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ORDINANCE NO. 91..26
AN ORDINANCE REQUESTING AND DIRECTING THE
MISSOURI PACIFIC RAILROAD COMPANY TO REMOVE
ITS RAILROAD TRACKS NOW LOCATED IN WATER.
STREET FROM ASHLEY TO SCOTT STREET IN THE
CITY OF LITTLE ROCK, ARKANSAS; DECLARING THE
SAME TO BE A NUISANCE; AUTHORIZING AND DIRECTING
THE CITY ATTORNEY TO TAKE SUCH NECESSARY LEGAL
STEPS TO REMOVE SAID RAILROAD TRACKS; AND FOR
OTHER PURPOSES.
WHEREAS, the Missouri Pacific Railroad Company is maintaining
one main railroad track and one spur track which were laid, located and
constructed by the St. Louis, Iron Mountain & Southern Railway Company
upon and along Water Street from Ashley Street to the intersection of Scott
and Water Street in the City of Little Rock, Arkansas, without permission,
right or authority from the City of Little Rock, the abutting property owners
or the public; and
WHEREAS, Water Street was dedicated to the public as a public
way or street by the Bill of Assurance of William Russell, recorded in Book
B in February of 1822, a copy of said Plat and Bill of Assurance is recorded
in Deed Book No. Q at page 84 of the Records of Pulaski County, Arkansas; and
WHEREAS, the demands of the public for their convenience now
requires that Water Street be opened as a public way or street; and
WHEREAS, the main track and spur track of the Missouri Pacific
Railroad Company obstructs the opening of said Water,.Street as a public way
or street, and constitutes and creates a public nuisance; and
WHEREAS, the piers of the Main Street Bridge, situated at the inter--
section of Main and Water Streets, are the distance of 52 feet apart; that it is
necessary, in order to open Water Street to the public as a public way or street,
to have an opening between the two piers of a minimum of 27 feet wide as
required by the design contemplated for the construction of Arkansas State
Highway Department Job 6429, Arkansas U »524(1), Pulaski County, and the
Missouri Pacific Railroad Company is demanding a right- of-way 31 1/2 feet
wide for two main tracks; and
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WHEREAS, the said Railroad Company has never used more than
one main track located under said Main Street Bridge; and
WHEREAS, the distance between the two piers is insufficient for the
requirements of opening Water Street and permitting a right -of -way to the
Missouri Pacific Railroad Company of sufficient width for two main tracks; and
WHEREAS, the Mayor of the City of Little Rock, Arkansas has
requested the Missouri Pacific Railroad Company to remove said obstruction,
and said request has been refused.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. That the present location of the main track and the
location of the spur track of the Missouri Pacific Railroad Company on Water
Street between Ashley andiScott Streets constitute a public nuisance.
SECTION 2. That the Missouri Pacific Railroad Company is re-
quested and ordered to remove the spur track and to relocate their main track
upon and along Water Street from Ashley Street to Scott Street to such a point
that said main track will not interfere with the opening of Water Street as a
public way or street.
SECTION 3. That the City Attorney is hereby authorized and directed
to take any and all necessary begal steps to remove the spur track and to re-
locate the main track of the Missouri Pacific Railroad Company upon %nd along
Water Street from Ashley to Scott Street, Little Rock, Arkansas.
SECTION 4. All ordinances or parts of ordinances in conflict here-
with are hereby repealed, and it is found that the opening of Water Street as a
public way or street is necessary for the protection of the public peace and
safety and, if the provisions of this ordinance are not immediately enforced,
the public peace and safety will be adversely affected; therefore, an emergency
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is hereby declared to exist, and this ordinance shall be in full force and effect
immediately upon its passage and approval.
PASSED: December 21, 1953
City Clerk
APPROVED: V �L
Mayor