HomeMy WebLinkAboutOrdinance 115 An ordinance defining the manner of constructing and maintaining rail— ,
. road beds and approaches at the crossings of public streets in the City
of Fayetteville Arkansas .
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Be it ordained by the City Council of the City of Fayetteville I
Arkansas . I
Section 1 . Whorevor any railroad company or corporation has
constructed or shay hereafter construct a railroad across any public �l
street or highway is said City, now established or hereafter.-to be es—
tablished , or where any public street or highway hereafter established
shall cross any railroad now established or hereaft® d` to bw establishod ,
such railroad company or corporation shall so construct such railroad , or
so alter or construct the road bed of such public street or highway that
the approaches to the railroad bed , on either side , shall be made at no
greater elevation or dopression than one perpendicular foot for every
fivo feet of horizontal distanoa , , such elevation or depression being
caused by reason of the construction of said railroad ; provided at any
crossing of any public street or highway such railroad mny be crossed
by a good and safe bridge to be built and maintained in good repair by
the railroad company or corporation owning or operating such railroad .
Section 2 . Whenever any railroad company or corporation shall
fail or refuse to construct or keep in good repair such crossing in the
manner prescribed by section 1 of this ordinance , it shall be the duty
of the marshal or Chief of Police offiedr of said city to give written
notice to the section foreman or boss , of that part of the railroad
where suchtlerossing^is made , or to the nearest station agent to said ,
crossing, of such neglect or refusal and requiring the party so notified
to so construct or change the construction of the said crossing within
the next sixty days that it shall conform to the terms os this ordin once .
Said notice shall be served by delivering a copy to the party so noti—
fied and the written return of such officor shall be prima facie evi—
dence of duo servi o of the same .
MICROFILMED
DATE OCT 4 Lqm
REEL l7 "27
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Section 3 . Any railroad company refusing or neg-
lecting to comply with the provisions of this ordinance within
the sixty days after notice has been served in the manner pre -
scribed by section 2 of this ordinance shall forfeit and pay to
said City , a sum not less than one hundred dollars nor more
than five hundred dollars , and five dollars per day for every
day such refusal or neglect shall continue after the expiration
of sixty days notice served on such railroad company or
corporation as herein specified ; and such penalties may be
recovered by suit in the name of said City before any court of com-
petent jurisdiction .
Section 4 . This ordinance shall take effect and be
in force from and after its passage ,
August 26th , 1901 . Ordinance No . 115 .
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