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HomeMy WebLinkAbout12617ORDINANCE NO. 12,617 AN ORDINANCE GRANTING A RIGHT -OF -WAY OVER AND .ALONG CERTAIN STREETS AND ALLEYS IN THE CITY OF LITTLE ROCK, ARKANSAS, TO CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, AND PRESCRIBING THE TERMS AND CONDITIONS OF SUCH GRANT: WHEREAS, Chicago, Rock Island and Pacific Railroad Company maintains and operates a single or double track or spur across certain streets in the City of Little Rock pursuant to the provisions of Ordinance No. 2625, approved May 13, 1920, and Ordinance No. 11050, approved April 4, 1960; and, WHEREAS, it has decided to renew and extend those rights upon the con- ditions hereinafter set out, NOW, THEREFORE, BE,IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The Chicago, Rock Island and Pacific. Railroad Company, its successors and assigns be and they are hereby granted a right -of -way and permission to maintain and operate for a period of one (1) year from February 15, 1972, a single or double track, switch, siding or spur from a point connecting with the track or spur now operated by Chicago, Rock Island and Pacific Railroad Company in Block 10 only of Pope's Addition, in a westerly direction through Blocks 10 and 9 of Pope's Addition and Block 37, City of Little Rock, and over and across Commerce Street, Rock Street, Cum- berland Street and the alleys in the above named Blocks with the right to lay, maintain and operate additional spur tracks or sidings from the aforesaid switch, siding or spur to industries which are now located or may hereafter be located on either side of the said switch, siding or spur track. SECTION 2. The Chicago, Rock Island and Pacific Railroad Company, its successors and assigns be and they are hereby granted a right -of -way and permission to maintain and operate for a period of one (1) year from February 15, 1972, a single track- switch, sidings or spurs, as the same are now constructed and maintained, from a point on the east line of McLean Street produced northerly near the intersection of Fourth and McLean Streets, across McLean Street to the east line of Block 6, Rectortown Addition; thence northwesterly across Block 6 to a point at or near Third Street; thence west along Third Street to Sherman Street; thence in a northwesterly direction across Block 10, Pope's Addition, across Second Street and across the south- east corner of Block 8, Pope's Addition, to the alley in said Block 8 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 El.ock 36; thence west along the center of said alley, the same being the center of said block,to Cumberland Street; thence across Cumberland Street to a point in the center of the alley in Block 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 2, the same being the center of said block; thence west along the center of said alley to the west boundary of the alley running north and south through said block; also a spur track upon Lots 3, 7, 8 and 9, Block 10, Pope's Addition, across Second and Commerce Streets parallel with the above described track, and intersecting Lot 1, Block 8, in said addition at about the southeast corner thereof; thence across Lots 1, 2 and 3 in Block 8 to the intersection of the alley running north and south along said block. SECTION 3. Said Chicago, Rock Island and Pacific Railroad 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 require said Chicago, Rock Island and Pacific Railroad to alter or change such grades at no expense to the City, whenever it may be necessary, and shall not be liable to the said Chicago, Rock Island and Pacific Railroad Company for any damage resulting therefrom and also reserves the right to require the said Chicago, Rock Island and Pacific Railroad Company to conform to such new grade without delay; provided that such Chicago, \ Rock Island and Pacific Railroad Company whenever it crosses a public highway, street, or alley shall pave and main- tain crossings between rails of said Chicago, Rock Island and Pacific Rail- road Company and five (5) feet on each side thereof, with hard surfacing approved by the City Engineer of Little Rock. If inspection by the City Engineer reveals that the crossings are not being maintained by the Chicago, Rock Island and Pacific Railroad Company in a safe and acceptable manner to him, the Engineer shall notify said Chicago, Rock Island and Pacific Rail- -2- road Company in writing of the defects in the crossings and Chicago, Rock Island and Pacific Railroad Company shall within thirty (30) days take the necessary steps to correct such defects. If at the end of thirty (30) days the work has not been started towards the correction of the defective crossing, the City may advise the Chicago, Rock Island and Pacific Railroad by written notice of its intention to void this franchise within sixty (60) days unless the situation is corrected. SECTION 4. The City Board 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 control and regulate the time in which said switching may be done. No cars shall be permitted to stand on any streets and alleys, and such streets and alleys as are crossed by Chicago, Rock Island and Pacific Railroad Company shall at all times be kept free from standing cars except while switching cars on or off the siding connected with said main spur track. SECTION 5. This grant is upon the express condition that if the said Chicago, Rock Island and Pacific Railroad Company 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 Board of Directors. SECTION 6. This ordinance shall take effect and be in force from and after its passage and approval. PASSED: February 15, 1972 ATTEST: City Clerk -3- APPROVED: Aosto� 4i Mayor