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HomeMy WebLinkAbout7373`Y' :R� a k!. ; 1 M !' �° # i ,� i �� , e ! _• 1 : , a�1 ii Y { Lla L•I ■? ! 1 1 ■ `I' ! ri ! BE IT t RDAU1ED BY THE CITY CODNCIL OF THE CITY OF LITTLE ROCK: Section 1. ThatItie Capital Transportation Company assignee owe ranehiaq.. efsbadied `in Or4inanee No. 876, entitled "An Ordinance granting a tight of way over certain streets of the City of Little Rock, Arkansas, to the Little Rock Traction and Electric Company for the conatract on, operation and maintenance of a street railway system ", and the amendments thereto, its successors and assigns herein referred to as the ' "Company ", is heroby,.po mitted to disoontinue the operation of street cars and the maittewmas of tracks, and is' granted the exclusive right to operate trackless trolleys and/or buses over the following streets and routes: A., _.-The The . line known as the Pulaski Heights Line, as ��illows Beginning at Markham and Main, nest on Markham to Victory Street South on Victory to Third Street West on Third to 8tmmit ' Avenue North on Summit to Second Otreet, thence in a Nor4h;;sterly direction, following Second to Markham and Barton Streets, West on Markham to Booker'Street, or Stifft Station, and thence following Kavanaugh Boulevard to the intersection of Kavanaugh and McKinley Street, North on McKinley to'Beaoon Street, East on Beacon to Cleveland Street South on Cleveland to Kavanaugh, and then return to harkham and Main along same route as outbound. B. The line known as the South Main Line, as follows: Beginning at Markham and ]din, South on Main to Twenty Third Street, best on Twenty; Third to Ringo Street, South on Ringo to Twenty Eighth Street# c .. nty.� ,highth Gazes s Stre ®t, S ©nth wn Ciai� s' to Thirty Thad' Street, East on Thirty Third to Arch Street, North on Arch to Twenty Third, thence East returning over same route to point of beginning. C. The line known as the West Ninth Line, as follows: Be ginn at Fifth,'.snd Main, South on Main to Ninth Btrse`t. :mat ern' lQinth to High Street, Souith On High to ,Thirty - ,Sixth Street to present bus turnA mid and tken return over the sa►mB route to the point of beginning. i D. The line known as the Fair Park Line, as follows: Beginning at Fifth and Main, West on Fifth to 'Victory Street, South on Victory to lighth Street, West on Eighth to Wolfe Street South on Wolfe to Eleventh Street, West on,gleventh to Park Avenue, South on Park to Thirteenth Street, Test on Thirteenth to Leans Street, North on Lewis to Eleventh Street, West on Eleventh to Bhdison Street and /or Mbnroe $treat., Berth on Iftdison, and /or Monroe , to Eighth, art on lighth to present street car loop in Fair Park, `thence return to Fifth and Fain over the same route. E. The line known as the South Highland Line, as follows: Beginning at Fifth and Main, West on Fifth to Victory Street, South on ictory to Eighth Street, Rest on Eighth to Wolfe Street South on Wolfe to Eleventh Street, Meet on Eleventh to Park Avenue South on Park to Thirteenth Street West on Thirteeni� to wood-row Street, South on pbarow to Twentieth Street, West on Twentieth to Pine Stroet, South on Pine to Twenty Fifth Street, West on Twenty Fifth to Washington Street and /or Adam Street thence forth on Washington and /or Adams to gent Third Street, thence East on Twenty Third to War tract, North on Cedar to Twentieth$ East on eAtieth to Pine returning to Fifth and Main over same route as ouibound. F. The line known as the Fifteenth Street Line, as follow*: Beginning at Markham and Main, South on Bain to Fifteenth street, best oa Fifteenth to Pulaski Street South on %Iaski to. Siateeuth Street, Nest on Sixteenth to Park Avenue, South on Park to bright Avenue, East on Aright to Summit Avenue, South on Summit to Twenty Seventh Street, East on Twenty Seventh to Battery Street, South on Battery to Twenty Ninth Street, thence return to Markham and Main over same route. G. The line known as the Oak Forest Line, as follows: During the 4 M. and P. M. peak periods of operation the Oak Forest Line will operate as follows: Beginning at Fair Park which will make connection with the proposed nets Fair, Park trackless trolley line, West on Eighth Street to "Fair Park Boulevard, South on Fair- Park Boalevaxd to Asher" :Avenue thence last, following Aabar A t e' to 'interseotlon of Roosevelt Ecd thanes East on Roosevelt Road to Park Avenue on Park to Tv*;Lty First Street, Sawa o +s y to `Wolf e. $tr e° " North qn `::Wolfe . to Tent %tii Striset, met ` -on meth to Btrdadwap . 