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HomeMy WebLinkAbout4538ORDINANCE NO. 453 AN ORDINANCE GRANTTITG A RIGHT OF WAY OVER AND ALONG CERTAIN 3TRBETS AND ALLEYS IN THE CITY OF LITTLE ROCK, ARKANSAS, TO THS CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY, AND PRE. SCRIBING THE TERMS AND CONDITIONS OF SUCH GRANT: 1 WHH&EAS, The Chicago, Rook Island & Pacific Railway Com- as the successor of the Ohootaw and Memphis RailreS4 Company, maintains and operates a switch track as herein- after described, pursuant to the provisions of Ordinance No. 790, approved March 15, 1900; and a Resolution approved April 1, 1901; and, WHEBYA&S. the rights granted under said ordinanoe and resolution expire by limitation on or about the 5th day of March, 1930, 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 TEE CITY OF LITTLE ROCK, ARKANSAS: Section 1. The right of 'gray be and the same is hereby given and granted to The Chicago, Rook 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 Me- Lean Streets, along MoLean Street to or near Third Street, thence west along Third Street to Sherman Street, thence in 0 a northwesterly direction across Block Ten (10) in Pope's 0 Addition to the City, across Second Street and across the southeast corner of Block Eight (8), Pope'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, thenoe,a- cross 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 boundary of the alley running north and south through said block; also a spur track upon Lots Five (5)1 Six (6) and Seven (7),C n P'ope's Addition, across Second and Commerce Streets parallel to the above deseribecl track, and intersecting Lot One (1), Block Eight (8), in said addition at about the Southeast:oorner there- of, then aoress Lots One (1), Two (2) and Three (3), + in Block Right (8), to the intersection of the alley F runni North and South along said block, for the term /O of 'th (00) years, from March 5, 1930, provided that the said Railway Company, its auecessore or assigns shall 2 - b � pay to the City Hundred Dollars (400.00) per annum in advanoe; provided farther, that such Railway Company shall promptly and impartially receive and deliver all care that may be offered it by other railroads, individuals or cor- porations at its nearest regular track connection with the railway, individual, or corporation offering the same any- _ where within the City limits " now or hereafter establiahsb, 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 au- thorities of the State of .Arkansas 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 Com- pany for any damages resulting thersirom, a & also reserves the right to require the said Railway Company to conform 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. - 3 - 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 eontrol 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'clook p. m. and 5:00 o'clock a* m.; no oar or 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 said railroad shall fail to comply with any of the provisions aforesaid, this privilege may be annulled at the suit of the City, or by ordinance duly passed by the City Council. Section b. That this ordinance • shall take effect and be in force from and after its passage. Passed: February 3, 1930. Approved. Attest: Mayor. Ole City Clerk.