HomeMy WebLinkAbout8613ORDINANCE NO. 8613
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION, LOCA-
TION AND OPERATION BY THE MISSOURI PACIFIC RAILWAY
COMPANY OF AN ADDITIONAL RAILROAD. CROSSING ON
THOMAS STREET INTO THE PLANT OF THE ARKANSAS FOUNDRY
COMPANY, TO BE CONSTRUCTED ACROSS THOMAS STREET AT A
POINT BISECTING THE SAID STREET HALF-WAY BETWEEN
SIXTH AND NINTH STREETS, REQUIRING SAID RAIL1'rAY
'COMPANY TO CONFORM TO STREET GRADES, AND PROVIDING
FOR THE MAINTENANCE OF THE STREET ON EITHER SIDE OF
THE CROSSING BY THE RAILWAY COMPANY, AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. That a right -of -way be and the same is
hereby given and granted to the Missouri Pacific Railway Company,
its successors, lessees and assigns, to lay, maintain and
operate a single track to be constructed by said railway company
across Thomas Street at a point bisecting said street half -way
between Sixth and Ninth Streets into the plant of the Arkansas
Foundry Company, said point being sixty (60) feet south of the
existing railway crossing now located on Thomas Street, provided
that said railway company, its successors or assigns, shall pay
to the City of Little Rock, Arkansas, Ten Dollars (10.00) per
annum each year in advance, and provided further that such rail-
way company comply with the laws and charges prescribed by or
authorized by the properly constituted authorities of the State
of Arkansas or of the United States.
SECTION 2. Said railway company shall conform to the
grades as now or hereafter established on Thomas Street, 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 said
railway company for any damages resulting therefrom, and also
t ` reserves the right to require the said railway company to con -
form to such new grade without delay; provided that, if Thomas
Street is now paved at present or should be paved in the future,
said railway company shall pave and maintain crossings between
rails of said railway and five (5) feet on each side thereof,
with hard surfacing 8p proved by the City Engineer of Little Rock.
If inspection by the City Engineer reveals that the crossings
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are not being maintained by the railway company 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 (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 shall
take steps to correct the defects at the expense of the
railway company.
SECTION 3. The City Council reserves the right to
control and regulate the speed of all engines, trains or other
rolling stock on said crossing, and also reserves the right to
control and regulate the time at which switching may be done
thereon. No cars shall be permitted to stand on Thomas Street
and it shall be kept free from standing cars except when
switching cars over Thomas Street to the main track of the
said railroad.
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 may be annulled at the
suit of the City, or by ordinance duly passed by the City
Council.
SECTION 5. This ordinance shall take effect and be
in full force from and after its passage and approval.
PASSED: March 12, 1951.
ATTEST
City Clerk
APPROVED:
Mayor