10orth on Broad t'o Seventh ;9treet East on Sevea tb Win, South on Main to Eleventh S ;reet, 'hest on Eleventh to Broadway thence return over same route to Fair Park Boulewa and , Twelfth Street East on Twelfth to last aonesb+ b Drive thence Nort� to point of beginning. - 2 - �J During the base period of operation the Oak Forest Line will operate as follows: Beginning at Fair Park which will Mke connection with the proposed new Fair Park trackless trolley line lest on Eighth Street to Fair Park Boulevard, SoutA on Fair Park Boulevard to Asher Avenue, thence East, following Asher Avenue to intersection of Roosevelt Road, thence East on $aosevelt Road to i,.ntersection. of Roosevelt R€ ad Summit Avenue, z*hing connection with the West fteenth Street bus line, theme . returning. to Far Park over , same route to Fair Park Boulevard and''Twelfth Street, East on Twelfth Street to East Jonesboro Drive, thence North to point of beginning. H. The line known as the 'hest Seventh Street i,ine, as follows: Beginning at Markham and Main South on Main to Seventh Street, Most on Seventh to Johnson Street, South on Johnson to Lamar street Vest on Lamar to Valentine Street North on Valentine to Markham, West on Markham to an Bea Street, North ow Van Buren to Lee Averse, rWesfi�v;, ®n Lee to Harrison Street, North on Harrison, to Ioq lawh., 'thence West on Woodlawn to Tyler Street ,`'8cuth.an Tyler.to *C" Street, Last on "C" to Van Buren, thence - return over same route to Markham, and Main (or as directed by Traffic Bureau of Police ` Departmsnt) . I. The line known as the Rock Island Station Line, as follows: Beginnn ng at Markham and lain, East on YArkham to Rector, South on Rector to `Second Street thence East on Second to present bus- turn - around near Rock Island Station, thence return from Rock Island Station over same route to Markham and Main. J. The line known as the Stifft Station Line, as follows: Beginning at Markham and Pearl Streets West on Markham to Elm Street (entrance to State Hospital Grounds) thence in a Southerly direction through the Hospital Grounds to Eighth and Abigail Streets, East on °Eighth to Cedar Street, North on Cedar to Fifth Street, East on Fifth to Valentine Street, South on Valentine to Lamar Street, East on Lamar to aohnson Street, North on Johnson to Fifth, East on Fifth to Pearl, north on Pearl to Markham. X. The line known as the Airport Line, as follows: Beginning at Markham and Main, South on Main to Ninth Street, East on Ninth to Bond 'Street Soutbeast on Bond to. EQet Eleventh Street and /or Thirteenth Street, East on Eleventh and /or Thirteenth to Harrington Street, North on Harrington to Tenth Street thence Last on Tenth to Picron, thence retarnag to Markham and Pain over same route. - 3 - L. The line known as the East Sixth Street Line, as follows: Beginning at North ,min and Ridge °Street South on Main to CapitoLAvenge, Beat : ,'on Capitol to Ferry Street and /or Sherman Street axed /or Rector Avenue, South on Ferry and /or Shermau; and /or Rector to-Sixth Street,, 48st on Si h to`. Tdi nseipd "> Street, to the presen .street oar LOORO thence returning to point br "eel r over ' same route. Mo The line known as the Biddle Shop Line, as follows Beginning at the present bus loop at Twenty Ninth Street and Confederate Boulevard,. Morth on Confederate Boulevard to Rooserelt'Road, West on Roosevelt to takiice' -Street, North on *"enc a to East Twenty First Street West on Twenty -'first to Rock Street, North ©n Rool to Ninth" Street West on Ninth to fain street. North on Main to Worth'Itain and: Bridge Street, returning over same. roe,te ` to point of beginning, with oca ©nal trips across Fourche on, the Pine Bluff Highway about Thirty Seventh and Confederate Boulevard, it. The line known.as the East Fourteenth Street Line, as follows: Beginning at Fifth and Main South on Main to Fourteenth Street Fast ou fourteenth to College Street, South on 601lege to Seventeenth Street, 00 an Seventeenth to Barber Avenue, North on Bs er to; Fourteenth thence returning over Same route " as outbound, to Fifth and Main. Seetion 2. A. The Company will remove all poles, overhead cables, and other equipment along said routes described in Section 1, which are not necessary to the proper operation of a trackless trolley- or motor bus service. The