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ORDINANCE NO. 12,442
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 conditions hereinafter set out,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 1 1971, 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,
Cumberland 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 1
1971, 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
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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 southeast 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 Block 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 thereform 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
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Island and Pacific Railroad Company whenever it crosses a public
highway, street, or alley shall pave and maintain crossings between
rails of said Chicago, Rock Island and Pacific Railroad 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 Railroad 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 it's 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- gn 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.
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SECTION 6. This ordinance shall take effect and be in
force from and after its passage and approval.
PASSED: February 1, 1971
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ATTEST: �r APPROVED:
ITY CL ASSISTANT MAYOR