§ 38-3. Map and profile required before grant of right-of-way.  


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  • (a)

    No right-of-way over any of the streets within the city shall be granted to any railway company unless a map and profile of the grades along the streets named shall accompany the application and ordinance granting the right-of-way. It shall be the duty of the city engineer to inspect any and all such maps and profiles and report the result of his investigation as soon thereafter as possible to the city council, and no right-of-way shall be granted until such examination shall be made and reported upon in order to better protect the rights of property owners along the several streets; provided, that there shall be no costs attached to the city.

    (b)

    When a railroad company applies to renew a franchise to cover existing track or tracks, including tracks which cross a street or streets, the city engineer, with the concurrence of the director of the department of administration and regulatory affairs, may waive the requirement for filing a profile of the grades along or across the streets named in the application by filing a written recommendation with the city council to be attached to said application, provided that the railroad company shall furnish said profile upon the request of the city engineer.

(Code 1968, § 39-3; Ord. No. 70-177, § 1, 2-4-70; Ord. No. 87-851, § 1, 6-2-87; Ord. No. 90-635, § 80, 5-23-90; Ord. No. 08-52, § 62, 1-16-08, eff. 1-26-08)

Cross reference

Official survey system, § 33-61 et seq.