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53566­1- - i ORDINANCE NO. ,5,58- _ AN ORDINANCE AMENDING ORDINANCE NO. 5354 PASSED JULY 13, 1936, ENTITLED: "AN ORDINANCE TO AMEND ORDINANCE NO. 8762 ENTITLED: tAN ORDINANCE GRANTING A RIGHT OF WAY OVER CERTAIN STREETS OF THE CITY OF LITTLE ROCK, ARKANSAS, TO THE LITTLE ROCK TRACTION & ELECTRIC COMPANY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A STREET RAILWAY SYSTEMI, PASSED SEPTEMBER 272 1901; BY GRANTING TO CAPITAL TRANS- PORTATION COMPANY, ASSIGNEE OF SAID FRANCHISE, ITS SUCCESSORS AND ASSIGNS, THE EXCLUSIVE RIGHT TO OPER- ATE BUSES INSTEAD OF STREET CARS OVER ITS FIFTEENTH STREET LINE." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK: Section 1. That Section 4 of Ordinance No. 5354 passed July 13, 1936, entitled: "AN OR- DINANCE To. -AMEND ORDINANCE NO. 876, ENTITLED: 'AN ORDINANCE GRANTING A RIGHT OF WAY OVER CERTAIN STREETS OF THE CITY OF LITTLE ROCK, ARKANSAS, TO THE LITTLE ROCK TRACTION & ELECTRIC COMPANY FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A STREET RAILWAY SYSTEM1, PASSED SEPTEMBER 27, 1901; BY GRANTING TO CAPITAL TRANSPORTATION COMPANY, ASSIGNEE OF SAID FRANCHISE, ITS SUCCESSORS AND ASSIGNS, THE EXCLUSIVE RIGHT TO OPERATE BUSES INSTEAD OF STREET CARS OVER ITS FIF- TEENTH STREET LINE," be amended to read as follows: "Section 4. The Company shall leave in place the street car tracks on said West Fifteenth Street line from Main Street to its western terminus, and shall continue to own and use the curve, switches and "Y" track at Sixteenth and Park Avenue, and fifty (50) feet south thereof as turn - around facilities for its Fair Park and South Highland lines; and the City shall own the other tracks on said West Fifteenth Street line west of Main Street and the City shall cover thew and the space between them, for their en- tire length, with asphalt paving one inch thick laid hot, and the Company shall pay to the City the sum of `°'light Thousand and Thirty -one Dollars ($8,031), and ssibly an additional amount, all as hereinafter pro - ded; and the City shall have the right to leave said ORDINANCE NO. #2. tracks in the streets or to remove them therefrom, as its property, as it shall see fit, and the Company shall have no title to said rails and shall not be ob- ligated to maintain any of said tracks or to pave or otherwise repair or improve the streets between the rails or on either side thereof, except as to those at Sixteenth and Park Avenue hereinbefore described, title to which shall remain in the Company.1+ Section 2. That Section 5 of said Ordinance No.g3q passed July 13, 1936, be amended to read as fol ows: "Section 5. The operation of the buses hereunder, instead of street cars, on said West Fif- teenth Street line, shall begin by October 1, 1936, or as soon thereafter as the manufacturer delivers the buses to the Company; and the order therefor shall be placed with the manufacturer by the Company within fif- teen (15) days from its acceptance of'this "Ordinance. Payment of the Eight Thousand and Thirty -one Dollars ($82031) by the Company to -the City herein provided for shall be made in two installments, one of Forty - five Hundred Dollars ($4,500) when the operation of the buses herein provided for shall begin, and the re- maining Thirty -five Hundred and Thirty -pne Dollars ($3,531) shall be paid as soon thereafter as the said paving over and between the rails on said West Fif- teenth Street line west of`Alain Street is completed. Should the cost to the City of the paving herein pro- vided for exceed Eight Thousand and Thirty -one Dollars ($82031)2 the Company shall pay such excess cost, not to exceed Nineteen Hundred Dollars ($1,900) when the paving is completed.n N ®• 5354 passediply' 13Th1936,cbeoa endedstodreadiasnce follows: ttSection 6. The Company shall be re- imbursed for the Forty -five Hundred Dollars ($4,500) advance payment, and any additional advance payment it may make because of excess paving cost, as hereinbefore ,provided for, by its taking credit on any sum in excess P � ORDINANCE N0. #3. of Eighteen Thousand Dollars that may be owing by it to the City under the eleventh paragraph of said Or- dinance No. 876, such credit to be allowed the Company in each consecutive year beginning with the payment owing on gross receipts in the year 1936 until such credits amount to the sum of Forty -five Hundred Dol- lars ($4,500) and any additional excess paving cost advanced by the Company as hereinbefore provided for, without interest." Section 4. That Section 8 of said Ordin- ance No.RISL passed July 13, 1936, be amended to read as follo s: +'Section 8. This ordinance shall take effect and be in force upon its passage and ac- ceptance by the Company, evidenced by its endorse- ment made upon this ordinance, or the record thereof, within ten days after its passage; and all ordinances and parts of ordinances in conflict herewith are here- by repealed." Passed: July 21, 1936. AT T: ty C erk. ACCEPTED: CAPIT ?Jd ,1936• By e V�AAI VIA! TATIOV COMPANY, 1