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HomeMy WebLinkAbout12331ORDINANCE NO. 12,331 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; AND FOR OTHER PURPOSES. WHEREAS, Chicago, Rock Island and Pacific Railroad Company, as the successor of the Choctaw and Memphis Railroad Company, maintains and operates a switch track, as hereinafter described, pursuant to the provisions of Ordinance No. 790 approved March 15, 1900, and a Resolution approved April 1, 1901; and Ordinance No. 4538 approved February 3, 1930; and Ordinance No. 6191 approved May 5, 1941; and Ordinance No. 8324 approved June 5, 1950; and Ordinance No. 11,050 approved April 4, 1960; and WHEREAS, the rights granted under said ordinance and resolution will expire by limitation on or about the 5th day of March, 1970, and it is desired to renew and extend same upon the conditions hereinafter set out. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The right -of -way be and the same is hereby given and granted to Chicago, Rock Island and Pacific Railroad Company, its successors, lessees and assigns to lay, maintain and operate 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 Six (6), Rectortown Addition; thence northwesterly across said Block Six (6) to a point at or near Third Street; thence west along Third Street to Sherman Street; thence in a northwesterly direction across Block Ten (10), Pope's Addition, 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 cc -h ' U r -2- 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 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 west boundary of the alley running north and south through said Block; also a spur track upon Lots Three (3), Seven (7), Eight (8) and Nine (9), Block Ten (10), Pope's Addition, across Second and Commerce Streets parallel with the above described track, and intersecting Lot One (1), Block Eight (8), in said Addition at about the southeast corner thereof; thence across Lots One (1), Two (2), and Three (3) in Block Eight (8), to the intersection of the alley running north and south along said Block for the term of six months from Parch 5, 1970, provided that the said Railroad Company, its successors or assigns, shall promptly and impar- tially receive and deliver all cars that may be offered it by other railroads, individuals or corporations at its nearest regular track connection with the railroad, individual, or corporation offering the same anywhere within the City Limits as now or hereafter established, 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 authorities of the State of Arkansas, or of the United States. SECTION 2. Said 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 alter or change such grades whenever it may be necessary, and shall not be liable to the said Railroad Company for any damage resulting therefrom, and also reserves the right to require the said Railroad Company to conform to such new grade without delay; provided that such Railroad Company, whenever it crosses a public highway or street, shall pave and maintain crossings between rails of said 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 -3- not being maintained by the Railroad Company, in a safe and acceptable manner to him, the Engineer shall notify said Railroad Company in writing of the defects in the crossings and the Railroad Company shall, within thirty (30) days take the necessary steps to correct such defects. If at the end of-thirty (301 days the work has not been started toward the correction of the defective crossing, the City shall take steps to correct the defects at the expense of the Railroad Company. SECTION 3. 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 as are crossed by it, 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 4. Said Railroad Company shall maintain all crossings between rails in a safe and acceptable manner and hereby agrees to secure liability insurance for any damage or injury which may result from a defect in said crossings and further agrees to hold the City harmless from any liability for damages or injuries resulting from defects in said crossings. SECTION 5. This grant is upon the express condition that if the said 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 be in full force and effect from and after its passage. PASSED: March 2, 1970 ATTEST: ity Clerk Mayor