5936ORDINANCE N0. 5936
TO "MEND ORDINANCE N0. 8760 EIv'TITLED: "AN ORDINANCE
GRANTING A RIGHT OF XY OVA? CERTAIN STREETS OF THE CITY
OF LITTLE ROCK, ARKANS_ ?S, TO THE LITTLE ROCK TRACTION &
ELECTRIC COMPANY FOR THE CONSTRUCTION, OPERATION AND
0INTEN ANCE OF A STR^E 7 1R.3_4 II; IAY SYSTEM, "PASSED SEPTEr:�1BER
279 1901; BY GRANTING TO CAPIT!±L TRANSPORTATION COLUD *NY,
ASSIGNEE OF SAID FRANCHISE, ITS SUCCESSORS AND ASSIGNS,
THE EXCLUSIVE RIGHT TO ODERATE BUSES INSTEAD OF STR7ET
CARS OVE7 ITS BIDDLE LINE.
BE IT ORDAINED BY THE CITY COTINCIL
OF THE CITY OF LITTLE ROCK:
SECTION 1. That the Capital Transportation
Company, assignee of the franchise embodied in Ordinance
No. 876, entitled: "An Ordinance Granting a Right of "day
over Certain Streets of the City of Little Rock, Arkans.rs,
to the Little Rock Traction & Electric Company for the
construction, operation and maintenance of a Street Rail-
way System," and the amendments thereto, its successors
and assigns, herein referred to as the "Company ", is
granted the exclusive right to operate self - propelled
passenger buses instead of street cars over the following
streets and route, known as its BIDDLE LITE, to -wit:
Beginning at the present street car turn-
around adjacent to the Rock Island Railroad Pessen er De-
pot; thence west on Second Street to Lector Avenue;
thence north on Rector Avenue to Narkham, Street; thence
west on Markham Street to Main Street; thence south on
Ihin Street to Twenty -first Street; thence east on Twenty -
first Street to McAlmont Stre =t ; thence south on 1ia,Almont
Street to Twenty -sixth Street; thence east on Twenty -sixth
Street to Confederate Boulevard; thence south on Confed-
erate Boulevard to the turn - around near the Rock Island
Railroad Shops; provided, that the route of said buses
from Twenty -first to Twenty -sixth Stre is Pnd Confederate
Boulevard shall be along Twenty -first Street to Barber
Avenue, thence south to said turn - around
ORDINAJTCE NO.
Page #2
SECTION 2. From Twenty -sixth and Confederate
Boulevard to Twenty -first and T;cAlmont Streets, the City
shall remove the street car rails and ties, and smooth
the street to the condition it is now in on each side of
the rails and ties.
SECTION 3, The Company shall, as hereinafter
provided, advance to the City all, and pay part of, the ^_ctual
cost to the City of the materials needed by the City in
repairing the following portions of the following streets
in the following manner:
From Biddle to T�raenty -sixth and Confederate
Boulevard the rails and ties shall be left in place and the
concrete base in the area between the rails end t-ao feet on
each side thereof shall be repaired with ap- roximately 200
square yards of concrete, and then the said area shall be
surfaced with one and one -half inches of asphalt.
From Twenty -first and ITcAlmont Streets to T.venty-
first and Pain Streets the rails and ties shall be left in
place, and the area between the rails and two feet on each
side thereof shall be covered by the City with one inch of
asphalt.
From Twenty -first and '.ain Streets to Fifteenth
and :,lain Streets, and from 1.:arkham and Rector Avenue to the
loop at the end of the line near Second and Byrd Streets
the City shall remove the rails and repair the pavement in
the area between the rails and two feet on each side thereof
by relaying in that area an average of fifty percent of the
brick, and surfacing all of said area with one inch of as-
phalt.
On Hain Street from Fifteenth to Fourteenth
Streets, and on Markham Stre t from the east line of Scott
Street to the east line of Coerce Street, the rails shall
be removed and the brick relayed in the area now occupied
by the rails; and the area between the rails and t-Aao feet
on each side thereof surfaced with one inch of asphalt.
rJ
ORDINANCE NO,
Page ,#3
On East 'Markham Street from Commerce Stre t to
Rector ..venue the rails shall be removed, and the area now
occupied by the rails repaved with brick; and the area between
the two rails of each track filled with asphalt binder, to
bring to grade, and the entire area between the tracks and
two feet on each side thereof surfaced with one inch of as-
phalt.
