Permits may be granted by the Council by ordinance, for the construction and maintenance of spur tracks or side tracks and the running of cars thereon for the purpose of connecting warehouses, manufactories or other business industries and enterprises with any line of railroad or railway within the City, upon such terms and subject to such regulations and conditions as may be prescribed from time to time by ordinance, such tracks to be used for the transportation of freight only, and not to be used for the purpose of excavating or filling in a street or portion of a street or the adjoining land, and for such limited time as may be necessary for such purpose and no longer. Such tracks must be laid and operated in such manner and under such restrictions as not to unreasonably interfere with the use of a street by the public.
(1) No such permit shall be revoked until after a hearing before the Board of Transportation Commissioners and its recommendation approved by a majority vote of the City Council. The City Council need not advertise for sale any permit granted under the conditions of this section.
(2) Provided, that each such application shall first be referred to the Board of Transportation Commissioners for its recommendations, and proceedings taken as to such reference in accordance with the provisions of this chapter.
(3) Nothing in this section, however, shall be construed as preventing the granting of a franchise for any of the purposes mentioned above where application is made therefor in compliance with the provisions of this chapter.
SECTION HISTORY
Based on Ord. No. 58,200.
Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 176,006, Eff. 7-12-04.