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ftpe ORDINANCE NO.142� AN ORDINANCE GRAaNTING TO MISSOURI PACIFIC RAILROAD COYFANY AND NORTH ARKANSAS FAM1 SUPPLY, INC., OF BATESVILLE, ARKANSAS, A RIGHT OF WAY OVER AND ACROSS FOWLER STREET, AND THE PRIVILEGE TO USE AND OCCUPY IN CONNECTIOE THEREWTITH SUCH NEEDED PORTION OF ELSIE STREET, FOR THE PURPOSE OF CONSTRUCT1113 AIWA hAINTAINIi11'. A RAILROAD SPUR TRACK; AND FOR OTHER PURPOSES. BE IT ORDAINED BY Tr~E CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section One. That the D:issouri Pacific Railroad Company and the North rIcansas Farm Supply, Inc., of Batesville, Arkansas, be and hereby granted. a right of way over and across Fowler Street in the City of Batesville, Arkansas, for the purpose of constructing a spur railroad track to the bus- iness building situated on Lot One (1) in Block Thirty-two (32) of Fowler's Addition to the City of Batesville, Arkansas, the location of said right of way herein granted being as followss Contiguous and adjacent to and immediately Northeast of the Missouri Pacific Railroad Company's track as now located and cross- ing said Fowler Street, and near and only a short distance from the Southwest corner of said. Block 32 of said Fowler's Addition. This right of way is given and granted subject, however, to the ordi- nances now in force in said City relative to maintaining suitable crossings, signs, etc.; shall be maintained in such condition that it may be used as a street and highway by automobiles and other vehicles; and shall be floored, graded and filled to a level with the top of the rails; and the maintenance and repair of said right of way done at all times by the grantees herein. Section Two. The grantees herein are hereby given and granted the right and Privilege to use and occupy for said spur track, as aforesaid, that needed portion of Elsie Street (formerly Locust Street) lying immediately adjacent to said building. Section Three. It is ascertained and declared that the grantees herein are in great need o said right of way and other rights and privileges herein which if not immediately granted will seriously impede the industrialb and business advancement of said City, and thereby endanger the life, health and safety of its inhabitants. It is 1hherefore declared that an emergency exists, that this ordinance is necessary for the immediate preservation of the public peace, health and safety, and that this ordinance shall take effect and be in full force from and after its passage. Passed: ' , 1953. AFPROVED ,c,�•cy 'ayor. Attests City C le r'.