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HomeMy WebLinkAbout4344. _ . . ORDINANCE NO. AN ORDINANCE GRANTING TO H. F. 1RIEFF AND FRED I. BROWN THE RIGHT TO CONS'T'RUCT AND OPERATE A SINGLE OR DOUBLE TRACNtSWITCH OR SPUR FROM FIFTH AND BYRD STRZETSt WEST ALONG FIFTH STREET, ACROSS COLLINS STREET AND THROUGH BLOCK NINE OF RECTORTOWN ADDITION, AND FOR OTHER PURPOSES. I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITT Zj ROCX 8 Section 1. For and in consideration of the payment by H. F. Rieff and Fred I. Brown to the City of Little Rook of Fifty Dollars ($30.00) per year, in advance, for a period of twebty five years, the said H. F. Rieff and Fred I. Brown and their, heirs end assigns be and the' are hereby granted a right of war and per- mission to construct, maintain and operate, for a period of twenty -five years from the date of the passage of this ordinance a single or double track switch, siding or spur track from a point at Fifth and Byrd Streets, west along Fifth Street to Collins Street, thence across Collins Street to Block Nine (9) in Rector - town Addition, thence diagonally across said Blook lte 'j'`"' the west property line of said Block Nine (1) to a point about the center of said west line, the s, m.e being an extension of the Terminal Warehouse switch and to take the course and distances as shown by plat hereto attached mdd made a part hereof. Section 2. This grant is made upon the condition that the said grantees, their heirs or assigns, in addition to paying Ithe annual compensation recited above,. shall so oonstruot said siding or switch that no frogs or connections of any kind said switch shall be planed outside the curb lines of said treats, and that said grantees, their heirs or assigns, shall so ruct and maintain said spur, siding or switch that the eon1* ruction or operation thereof shall in no way affect or interfere ith traffic along said streets; that said spur, siding or switch be laid to the grades of said streets as such are now or may reafter be established by the proper city authority. It being understood that the City reserves the right to change grade at its pleasure without in any manner being rendered ble therefor to the grantees herein, their heirs or assigns, and h crossings as the City Council may direct shall be placed Ind maintained by said grantees upon such streets. pg. - 2 - Ord. No. 4544. Section 3. This grant is further conditioned that in the event the streets where said spur track is laid should be paved, the said grantees, their heirs or assigns, shall build and maintain between the rails of saidewttoh, siding or spur t and two feet on each side thereof, a pavement of like character and material as may be laid along said streets, and shall, in the construction and maintenance of all tracks wA' park ments under the terms of this ordinance, make provision for the proper discharge of all surface water and such drains as may be- came necessary by reason of the construction of said switch, aid or spur track. Section 4. The City Council reserves the right to oon- trol and regulate the speed of all engines, trains or other rolling stock on such switch, siding or spur track; and also re- serves the right to control and regulate the time within which switching may be done; and no oars or other rolling stock shall Ibe permitted to stand on said street crossings, but said oroes- Iings shall at all times be kept free from oars or roiling stock lexcept while switching is being performed. Section b. The grantees herein, in accepting this grant, bind themselves their heirs and assigns, to hold the City harmless from any damage of any kind occasioned or arising out of either the construction or the use or the operation of said spur track or switch. Section d. This ordinance shall be in force and take effect when accepted in writing by the grantees herein, said 4oceptance to be evidenced by indorsement on the record where this ordinance is recorded and said acceptance must be indorsed within six months after the passage of this ordinance. Section 1. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Passed: June 11, 1928. Attest: proved: City Clerk. Mayor. V pg. - 2 - Ord. No. 4544. Section 3. This grant is further conditioned that in the event the streets where said spur track is laid should be paved, the said grantees, their heirs or assigns, shall build and maintain between the rails of saidewttoh, siding or spur t and two feet on each side thereof, a pavement of like character and material as may be laid along said streets, and shall, in the construction and maintenance of all tracks wA' park ments under the terms of this ordinance, make provision for the proper discharge of all surface water and such drains as may be- came necessary by reason of the construction of said switch, aid or spur track. Section 4. The City Council reserves the right to oon- trol and regulate the speed of all engines, trains or other rolling stock on such switch, siding or spur track; and also re- serves the right to control and regulate the time within which switching may be done; and no oars or other rolling stock shall Ibe permitted to stand on said street crossings, but said oroes- Iings shall at all times be kept free from oars or roiling stock lexcept while switching is being performed. Section b. The grantees herein, in accepting this grant, bind themselves their heirs and assigns, to hold the City harmless from any damage of any kind occasioned or arising out of either the construction or the use or the operation of said spur track or switch. Section d. This ordinance shall be in force and take effect when accepted in writing by the grantees herein, said 4oceptance to be evidenced by indorsement on the record where this ordinance is recorded and said acceptance must be indorsed within six months after the passage of this ordinance. Section 1. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Passed: June 11, 1928. Attest: proved: City Clerk. Mayor.