5322i
ORDINANCE NO. 5322•
AN ORDINANCE RENEWING AND EXTENDING THE PROVISIONS OF ORDI-
NANCE NO. 1744, APPROVED NOVEMBER. 13, 1911, GRANTING TO THE CHI-
CAGO, ROCK ISLAND & PACIFIC RAILWAY COL- 1PANY, ITS SUCCESSORS ANTI?
ASSIGNS THE RIGHT TO CONSTRUCT, MAINTAIN AJD OPERATE A' SPUR
TRACK OVER AND ACROSS CERTAIN STREETS AND ALLEYS IN THE CITY OF
LITTLE ROCK.
WHEREAS, The Chicago, Rock Island & Pacific Railway
Company maintains and operates a switch track as here nafU
described, pursuant to the provisions of Ordinance No. 1744,
approved November 13, 1911; and,
WHEREAS, the rights granted under said ordinance ex-
pire by limitation on the /lst day of January, 1537, and it is
desired to renew and extend sane upon the conditions herein-
after set out;
NOW, THEREFORE,
BE IT ORDADTL'D BY THE CITY COUNCIL OIL THE CITY OF LITTLE
ROCK:
FY Section 1. That The Chicago, Rook Island and Pacific Railway
Company, its successors and assigns, are hereby authorized to make
a turnout on the line of the switch or spur track which has been con-
structed by the Choctaw &; Memphis Railroad Company under an Ordinance
of March 5, 1500 (hereinafter referred to and designated as the "Third
Street Spur "), as the sa_e is now or may hereafter be located, and to
construct and maintain a spur track commencing at a point on the Third
Street Spur where the east line-of Collins Street intersects the center
of said spur, running thence on a curve to the right and in a northwe4t
erly direction to the south property line of Lot 4, Block 1, Ras .ter ._
Ad 'ti.cn to the City of Little Ronk, and to construct and
tinuation of said spur track from the north property line of sai..d.Lot, ;1
B1eok 1, Rectortown Addition, through the alley in Block 3, Russel24 �.
3:
dition to the City of Little Rock, and across Second Street, and through
the alley in Block 2 Russell's Addition tp the City of Little Rock, to
the south line of Markham Street.
+ y
Section 2. The grading of the entire alleys from the property
line to property line, shall be done by the said Railway Company to
conform to such grades as may be established by the City; and the City
reserves the right to change any and all grades of said street and al-
leys whenever it sees proper to do so, and shall not be liable to said
_any for any damages or loss to said oompany, that is ooc4�stox i µ y
thereby; and whenever a change in grade is established by the city,
after notice in writing thereof is given to the said Railway Company,
it shall, at its own expense conform and adjust its tracks and railway
and the alleyks to such changed or altered grade, and conform and ad-
just its tracks and railway to such changed or altered grades of the
streets, and such adjustment shall commence immediately after receipt
of said notice and progress rapidly as possible until completed; and
the tracks shall be laid so that the top of the rail shall be on the
grade as now or which may be, established by the city; and all streets
and alleys which are now or may hereafter be paved, macadamized or other-
wise improved, said company shall construct and maintain between the rails
and two feet on each side thereof a roadway of like character and material.
Said Company, in switching its cars or trains on said streets shall at all
times keep the streets and sidewalks free from obstruction or blockade of
its cars, and not stop or delay travel thereon, and it is hereby declared
a nuisance for said company to stop or delay travel upon said streets or
sidewalks. The Railway Company is to construct any and all storm sewer
drainage under its roadbed that shall be constructed up to said roadbed
whether by the City of Little Rook, or by improvement districts that may
be formed.
Section 3. For this grant the said Railway Company shall pay to
the City Fifty Dollars ( 50.00 j per year in ad."
vance, on January lst of each year.
- 2 -
Section 4. This ordinance shall become effective January 1,
1937, and remain in full force and effect until January 1, 1962.
Passed march 9, , 1936.
Approved:
Attest: Mayor.
City Clerk.