at the point where said "s=pur- ., track crosses Parker Street. The said Trustee shall replace with similar paving any portion of Parker Street removed during the con- struction of the said spur track. The said Trustee shall also con- struct any catch basins or conduits for same to dispose of surface water as may be necessitated by t he,construction of the said spur track. The plans for the construction of the track, for the replace meat of pavement, for catch basins and for conduits shall all be in i accordance with plans now in the office of the City Engineer, dated October 25, 1944. The City reserves the right to alter the grade of said Street at its pleasure, without responsibility to the Trustee, his successors and /or assigns. Following the construction of the i spur track and replacement of the pavement by the Trustee, the Trustee, his successors and /or assigns, shall 'also maintain, between the rails of said track and two feet on each side thereof, pavement of like character and material as is now or may hereafter be con- structed at said point. 1 "k I SECTION 3. In the event that the said Trustee, his successors and /or assigns, shall fail to replace the Street or to construct appropriate catch basins or conduits for same, the City Engineer, shall notify the said Trustee; and if, after being notified, said failure continues for more than ninety days, the City shall be authorized to make any additions or improvements necessary to conform ss ry ; nct -tire said Guy A. Thomps -opt, Trustee for °tIM Missouri Pacific Railroad Company, Debtor, his successors and /or assigns, shall be liable to pay the cost of such additional improvements or constructions. SECTION 4. The authority granted above is authority to re- locate said track from its present location, close to the inter- section of Parker Street and East Ninth Street. Following the re- location of said spur track, said Guy A. Thompson, Trustee for the Missouri Pacific Railroad Company, Debtor, his successors and /or assigns, shall operate said track upon the same terms and conditions and for the same period of time that governs the operation of the present spur track now existing across Parker Street, close to'-the interlseotion with East Ninth Street. SECTION 5. This authority shall be accepted in writing by the said Guy A. Thompson, Trustee for the Missouri Pacific Railroad Company, Debtor, within 90 day-a following the passage of this Ordinance, or otherwise the grant contained under the terms of this Ordinance shall be ineffective; and such acceptance in writing shall constitute an acceptance of all the terms and- oonditions of this Ordinance.