ARTICLE 3 CONDITIONS UNDER WHICH PRIVILEGES GRANTED SHALL BE EXERCISED

Section

13.77   In General.

13.78   Obstruction of Public Streets.

13.80   Manner of Construction.

13.82   Right Reserved by City.

13.85   Construction Permits, Plans and Standards.

13.86   Public Improvements.

13.87   Grade Changes.

13.88   Abandonment.

13.89   Transfer of Permit.

13.92   Revocation of Permit.

13.93   Term of Permit.

13.95   Renewals of Existing Spur Track Permits.

13.96   Indemnification to City.

Sec. 13.77. In General.

   Every permit granted for the construction, operation, and maintenance of spur tracks shall be exercised and enjoyed at all times subject to the conditions contained in this article and any other reasonable condition or conditions, provided that such conditions do not conflict with Federal and State laws and standards.

SECTION HISTORY

Based on Ord. No. 61,206.

Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

Sec. 13.78. Obstruction of Public Streets.

   No railroad train, car or locomotive shall be permitted to remain continuously upon the portion of a spur track in any public street, except during the time reasonably required for switching, loading or unloading provided that the railroad shall remove such train or portion thereof within forty-eight (48) hours of receiving an order for such removal from the franchise division of the Department of Transportation.

SECTION HISTORY

Based on Ord. No. 61,206.

Amended by: Ord. No. 86,214; Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

Sec. 13.80. Manner of Construction.

   Surface filling materials placed within two feet of and between the rails of a spur track shall be installed and maintained to the satisfaction of the Board of Public Works. The Board reserves the right to prescribe the use of wood, asphalt or concrete as a filling material. Other filling materials may be substituted provided such are acceptable to both the railroad and Board. All work and materials shall be in accordance with Federal and State laws and standards.

SECTION HISTORY

Based on Ord. No. 61,206.

Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

Sec. 13.82. Right Reserved by City.

   The privilege granted by this permit does not limit or affect the right and power of the City or its permittees or franchisees to construct, install, maintain, repair, renew, operate, use or remove proprietary properties in any public street, provided that any such work shall not unreasonably interfere with the use of any existing spur tracks in such public street. Spur track permittees shall be notified of any such proposed construction and afforded an opportunity to be heard thereon.

SECTION HISTORY

Based on Ord. No. 61,206.

Amended by: Ord. No. 156,921, Eff. 10-15-82.