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HomeMy WebLinkAbout5354S "3s °y O R D I N A N C E N O. J" 9J'-,L TO A1HEND ORDINANCE NO. 876, ENTITLED: "riN ORDINANCE GRANTING A RIGHT OF WkY 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" 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 ITS FIF- TEENTH STREET LINE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK: Section 1. That the Capital Transportation Company, assignee of the franchise embodied_ in Ordin- ance No. 876, entitled: ''An Ordinance Granting a Right of 17ay over Certain Streets of the City of Little Rock, Arkansas, to the Little Rock Traction & Electric Com- pany 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 route: 17est Fifteenth Street Line: Beginning at Fourth and Main Streets; west on Fourth Street to Louisiana Street; south on Louisiana Street to Capitol Avenue; east on Capitol Avenue to ":Main Street; south on Main Street to Fifteenth Street; west on Fifteenth Street to Pulaski Street; south on Pulaski' Street to Sixteenth Street; west on Sixteenth Street to Park revenue; south on Park Avenue to Wright Avenue; east on Wright Avenue to Summit Avenue; south on Summit Avenue to Tip.enty -fifth Street (Roosevelt Road); thence south c:cross Twenty -fifth Street (Roosevelt Road), turning on Company's property at that place; return over same route to Capitol Avenue and 114ain Street; thence east on Capitol Avenue to Scott Street; north on ucott Street to Fourth Street; west on Fourth Street to be- ginning of route;'a suitable stop to be desig- nated by the City authorities at the curb on West Fourth Street between Main and Louisiana Streets, and parking thereat by others to be prohibited. ORDINANCE NO. #2. Section 2. During the time the City is laying the pavement over the street car tracks on Fifteenth Street herein provided for, the route of the bus line from Main Street to Pulaski Street shall be on Sixteenth Street; and during the time the City is laying the -pavement over the street car tracks on other portions of the West Fifteenth Street line the buses shall use the nearest adjacent streets to the route outlined above as will best serve the convenience of the public, follo7ring that route as nearly as may be. Section 3. Except those at Sixteenth Street Park Av e needed for a turn - around for Fair Park South Highla cars, the Company shall remove om that part of the said ute of its buses west Jain Street its trolley wires an uipment appu ant thereto, in- cluding all trolley wire es exclusively as such, (with the right to remove or ose of other of its trolley ware poles along said e to :trhi are attached other wires than trolle . res;jand shall ha the right to re- move the swit S. frogs and curve rails a 'fteenth and =fain Str , and it shall replace that part o e pave- ment ich it takes up in the removal of such switc ogs and curve rails. Section 4. The Company shall leave in place the street car tracks on said Vest Fifteenth Street line from Main Street to its western terminus, and shall con- tinue to own and use the curve, switches and "VI track at Sixteenth and Park Avenue and fifty (50) feet south thereof as turn - around facilities for its Fair Park and South. Highland lines; and the City shall own the other tracks on said Wiest Fifteenth Street line west of Main Street and the City shall cover them and the space be- tween them, for their entire length, with asphalt paving one inch thick laid hot, and the Company shall pay to the Cit the sum of Eight Thousand and Thirty -one Dollars ($8,031} as hereinafter provided; and the City shall have the right to leave said tracks in the streets or to remove them therefrom, as its property, as it shall see fit, and the Company shall have no title to said rails 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, except as to those at Sixteenth and Park Avenue hereinbefore described, title to which shall remain in the Company. - -- The operation of the b » -seG hn der, instead of str , Fifteenth meet -3 1-, s all begin as soon as the Company r y ORDINANCE NO. #2• Section 2. During the time the City is laying the pavement over the street car tracks on Fifteenth Street herein provided for, the route of the bus line from Main Street to Pulaski Street shall be on Sixteenth Street; and during the time the City is laying the pavement over the street car tracks on other portions of the !Vest Fifteenth Street line the buses shall use the nearest adjacent Section 3. Except those at Sixteenth Street and Park :;venue needed for a turn - arcund for :,Fair Park and South Highland cars, the Company shall remove from that part of the said route of its buses west of T_ain Street its trolley wires and equipment appurtenant thereto, in- cluding all trclley :Tire poles used exclusively as such; and shall have the right to remove the switches, frogs Lind curve rails at .21if teenth and L-ain Streets, and it shall replace that part of the pavement which it takes up in the removal of such s: :itches, frogs and curve rails. Section 4. The Company shall leave in place the street car tracks on said Vest Fifteenth Street line from Main Street to its western terminus, and shall con- tinue to own and use the curve, switches and ItYn track at Sixteenth and Park Avenue and fifty (50) feet south thereof as turn - around facilities for its Fair Park and South. Highland lines; and the City shall own the other tracks on said West Fifteenth Street line west of Main Street and the City shall cover them and the space be- tween them, for their entire length, with asphalt paving one inch thick laid hot, and the Company shall pay to the Cit the sum of Eight Thousand and Thirty -one Dollars ($8,031} as hereinafter provided; and the City shall have the right to leave said tracks in the streets or to remove them therefrom, as its property, as it shall see fit, and the Company shall have no title to said rails 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, except as to those at Sixteenth and Park Avenue hereinbefore described, title to which shall remain in the Company. der, instead of Qt sFi J01 ORDINANCE NO. #3. the necessary buses from the manufacturer.. 1 Payment of_-,- the Eight Thousand and Thirty -one Dollars ($8 03 the Company te_ he City herein provided fo]?, 1 be made tai 'nstalments e of Forty -fiv nndred Dollars in VV 1-1 i , 04,500) when the opera of uses Herein provided for shall begin, and the ai Thirty -five Hundred and Thirty -one Do X3,531) sha paid as soon thereafter a e said paving over and bet the rails on sai st Fifteenth Street line west of !fain t is ted. Section 6. The Company shall be reimbursed ,.: for the Forty -five Hundred Dollars ($4,500) advance pay- ment hereinbefore provided for, by its taking credit on any sum in excess of Eighteen Thousand Dollars that may be owing by it to the City under the eleventh paragraph of said Ordinance No. 876, such credit to be allov;ed the Company in each consecutive year beginnin* with the pay- ment owing on gross receipts in the year 1936 until such credits amount to the sum of Forty -five Hundred Dollars 04,500) without interest. �I I I_ Section 7. 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 fran- chise set forth in said Ordinance No. 876 passed Septem- ber 27, 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 amend- ments thereto are governed thereby, and this ordinance shall become a part of the franchise so granted. Section 8. This ordinance shall take effe be in:"o�ce-u its passage and acre e Company, evidenced by its eh -o- upon this ordinance, or the record th2xaa, n all ordih-aTrces- -zL_d� parts �es -in of ordin- as� conflict herewith are hereby repealed-. _ PASSED ATTEST ACCEPTED: CAPITAL SPORTATI N COAPANY, 0,-.0 °u`w"t`� ,y v .�.L . sue- BY 1936. Section 8. 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 ordin- ances in conflict hereinith are hereby repealed. Provided, hoarever, that if it is determined before the paving is begun that the pity is unable to lay the pavement provided for in this ordinance for the sum of Eight Thousand and hirty -one Dollars (38,031), and the Company is so notified in writing, this ordinance shall be null and void and of no effect, un- less the City and the Capitol Transportation Company mutually agree on who shall be liable for any additional sum of money to cover the costs of paving.