Company is granted the right to install any additional poleax overhead cables, and other equip- ment meceseaxy.to operate trac .ess trolleys over the routes as described in Section 1 of thin ©rdinannce, subject however, to the requirements of the Chief of the Fire Department for the operation of the fire equipment in the City of Little Rock. B. The Company is granted the further right to operate as througb- continuous routes any combination of the individual lines described in Section 1,44 order to provide for the better operation of a continuous transportation system. Co n is also granted the right. ,to any necessary poles and equipie.nt for the purpose or operating trackless trolleys and is given the right to operate trackless trolleys or buses on High Street between Eighth and Ninth on Victory Street ,between Third and F'if'th on Park Avenue between Thirteenth and Fourteenth and on. livL atreet between Thirteenth and 1 Twelfth 'and on TwelfiA f rou Elegy. to Lewis Street. - 4 - 6- D. The Company is granted the further right to use the block bounTed by West Eleventh, Victory, 'West Twelfth, and High Streets for the purpose of constructing and maintaining offices, shops, and storage facilities in connection with the operation of the transportation system, and is granted the right to use the streets above named, or any of them, for ingress to and egress from said shops and storage facilities, so long as such use does not interfere with the orderl flow o f The right is granted the Co �apeny to insta'�,1, a ; poles,' 0e erhgad, cables, and other e t e an8' gong sgid` streets necessary for trackless, tr `' end: `"1kz6s to get into and out of said shops and storage space$. the ` Company is granted the further right to use Vi tort' Street from tft tQ tt if #L for" the ; p4 Qse' of ge`tti ��g sa d u E buses inter an cut of satal rshope and storage ` spaces. E. The Company is granted the right to construct, maintain and operate a sa4,tation- on the klot located on the South- east corner of Twenty Sftoa',,and High gtreats for the purpose of eomrerting Alternating Current tc. Direct Current, and the Company is 91yen the further right .to construct install and maintain feeder circuits to and Prow such substation and from the existing substation located at Markham and Elm Streets, for the purpose of providing.electrie current to the trackless trolley system and the Company may construct such .Feeder circuits along streets and alleys wherever such installations are -re aired for the proper operation of the system. Ordinance No. Seri is hereby amended in order to permit the construction and operation of a substation on the 'Southeast corner of Twenty Second and High Streets. Section 3. The Capital Transportation Company hereby acknowledges its present obligation to pave and will pave with six (6) inch three thousand pound (3 000 lb.) slab concrete that pex$i -on of Ue present track area of kavanaugh Boulevard ihich is noWr t Aired be " aning at Kavanaugh and "t Streets axed .e3ta�tdS to Savanati; anHayes Streets. Said street shall be so paved after removing the rails and ties along said street which are not now set in concrete. The Company shall pave over with asphalt surfacing of a minimum of l4 inches in thickness over the rail any existing track area ere the tracks are set in pavement along said portion of Kavanaugh Boulevard. Asphalt covering of the track area set in pavement shall be it minimum of 1i inches in thickness over the rail, and to a depth in Re` 4 nter of the tracks sufficient to obtain a and crown, using asphalt of a stiff mix and the asphalt shall be earried far enough from said two (2) feet from the outside of such rail toward the curb to obtain a satisfactory crown. The plans and specifications to perform this work shall be submitted to the City Engineer before said work is started and such plans and specifications shall be subject to his approval, and the City Engineer shall have the authority to inspect such work at all reasonable times and places to assure compliance with the plans and specifications. lee on 4._ Except as provided in the preceding section, a set 4}rve all ezist.ng: open tracks � ate_ lea grails in concrete) and where there is pavement along that portion of the :street adjacent to such open tracks ;the Com- pany will pave , that portion of the street where the tracks and ties have been removed with a pavement of a like kind to that which is