HomeMy WebLinkAbout11050ORDINANCE NO. 11-1050
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AN ORDINANCE GRANTING A RIGHT OF WAY OVER AND ALONG CERTAIN STREETS AND ALLEY'"
IN TEE CITY OF LITTLE ROCK, AMNSAS, TO CHICAGO, BOCK ISLAND AND PACIFIC
RAILROAD COKPANY, AND PRHSCk1BING THE TEi S An CONDITIONS OF SUCH -S*Tt
WHEREAS, Chicago, Rock Island and Pacific Railroad CompwWj,
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. 7909 approved March 159 19009 and a resolution approv" April.4
1901; and Ordinance No. 4538, approved February 39 1930; and Ordinance No. 6191,
approved May 5, 1941; and Ordinance No. 8324 approved June 5, 1950; and!
WAS, the rights granted under said ordinance and resolution will
expire by limitation on or about the 5th day of March, 1960, and it is desired to
renew and extend same upon the conditions hereinafter set out,
NOW, TBEREF'ORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCKS ARKANSASs
Section 1. The right of way be and the same is hereby given and
granted to Chicago, Rock Island and Pacific Railroad Compamyp its successors#
lessees and assigns to lay, maintain.-and operate a single track switch, sidings
or ssf as the same are now constructed and maintained, from a point oa 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)9 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 (1-0), Popes Addition, across Second Street and across the south-
east corner of Block Eight (8)9 Popefis 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 Rook.Street; thence across Rook Street to the center of the alley
in Block Thirty -six (36); thence west along the center of said alley, the sane 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); 'theme 6106g ire
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 rmsning north and south throw said block; also a
spur track upon Lots Three (3), Sevm,(7), Eight (8) and Nine (9), Block Ten (10)9
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Pope's Addition, across Second and Commerce Streets parallel to 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 Sight (8), to the intersection of the alley running North and
South along said block; for the term of ten (10) years, from March 5, 19609
provided that the said railroad company, its successors or assigns shall pay to
the City Five Hundred Dollars ($500.00) per am= in advance ;,prov uds, f here
that such railroad company shall promptly and impartially 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 ty
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 - Up, of :the rails are on a level with the street grade, and the,
the right to alter or change such grades whenever it may be necessary, and shall
not be liable to the said Railroad 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 whenever it crosses a public high-
way or street shall pave and maintain crossings between rails of said railway and
five (5) feet on each side thereof, with hard surfacing approved by the City Engineer
of Little Book. If inspection by the City Engineer reveals that the crossings are
not being maintained by the Railway Comparys in a safe and acceptable manner to him#
the Engineer shall notify said Railway Company in writing of the defects in the
crossings and the Railway Company shall within thirty days take the mossaary steps
to eorreet.smgit defects. If at the end of days the work has aot"'6e tftr ed
towards the correction of the defective crossing, the City shall take steps to
correct the defects at the expense of Ahe Railway Comfy.
SECTION 3. The City l reserves the right to control and regulate
the speed of all engines, trains or other rolling stock.on. said sidingj, switches or
spur tracks; also reserves the right to control and regulate the time in which said
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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. This grant is upon the express condition that if the
railroad shall fail to comply with any of the provisions aforesaid, this privilege
-be PA=1 led at the suit of the City, or icy ordinance duly passed by the City
mid Directors.
SECTION 5. This ordinance shall take effect and be in force from
and after its passage and approval#
PASSED: April 4, 1960
ATTEST: • ,..�I_- i s APPi OVED: • +► `
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Ci ty Clerk or