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HomeMy WebLinkAbout3443ORDINANCE IN ORDINANCE GRANTING ?IGHT -OF r'AY TO THE MISSOUIII PACIFIC '',�� IVVJ ,Y COMT, ANY i0 LAY ITS TRACKS 017 COLLINS STILEET BET7= ? SECOND 1-YD TEIPD 37 -.=TS rd'D aFOR OTH R PURPOSES. BE IT ORDAINED BY TN, CITY COTTTTCIL OF 1'i? CITY OF I,I?TI.E ROCK: SECTION1. That for and in consideration of the -payment by the 1."issouri Pacific Railroad Company, its successors and assigns, of the suns of X50.00 ner year, payable in advance, a right- of -vray be and the same is here-r.y given and granted to the :. issouri ?acific Railway Company, its succe.�sors and assigns, to lay, maintain asd operate, for a -period. of twenty-five (25) years from the date of the passage of this ordinance, a single track, beginning at a ,point at the north intersection of Second and Collins Str ets, at a -point where its tracks now are, and to extend said track across Second Street, along Collins Street, for a distant of one block to the north intersection of said Collins and Third Streets. -C ^ION 2. This grant is conditioned that the said grantee, its successors a::d assigns, shall so construct and maintain said track that the construction or operation there of shall in no manner affect or interfere with traffic along said streets or alleys , and that said track shall be laid to the grades o±' such streets and alleys as such grade is now or nerafter be established by the prover city authority, it b=ang ex-pressly u- .derstood that the city reserves tine right to change such grade at its pleasure, without in any manner being rendered liable therefor to the grantee herein, and such crossings as the City Council may direct shall be placed and maintained by said Railway Company at such str, :ets and intersectionsof streets and alleys as may be proscribed by the City Council. SECTION 3. This grant is further conditioned that in the event t-:e str:tet where said spur track is laid should be paved, and said grantee, its successors and assigns, shall built; and maintain between the rails of said tracks, aid five feet on each side thereof,a pavement of like character, and matei:ial as may be laid alon;-; said streets, and. shall in the construction and maintenance of all traczs or pavement under the terms of this ordinance mz-,' -e provision for the proper dis- c' arge of all surface eater and such drains as may become nece::sary by reason of t,le construction of said track. SECTION 4. The City Council -prese wes the right to control anc?_ regulate V,e sneed of all engines; trains or Other rolling stock on such track, and also reserves the riM,ht to control tnd regulate the time v ithin :.hick said switchinc, may be done, and no car or other rolling stoci, shall be permitted to stand on any streets or alleys that a._e eorssed by said tracks, but all street a-1d alley crossings shall at all times be rte t free from cars or r:11in7 stock except while switching- is being performed. SECTION 5. It is further agreed, b;;r the acceptance of this grant, t1rat the grantee, its successors and a---signs, shall hold the city har:,.less from any damage of any land occasioned or arising out of either the construction or the use or the operation of said track. SECTION 6. This ordinance shall be in force and take effect only unon its acceptance in v;-riting b the grrantee herein upon the margin of the r <,cord of this ordinance when recorded, within six (6) months after its passage. PASSED: G` G`�2__ �l i -7, / �1 '5- L ^T IT'S T A • tee, �'DFO©. D: Ci �le. \. =a :ror