adjacent thereto. Where the street adjacent to such open tracks and ties is not paved (stieh as on the south and of the present 'South . Highland Line)- the Company shall remove such open tracks and ties and grade such street to the specifications and satisfaction of the City Engineer. - 5 - Seat ion 5. on the East 9th Street Line from Main Street to 100 feet east or Allen Street the Company shall remove the rails, brick, sand cushion, and. deteriorated ties, and repave the area between the rails and two (2) feet on the outside there- of with six (6) inch three thousand (3,000) pound concrete pavement. Sec ion 6. Pulaski Heights Line ('Victory Street to Stifft Sta on' Hemove r � r ek sand cushion and deteriorated ties and repave with.6 inch 31060 pounA concrete pavement. City to r®mve old steel pavement separation strip and .reenx 00e sides ot. street to secure satisfacstory crown, without expense to Company. Section 7. on all other track area than as above set out now ue&by -the Transportation Company, and the track area on apring Street from Markham to Capitol Avenue, the Company shall remove faulty places in the old asphalt or riding surface and cover the track structure with asphalt. There shall be a minimum thickness of lJ inches of asphalt over the rail. The asphalt in the center of the tracks shall be at a depth suffi- cient to obtain a satisfactory crown and not less than li inches in thickness. The asphalt shall be of a stiff mix and shall be carried far enough from two (2) feet on the outside of each outside rail toward the curb to obtain a satisfactory crown. Plans and specifications for this work shall be subject to the approval of the City Engineer and the City Engineer shall at all times have the privilege of inspecting such work during the process to assure compliance with such plans and specifications. Section 8. In the present track area all loose rails are to be 'stablIZed or removed, and all high -guard rails, cross- overs and like track appliances are to be removed in order that a satisfactory crown map be._ obtained in the finished work. The 00J.,tia . Transportation Company shall further remove all loose pavement ar other material to be removed, and a solid. base. ­ or be obtained .before any asphalt or other pavement is laid. The Company shall bring the track slots cracks and depressions to a true surface with a properly eompaced asphalt binder before lay- ing any wearing surface, and all old base shall be approved by the City Engineer before laying any wearing surface. All the materials and pavement mixes are to be supervised and tested by an approved testing laboratory under the direction of the City Engineer. The plans and specifications for this work shall be made by a registered professional engineer, licensed in the State of Arkansas and appraved by the City Engineer- Section 9. That in consideration of the privilege herein -gra , upon. the effective date of this ordinance the ally _shall p&Y on the 20th.�day of Januafy, 19.E and annually Comp a thereafter to the City o f' Little Roek during the period of this franchise, five (5) percentum of its gross receipts received from tares within the City of little Rock and steps ` shall ee test by tAe ±►ny to aseete enact amownt f st brit the Ott of Little � area of ed upon t he gr ©'ids c�mpe� ode under Ordinance 876. ` company since the last 5 %'payment m Tees to pay a 6. the In addition to such amount the Company buses maintenance costs upon all stres"ts over, which. they Operate a � r tracYless trolleys *Jth the ezcepti ©n 'of those streets = .trtaized by the State H w ty Depaa�tment, beginning with the effective date of this ordinifi6s. The Company shall be billed annually' by the. city for its pro rata share for street maintenance, and such ,percentage shall be placed in the street fund of the - 6 - i City to be used, exclusively for the repair of the streets of the City of Lit-tie Rock. Provided, however the Company's responsibility for maintenance of streets ah joining existing tr-ac]c areas shall not begin until the portion of the street outside the present; trek area Am been plweed by the City in a condition comparable 'to- the portion repaved by the Company. The City shall maintain suf ficient and accurate cost records in order to determine the maintenance costs of the affected streets and,-the City, shall keep such records aveii101e far., Company .mspe�ticp. t- al < re sonable tuns ffi. Section. 