Loading...
HomeMy WebLinkAbout786ORDINANCE NO. AN ORDINANCE GRANTING TO MISSOURI -PACIFIC RAILROAD COMPANY A RIGHT-OF-WAY AND PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A SPUR TRACK IN A PUBLIC STREET WHICH CONNECTS THE SOUTH END OF RIVER STREET AND THE SOUTH END OF ALLEN STREET EXTENDED AT A LOCATION IMMEDIATELY NORTH OF SAID RAILROAD'S EXIST- ING SPUR TRACK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, Banquet Foods Corporation is constructing avplant in the City of Batesville, Arkansas, which plant must be served by a spur track of the Missouri -Pacific Railroad Company; and WHEREAS, it is necessary that said spur track be constructed within and along a public street which connects the South end of River Street with the South end of Allen Street extended at a loca- tion immediately North of said railroad company's existing spur track; and WHEREAS, it is in the public interest that the City grant the Missouri -Pacific Railroad Company, its successors and assigns, a right-of-way and permit to construct, operate and maintain a spur track on, over and along said public street; NOW, THEREFORE, be it ordained by the City Council of the City of Batesville, Arkansas: SECTION 1: The Missouri -Pacific Railroad Company,a Missouri corporation, its successors and assigns, be and it hereby is granted a right-of-way and permit to construct, operate and maintain a spur track on, over and along a public street which connects the South end of River Street with the South end of Allen Street extended at a location immediately and approximately North of said railroad company's existing spur track, together with the right to cross said River Street and Allen Street extended with said spur track to be constructed as aforesaid, all substantially in accordance with the map attached hereto and made a part hereof as Exhibit "A"; that the right-of-way shall be hard surfaced and the spur track constructed and maintained so that it will be level with the street and not prevent the continued use of the street by the public. SECTION 2: The parking of any type of vehicle on said streets at any time so as to obstruct the free movement of trains, locomotives or cars on said track is hereby prohibited. Violation of this section is declared to be a misdemeanor punishable as provided by law. SECTION 3: The construction and operation of said spur track is immediately necessary in order that said new industry may be constructed and placed into operation without delay, and the same being necessary for the public convenience and welfare, an emergency is declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED: 2 d %U APPROVED: 1 AYOR <. ATTEST: City C rk MEN= Y t C2 EXCERPTS FROM MINUTES OF A MEETING OF THE BATESVILLE CITY COUNCIL HELD July 28 , 1970 The City Council of the City of Batesville, Arkansas, met in regular session at its regular meeting place in Batesville, Arkansas, at 7:00 o'clock _p.m., on the 28th day of July , 1970. The following were present: Mayor R. W. Sturch; City Clerk Floy Row , ; and Aldermen A. J. Beckman, Noel Bone, Bobby Leonard, Dean Lewallen, Boyce Nash, Charles Runyan, Glen Shelton and Earl Tripp Absent: None The Mayor stated that consideration should be given to an ordinance granting to Missouri -Pacific Railroad Company a right-of-way and permit to construct, operate and maintain a spur track in the public street which connects the South end of River Street and the South end of Allen Street Extended. This was a matter with which the Council was familiar and after a discussion, Alderman Bobby Leonard introduced an ordinance entitled: AN ORDINANCE GRANTING TO MISSOURI -PACIFIC RAILROAD COMPANY A RIGHT-OF-WAY AND PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A SPUR TRACK IN A PUBLIC STREET WHICH CONNECTS THE SOUTH END OF RIVER STREET AND THE SOUTH END OF ALLEN STREET EXTENDED AT A LOCATION IMMEDIATELY NORTH OF SAID RAILROAD'S EXIST- ING SPUR TRACK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. and the City Clerk read the ordinance in full. 92 Page 2 Alderman Runyan , seconded by Alderman Shelton , moved that the rule requiring the reading of an ordinance or resolution in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted aye: A J Beckman, Noel Bone, Bobby Leonard, Dean Lew- allen, Boyce Nash, Charles Runyan, Glen Shelton and Earl Tripp and the following voted nay: None Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule sus- pended. The ordinance was then read by the City Clerk. Alderman A. J. Beckman seconded by Alderman Earl Tripp then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted aye: A J Beckman Noel Bone Bobby Leonard, Dean Lew- allen, Boyce Nash, Charles Runyan, Glen Shelton, and Earl Tripp and the following voted nay: None The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Clerk. Page 3 Alderman Boyce Nash , seconded by Alderman Glen Shelton , moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted aye: A. J. Beckman, Noel Bone, Bobby Leonard, Dean Lew- allen, Boyce Nash, Charles Runyan, Glen Shelton and Earl Tripp and the following voted nay: None Alderman Earl Tripp , seconded by Alderman Boyce Nash , moved that Section 6, the emergency clause, be adopted, and on roll call the following voted aye: A. J. Beckman, Noel Bone, Bobby Leonard, Dean Lew- allen, Boyce Nash, Charles Runyan, Glen Shelton and Earl Tripp and the following voted nay: None The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 786 (Matters not relating to the ordinance granting to Missouri - `ft"' Pacific Railroad Company a right-of-way and permit to construct, operate and maintain a spur track in the public street which connects the South end of River Street and the South end of Allen Street Extended. are omitted.) There being no further business, the Council adjourned. Mayor ATTEST: OeDLL City C1 rk (SEAL)