6191ORDINANCE N0. 6191.
AN ORDINANCE. GRANTING A RIGHT OF WAY OVER AND ALONG CERTAIN
STREETS AND ALLEYS IN THE CITY OF LITTLE ROCK, ARKANSAS, TO
THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY, AND PRE-
SCRIBING THE TERMS AND CONDITIONS OF SUCH GRANT:
WHEREAS, The Chicago, Rock Island & Pacific Railway
Company, as the successor of the Choctaw and Memphis Railroad
Company, maintains and operates a switch track as hereinafter
described, pursuant 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,
WHEREAS, the rights granted under said ordinance and
resolution expireiby limitation on or about the 5th day of
March, 1940, and it is desired to renew and extend same upon
the conditions hereinafter 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 here-
by given and granted to The Chicago, Rock Island. & Pacific Rail -
way Company, its successors, lessee, lessees and assigns to lay,
maintain and operate a single track switch, siding or spur, as
the same is now constructed and maintained, from a point on its
main track near the intersection of 4th and McLean Streets,
along McLean Street to or near Third Street, thence West along
Third Street to Sherman Street, thence in a northwesterly
direction across Block Ten (10) in Pone's Addition to the City,
across Second Street and across the southeast corner of Block
Eight (8), Pone'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, to Cumberland Street, thence
across Cumberland 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 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 east bound-
ary of the alley running north and south through said block;
also a spur track upon Lots Five (5), Six (0) and Seven (7),
Block Ten (10) in Pope's Addition, across Second and Commerce
Streets narallel to the above described track, and intersect-
ing Lot One (1), Block Eight (9), in said addition at about
the Southeast corner thereof, thence across Lots One (1), Two
(2) and Tnree (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, 1940, provided that the
said Railway Company, its successors or assigns shall pay to
the City Five Hundred Dollars ($500.00) per annum in advance;
provided, further, that such Railway Company shall promptly
and impartially receive and deliver all cars that may be of-
fered it by other railroads, individuals or corporations at
its nearest regular track connection with the railway, individ-
ual, 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 Arkan-
sas or of the United States.
Section 2. That said Railway 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 Railway Company
for any damages resulting therefrom, and also reserves the
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right to require the said Railway Company to c onZorm to such
new grade without delay; provided that such railroad whenever
it crosses a public highway or highways shall pave and maintain
crossings between the rails of said railway and five (5) feet
on each side thereof with stone, granite or vitrified brick;
provided further, that said Company shall put in gates or
watchmen at all such streets as the City Council may hereafter
prescribe.
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 control and regulate the time in which
said switching may be done; provided no switching shall be done
across Scott Street except between the hours of 9 :00 o'clock
p.m. and 5 :00 o'clock a.m.; no cars shall be permitted to stand
on any streets or alleys that are crossed by said track but such
streets and alleys as are crossed by it shall at all times be
kept free from standing cars except while switching cars on or
off the sidings 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 pro-
visions aforesaid, this privilege may be annulled at the suit
of the City, or by ordinance duly passed by the City Council.
Section 5. That this ordinance shall take effect
and be in force from and after its passage.
Passed: May 5, 1941.
Approv,
ayor.
Attest:
'�- City Clerk _
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