10: During the time the repairs and resur- facing on the streets here,inbefore described in this Ordinance are being completed, or ditetug the time the equipment is being installed for the operatibA of trackless trolleys and in any emergencies the Company ;moLy use the nearest adjacent streets to its reiiiar routes as will best serve the convenience of the public but following the regular routes as nearly as it is fe as ibf e. Seetioma 11. The said Company may make such extensions of its sys era w 3n the city limits as the City Council msy permit, and if at the expiration of 60 days after request by the City Council to extend or alter its service, said Company shall not have made such extensions or alterations as desired by said Council, then sadi Council may by a majority vote, request further extensions which are practicable and reasonable and if said Company shall not agree that the extensions requested are practicable and reasonable, then said question shall be determined by arbitration. in the following manner, viz: Said Council and said Company shall each appoint a man and the two so chosen shall choose a third, in the event of their failure to agree on a third P`t'` within sixty days, the Chief Justice of the Arkansas Sup 'e Cpsrt shall select the third, which three, so "sele,ete� shall deter*1ne whether the extensions requested are practicable and reasonable, and their decision shall be binding -cam. both said City and Company, and the said Company obligates itself, its successors and assigns, to build such extensions within a reason- able time after the due passage of an ordinance granting it right of way over the streets of the City, if said arbitrators shall decide that said line is practicable and reasonable; the expense of said arbitration shall be paid by the Company. Section 12. The said Company, its successors or assigns, s a`ii'"yeeP a correct set of books showing the daily fares from all of its cars and file in the City Clerk's office on or before -Tanuary 20th of each year, a sworn statement show- ing the gross receipts for the preceding year and the City Council shall at any and: all times have the right to make a full and complete examination of the books and accounts of said Company its successors or assigns, for the purpose of ascertain - ing what the gross fares are. Section- 13. It is expressly stipulated amd agreed as a condition off` migrant, that the said company, its successors and assigns, is to build and maintain its system over the streets or parts of streets covered by this- g -rant and operate its entire system as herein provided and shall not be permitted to abandon either or .any- of .its lines or parts thereof, or cease to operate its cars there Over as. herein provided upon pain of forfeiture, at the option of the City Council of all rights granted here- under except by a vote of a majorJty of the City Council. - 7 - 4 r 10 . §e. , ions 14. The work to be done by the Capital Trans- portation. o ey -upon the streets of the City as provided in this section shall be completed within a period of 18 months from the effective date of this ordinance and the removal of all street' cars and the substitution therefor of trackless trolleys or motor buses shall be completed within a period of 6 months from the effective date of this ordinance. The above work shall be performed within the said time limits unless pre - vented by the failure to obtain materials or equipment due to Valid vex nt restrictions, or due to strikes or vorY. stop- vot- . - other reasons over which the Capital Transportyation Company has no control, and for which it is in no way reboonsible. Section 15. The Capital Transportation Company shall keep and ma n e n s'fast, efficient, and modern transportation system and adopt proper methods of computing depreciation and set up and maintain stiff icient reserves to keep said system and eqquIpment in good order and repair and render the public at all times adequate, economical, dependable and satisfactory service. Section 16. Upon the abandonment of the franchise tbo Gapital"Transpsrtation Company, its successors or assigns, i i remove its poles, trolley wires, and other fixtures erected upon the streets of the City of Little Rock and used for the operation of this system, at its expense and leave such plaices in a suitable condition. However, should the City desire to ate the poles erected for a street lighting system