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HomeMy WebLinkAbout5515t. ; 1 , I 1 ORDINANCE N 0 - 5515. AN ORDINANCE TO AMEND ORDINANCE NO. 876, ENTITLED: "AN OR- DINANCE GRANTING A RIGHT OF WAY OVER CERTAIN STREETS OF THE CITY OF LITTLE ROCK, ARKANSAS, TO THE LITTLE ROCK TRACTION & ELECTRIC COMPANY FOR THE CONSTRUCTION, OPERATION AND MAIN- TENANCE OF A STREET RAILWAY SYSTEM ", PASSED SEPTEMBER 27, 1901; BY GRANTING TO CAPITAL TRANSPORTATION COMPANY, ASSIGNEE OF SAID FRANCHISE, ITS SUCCESSORS AND ASSIGNS, THE EXCLUSIVE RIGHT TO OPERATE BUSES INSTEAD OF STREET CARS OVER PART OF ITS WEST NINTH STREET LINE AND OVER PART OF ITS SOUTH MAIN STREET LINE, SUPPLEMENTING THE LATTER WITH STREET CAR SERVICE IN HOURS OF PEAK TRAFFIC. a BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK: SECTION 1. That the Capital Transportation Com- pany, assignee of the franchise embodied in Ordinance No. 876, entitled: "An Ordinance Granting a Right of Way over Certain Streets of the City of Little Rock, Arkansas, to the Little Rock Traction & Electric Company for the Construction, Operation and Maintenance of a Street Railway System", and the amendments thereto, its successors and assigns, herein referred to as the "Company ", is granted the exclusive right to operate self - propelled passenger buses instead of street cars over the following streets and routes: PART OF WEST NINTH STREET LINE: Beginning at Main and Markham Streets, thence west on Markham Street to Louisiana Street, thence south on Louisi- ana Street to Second Street, thence east on Second.Street to Main Street, thence south on Main Street to Ninth Street, thence west on Ninth Street to High Street, thence south on High Street to the end of the present street car rails at Thirty -sixth Street, thence back over the same route to Second and Main Streets, thence north on Main Street to Markham Street. SECTION 2. The City agrees to remove the ties and rails of the present street car tracks from the following por- tions of the following streets, and to repair as follows the places where the rails and ties are removed: On West Ninth Street from Louisiana Street to High Street; to be filled and surfaced with 6 -inch concrete. The rails, ties, trolley poles and wires between Main and Louisi- ana Streets shall remain in place, the property of the Company, as a turn - around for street cars. On High Street from Sixteenth Street to Twenty -first Street, and from Twenty- fourth Street to Thirty -sixth Street, the area from which the rails and ties are removed shall be filled in with 4 -inch concrete, and a brick pavement laid on top thereof. On High Street from Ninth Street to Sixteenth Street, and from Twenty -first Street to Twenty- fourth Street, the rails and ties to remain in place; the City to cover the surface above them with asphalt one inch thick. When the ties and rails are removed from said places, the City agrees to pick them up, haul them away, and dispose of them as its property. The Company agrees to pay the wages of an experienced paving bricklayer, to be selected by the Company, who shall do the bricklaying. SECTION 3. When the Company begins operation of buses instead of street cars hereunder on the said West Ninth Street line, title to the said rails and ties on that part of said line from the east side of Louisiana Street west and south to the end of said line, shall pass to the City, and the Company shall have no title to said rails and ties, and shall not be obligated to maintain any of said tracks, or to pave or otherwise repair or improve the streets between the rails or on either side thereof. SECTION 4. The Company shall remove all overhead wires and all trolley poles to which other wires are not at- tached, from the streets on which are that part of its West Ninth Street line west of the east side of Louisiana Street. SECTION 5. During the time the repairs on the streets hereinbefore described in this Ordinance are being made, the Company shall use the nearest adjacent streets to its regular route as will best serve the convenience of the public, following the regular route as nearly as may be. SECTION 6. The Company shall pay the estimated cost to the City of the materials necessary to be used by it in replacing and repairing the pavements described in SECTION 2 of this Ordinance, not to exceed the sum of $20,083.35; such payment to be made by the Company to the City in install- ments as the materials are used by the City; and the Company shall be reimbursed for 64.6% of such paym6nts by its taking credit annually on any su% in excess of $18,000 (and the addi- tional credit provided by Ordinance No. 5356 passed July 21, 1936) that may be owing by it to the City under the eleventh paragraph of said Ordinance No. 