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ORDINANCE NO. <br />AN ORDINANCE GRANTING TO MISSOURI -PACIFIC <br />RAILROAD COMPANY A RIGHT-OF-WAY AND PERMIT <br />TO CONSTRUCT, OPERATE AND MAINTAIN A SPUR <br />TRACK IN A PUBLIC STREET WHICH CONNECTS <br />THE SOUTH END OF RIVER STREET AND THE SOUTH <br />END OF ALLEN STREET EXTENDED AT A LOCATION <br />IMMEDIATELY NORTH OF SAID RAILROAD'S EXIST- <br />ING SPUR TRACK; DECLARING AN EMERGENCY; AND <br />FOR OTHER PURPOSES. <br />WHEREAS, Banquet Foods Corporation is constructing avplant in <br />the City of Batesville, Arkansas, which plant must be served by a <br />spur track of the Missouri -Pacific Railroad Company; and <br />WHEREAS, it is necessary that said spur track be constructed <br />within and along a public street which connects the South end of <br />River Street with the South end of Allen Street extended at a loca- <br />tion immediately North of said railroad company's existing spur <br />track; and <br />WHEREAS, it is in the public interest that the City grant the <br />Missouri -Pacific Railroad Company, its successors and assigns, a <br />right-of-way and permit to construct, operate and maintain a spur <br />track on, over and along said public street; <br />NOW, THEREFORE, be it ordained by the City Council of the <br />City of Batesville, Arkansas: <br />SECTION 1: The Missouri -Pacific Railroad Company,a Missouri <br />corporation, its successors and assigns, be and it hereby is granted <br />a right-of-way and permit to construct, operate and maintain a spur <br />track on, over and along a public street which connects the South <br />end of River Street with the South end of Allen Street extended at <br />a location immediately and approximately North of said railroad <br />company's existing spur track, together with the right to cross <br />said River Street and Allen Street extended with said spur track <br />to be constructed as aforesaid, all substantially in accordance <br />with the map attached hereto and made a part hereof as Exhibit "A"; <br />that the right-of-way shall be hard surfaced and the spur track <br />constructed and maintained so that it will be level with the street <br />and not prevent the continued use of the street by the public. <br />