at such time, then. such poles shall become the property of the City at its option. Section 17. The Capital ;Transportation Company shall furnish a bond wj -a a orporate surety approved by the City 4;Loswil .of the, Ci r o L °Ltttl6 Retk in tAe stun of � 0©-0 00 anr:%tl ,g ;t7 :of _ i"tt §ie flock eau itibiwid the : e� t ital on shill f ulf it and faithfully. perform all of the oh11*11tioes; terms, and aonditions of this franchise ordinance and all of the ame udments . thereto during the a nt ire life of tie said franchise.. tpial Transportation Company shall also make the City` a. co- inoured on the bond furnished by the contractor for construction work under this ordinance. Section 18. That the original and continued perform- ance of ea ch eTery material term, stipulation, limitation, and condition herein imposed upon the Capital Transportation Company are hereby made conditions of the said grant and the failure of the Company to perform any of said conditions within the time stipulated, and within sixty (60) days after receiving written notice of such defatilt, at the option of the City, shall work an entire forfeiture and cessation of all the rights and privileges granted herein or exercised hereunder. Soctlon 1,9. Section 2, Paragraph Seventeenth of `11-`O amended so as to include in tits .terms *­*ft 13:*47*" ' trackless trolley and bus routes. Sect on 20. In consideration of the various obligations and duties b e j formed by the grantee hereunder, tX6 said grantee shall be 'e ntitled to collect such fares and charges as jiay from - ix to time be fixed by the Arkansas Public service Com- ie mspn (the state body Having jurisdiction over such :matters, and: bAv'la' a trained ;staff to Hake such determinations) sufficient and adequate to provide a reasonable rate of return on. Its invest - eant s after paying all operating, expenses, taxes maintenance, depreciation and amortization of its. property an& investment, and any other proper charges levied against said company. - 8 - 0 . ,Section 21. The operation of buses and trackless trolleys by the G m any herein shall be as a part of or in lieu of, the street car System operated by the Company u;Aer the franohise set forth in Ordinance 876 passed September 27, 1901, and .the amendments thereto, and the bampany, in addition to all rights, privileges and franchises granted to it in the foregoing ordinances, is hereby given and granted by the City of Little Rocks a twenty five ' (25) year extension to the franchise period covered by the foregoing ordinances. etia�k,` That the Capital Transportation Company within , l5 ` dys i e7r',the passage of this, ordinance by the City Council ct the City of Little. Rock and the approval thereof by the Mayor, shall Pile with. .b"y of Little Rock the written acceptance of this ordinance said acceptance to -be signed and acknowledged by the Presid;4 of said Company and attested by the Secretary, pursuant to a revolution by the Board of Directors of said. Company. Said acceptance shall be upon the form attached at the end of this ordinance. Section. 23. The citizens of Little Rock being without ad$i uate tr n` porFVaTi ©n facilities because of the inability of the Company to get certain e4uipment during the recent war, and the pavement along certain streetcar tracks being in an unsafe condition because of the Company's.'inability to $at certain materials and labor during the recent war, and this Ordinance beipg,necessary for the presergation of the public peace health anal safety, an emergency is hereby declared and this ordinance shall take effect and be in force_ upon its passage and acceptance by the. Company, evidenced by its endor seine nt made upon this ordinance or the record thereof. J j PASSED: :...M, ATTEST: \rnty MR. P TO THE IWOR, AND CITY COUNCIL OF- -THE CITY OF LITTLE ROCK, ARKANSAS: The Capital Transportation Company a corporation authorized to do busiiness they Mate cif Ari , as does hereby accept that certain 6rditahcie ;p ied� ion -th°e � any of 1947. entitled: "AN ORDINANCE TO ABED ORDI NO. 876 . 66 . . E E< GRANTING A RIGHT OF WAY OVER CERTAIN ST �OF i � :. ' _ OF A S 0 CO i CT O1tT - .OP TON.. . APiCE � Y S aPT 27, ,•1'g90T; `,�' GRANTING TO CAPITAL T iITATIOIN C6iP A3SIGIIEE OF SA *D 7R HISE ITS,SUCC�QRS AND °ASSN THS � S �. RIGHT TO OPERATE TRICK - I , TROU?MS ;BUSTS s RM AND STREETS IN TER C ITY OF LIB ROCK j AND FOR CAPITAL T N C ONPANY By A T: en ' 1 r cre frr