(a) Definitions. In this section:
(1) SPECIAL CLASS TRACK means track verified by the director, as described in Article V of this chapter, for the operation of trains at unlimited speeds greater than 110 miles per hour.
(2) The following terms have the meanings given them by the federal regulations adopted in Section 39-16 of this chapter:
(A) FRA CLASS 5 TRACK; and
(B) FRA CLASS 6 TRACK.
(b) Standards. A railroad company shall construct, improve and maintain its FRA class 5, FRA class 6, and special class track in accordance with standards recommended by the director and approved by the city council for each individual line.
(c) Procedure.
(1) Railroad company’s submission. Before constructing or improving any track to qualify as FRA class 5, FRA class 6, or special class track, a railroad company shall submit to the director all plans and specifications for the proposed construction or improvements.
(2) Director’s recommendation.
(A) After 90 days from receipt of the railroad company’s plans and specifications, the director shall recommend to the city council whether or not the plans and specifications are sufficient to merit the higher speed limits designated by Section 39-27(b)(2) to correspond to FRA class 5, FRA class 6, and special class track.
(B) The director shall notify the railroad company of his recommendation at least 30 days before council action. The director’s notification shall be in writing and sent by certified mail, return receipt requested.
(3) Public hearing.
(A) The city council shall hold a public hearing to consider the railroad company’s plans and specifications. Notice shall be published once in the official newspaper of the city 10 days before the hearing.
(B) After the public hearing, the city council may accept or reject the railroad company’s plans and specifications. (Ord. 18100)