876; such credits to be al- lowed the Company in each consecutive year beginning with the payment owing on gross receipts in the year 1937, until such credits amount to a sum equal to 64.6 of the cost of said materials paid to the City by the Company. SECTION 7. The operation of buses hereunder instead of street cars on said part of the West Ninth Street line, herein provided for, shall begin as soon as the Company can obtain the necessary buses from the manufacturer, on orders for such buses placed by the Company with the manufacturer be- fore March 1st, 1938. It is contemplated by the City and the Company that the Company will have said buses from the manu- facturer, and in operation, by July 1st, 1938; and that the City will begin removal of the rails and ties, and making the repairs to the pavements hereinbefore provided for, immediately after said buses are in operation, and that it will complete that work as soon as possible. SECTION 8. It is contemplated by the City that it will be able to secure WPA labor without cost to it to do the work hereinbefore provided for to be done by the City on the streets used by the West Ninth Street line west of Louisiana Street; and the City and the Company agree that should the City be unable to secure definite assurances before February 1st, 1938 that such labor would be available, the respective times hereinbefore provided for the Company to order buses for said part of its West Ninth Street line, to begin their operation, and for the City to do the work on the streets and for the Company to pay for the materials used therein, shall be extended until the City notifies the Company in writing that it has made satisfactory arrangements for the necessary labor for said work; and on such notification the Company shall order the buses for use on said part of said West Ninth Street line, and put them in operation thereon as soon as received; and the work on the streets hereinbefore provided for shall be proceeded with by the City as soon as possible after operation of said buses is begun. During any such delay, the paving obligations of the Company under its franchise are not affected thereby. SECTION 9. The Capital Transportation Company, as assignee of the franchise embodied in said Ordinance No. 876, and the amendments thereto, its successors and assigns, is granted the exclusive right to operate self - propelled passenger buses, as well as street cars, over the following streets and routes, beginning as soon as the Company can secure said buses from the manufacturer, orders for which shall be placed within fifteen days after the passage of this Ordinance. PART OF SOUTH MAIN STREET LINE: Beginning at Markham and Main Streets, thence west to Louisiana Street, thence south to Second Street, thence east to Main Street, thence south to Twenty -third Street, thence west to Ringo Street, thence south to Twenty - eighth Street, thence east to Arch Street, thence north to Twenty - third Street, thence east to Main Street, thence north to Markham Street. The operation of buses on the South Main Street line hereinbefore described to be at those hours provided by the rules of the Company for operation of street cars; except at hours of peak traffic, approximately between 7:00 a. m. and 9:00 a. m., and between 4:00 p. m. and 6:30 p. m. (except on Sundays and other holidays) the operation of buses shall be supplemented by the operation of street cars; and that may be done by the Company on occasions on other days,and at other hours, where because of some extraordinary conditions the traffic is beyond the capacity of the buses to reasonably ac- commodate. SECTION 10. Immediately after January 1st, 1939 the Company shall order from the manufacturer such additional buses for the said part of its South Main Street line as may be need- ed for complete bus service on the said part of its South Main Street line, instead of street cars; and as soon as said addi- tional buses are received from the manufacturer the Company shall discontinue the operation of its street cars on said part of its South Main Street line, with the exclusive right to oper- ate self - propelled passenger buses thereon; and on the begin- ning of its complete operation of buses on its South Main Street line, title to the rails and ties on that part of said line from Twenty -first and Main Streets south and west to the end thereof, and on Twenty- eighth Street, and on Arch Street, shall become the property of the City, and the Company shall have no title to said rails and ties, and shall not be obligated to maintain any of said tracks, or to pave or otherwise repair or imprzve the streets between the rails or on either side thereof. The City shall remove the rails on Main Street from Twenty -fimt Street to Twenty -third Street, and lay brick in place then. The City shall remove the rails from Twenty -third and Main Streets to Twenty -third and Ringo Streets, and the space ]eft thereby shall be filled by it with concrete and a one -inch sur- face of asphalt. From Twenty -third and Ringo Streets to 4 1 Twenty - eighth and Ringo Streets, and from Twenty- eighth and Ringo Streets tp Twenty- eighth and Arch Streets, and from Twenty- eighth and Arch Streets to Twenty -third and Arch Streets, the rails shall remain in place and a one -inch asphalt surface shall be laid by the City over them and in the space between them. SECTION 11. When operation of all buses on said part of the South Main Street line shall begin, the Company shall pay to the City, in installments as the work is done, the estimated cost to the City of the materials used by it in replacing and repairing the pavements on said South -Main Street line south and west of Twenty -first and Main Streets, not to exceed the sum of $4,665.43; such payment to be made by the Company- -:to the City in installments as the materials are used by the City; and the Company shall be reimbursed for 64.6% of such payments by its taking credit annually on any sum in ex- cess of $18,000 (and the additional credits provided by Ordinance No. 5356 passed July 21, 1936 relating to the Com- pany's West Fifteenth Street line, and by the first part of this Ordinance relating to its West Ninth Street line) that may be owing by it to the City under the eleventh paragraph of said Ordinance No. 876; such credits to be allowed the Company in each consecutive year beginning with the payment owing on gross receipts in the year 1939, until such credits amount to a sum equal to 64.6% of the cost paid the City by the Company. SECTION 12. As soon as the additional buses are re- ceived by the Company after January 1st, 1939, for complete bus service on the said part of the South Main Street line, and are in operation, the City shall complete its work herein - before mentioned to be done on the pavements on said line south and west of Twenty -first and Main Streets, and shall complete such work as soon as it can; and until said work is completed, the buses on said part of the South Main Street line shall use the nearest adjacent street or streets to the regular route as will best serve the convenience of the public, following the regular route as nearly as may be. SECTION 13. On completion of the bus service on said part of the South Main Street line after January lst, 1939, as hereinbefore provided for, south and west of Twenty - first and Main Streets, and the discontinuance of the use of street: cars thereon, the Company shall remove from that part of the route of its South Main Street line south and west of Twenty -first and Main Streets its trolley wires and equipment appurtenant thereto, except poles to which are attached other wires than trolley wires. SECTION 14. It is agreed between the City and the Company that the Company shall not be requested to, and shall not have the right to operate buses over its other lines than its West Fifteenth Street line, heretofore agreed to, and now in operation, and that part of its West Ninth Street line, and that part of its South Main Street line, herein provided for, until after July lst, 1939, except by agreement between the City and the Company. SECTION 15. The rails, ties, trolley wires and equipment used by the South Main Street line on Markham Street and on Main Street to Twenty -first Street, and by the West Ninth Street line from Markham Street to West Ninth Street, shall not be disturbed, as they are used. by other street car lines of the Company. SECTION 16. Statements of account showing the amount of franchise tax and the amount of credits taken thereon by the Company, shall be furnished annually to the City by the Company. SECTION 17. The operation of the buses by the Company herein provided for shall be as a part of the street car system operated by the Company under the franchise set forth in said Ordinance No. 876 passed September 27th, 1901, and the amendments thereto; and except as herein modified the rights of the City and the Company, respectively, under said Ordinance No. 876 and the amendments thereto are gov- erned thereby; and this Ordinance shall become a part of the franchise so granted. SECTION 18. This Ordinance shall take effect and be in force upon its passage and acceptance by the Company, evidenced by its endorsement made upon this Ordinance or the record thereof; and all ordinances and parts of ordinances in conflict herewith are hereby repealed. Passed: November 22, 1937 Attest A GvxA� ity Clerk. Mayor. Asee ted this i day of WJw, 1 . r � y X37 CAPITA ORTATION COMPANY By