Between the east property line on ..iarkham and
Scott Stre -ts and :ark; am and Bain Streets, -nd south on
Lain Street from Markbam Street to Fourtddnth Street, the
rails, ties and trolley wires shall not be disturbed, but
shall remain in place, for the use of other street cars of
the Company.
All the rails to be removed hereunder by the
City shall become the property of the City when the opera-
tion of the buses hereunder shall begin.
SECTION 4. The Company shall pay the estimated
cost to the City of materials necessary to be used by it
in replacing and repairing the bavements, described in
Section 2 of this Ordinance, not to exceed the sum of
$6,500.00; such payment to be made by the Company to the
City in installments, as the materials are used by the City;
and the Com-pany shall be reimbursed for 5Vo of such pay-
ments by its taking credit annually on any ''um in excess
of .$18,000 (and the additional credit provided by
Ordinance No. 5356 passed July 21, 1936, and Ordinance
No. 5515 passed November 22, 1937` that may be owing by
the Company to the City under the eleventh paragraph of
said Ordinance No. 876; such credits to be allowed the
Company in each. consecutive year beginning with the pay-
ment owing on gross receipts in the year 1940, unt_l such
credits amount to a. sum equal to 50;0 of the cost of sniid
materials paid to the City by the Company.
SECTION 5. Statements of account showing the
amount of franchise tax, and the amount of credits thereon
taken by the Company, shall be furnished annually to the
City by the Company.
ORDINANCE N0.
Page #4
SECTION 6. When the Company begins operation
of buses instead of street cars hereunder on the said
Biddle Line, title to the said rails and ties on that
part of said line the rails and ties on which are to be
covered by the City with asphalt, shall pass to the City,
and the Company shall have no title to said rails and
ties, and shall not be obligated to maintain any of said
tracks, or to pave or otherwise repair or improve the
streets between the rails on either side thereof, or any
part of the streets where the rails and ties are to be
removed by the City hereunder.
SECTION 7. `the Company shall remove all over-
head wires and all trolley poles to which other wires
are not attached from the east property line of Scott
Street, along Mark= _am Street to Rector ' venue; thence
along Rector Avenue to Second Street; thence along Second
Street to the end of the car line adjacent to the Rock
Island Railroad Passenger Depot; and also along ?.`ain
Street from Fourteenth Street south to nixenty -first
Street, and thence east, following; the present c=ir line
to 'Biddle.
SECTION 8. During the time the repairs on the
streets hereinbefore described in this Ordinance are being
made, the Company shall use the nearest adjacent streets
to its regular route as will best serve the convenience of
the public; following the regular route as nearly as may be.
SECTION 9. The operation of buses hereunder in-
stead of street cars on the said Biddle Line, herein de-
scribed, shall begin as soon -;s the Company can obtain the
necessary buses from the manufacturer on orders for such
buses which shall be placed by the Company with the manu-
fac',;urer at once; and such buses shall be operated by the
Company on schedules adequate to properly• serve the public.
The City shall begin street repairs and covering of the
rails and ties, and making the repairs to the pavements,
as herein described, irrnediately after said buses are in
operation;. and the City agrees that it will complete that
work as soon as possible.
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ORDINANCE NO
Page #5
SECTION 10. The oreration of buses by the Com-
pany herein provided for shall be as a part of the street
car system operated by the Company under the franchise
set forth in said Ordinance No. 876, passed September 27th,
1901, and the amendments thereto, and except as herein cod -
ified the rights of the City and the Company, respectively,
under said Ordinance No- 876Yand the amendments thereto
are governed thereby, and this Ordinance shall become a
part of the franchise so granted.
SECTION 11. This ordinnnee shall take effect and
be in,,fbx--e upG4 its passage Acee itance � the Company,
evideric d byf is andors nt; �:j.,gPon this Ordinance, or
the reagrd thereof; an(a4 1!` ricers and parts of ordin-
�nces in conflict here *ith� ey 6reb repealed,
K'-
ASSED:� July 2t ` 194P ;tom
i.,Attestf, ` A
ity C,rk
ACCEPTED 6
CAPITAL SPORTNT 7� C OI T-'_ u'Y
by
President