Chapter 13.28
STREET USE BY RAILROADS

Sections:

13.28.010    Applicability of chapter to franchises.

13.28.020    Payments required for street use.

13.28.030    Continued use deemed acceptance of pay system.

13.28.040    Railroad crossing improvements.

13.28.050    Safety improvements.

13.28.060    Payment of fees.

13.28.070    Adjustment of fees for interstate commerce.

13.28.080    Effect of chapter upon termination of franchise.

13.28.090    Payment responsibility.

13.28.100    Service of chapter upon affected companies.

13.28.110    Enforcement.

13.28.010 Applicability of chapter to franchises.

A. When and if a railroad company is granted a franchise relating to any street used in the conduct of the railroad business, this chapter shall become null and void as to any street or portion thereof contained or described in the franchise.

B. This chapter shall have no force and effect whatever and does not relate to any street in the city over, under, or on which any railroad company now has any right whatever by virtue of any existing franchise or other valid agreement by and between the city and such railroad company, but shall take effect and apply to any street, or portion thereof, at the expiration of any existing franchise or other agreement which expires by its terms, and shall be effective as it relates to such streets, or parts thereof, from and immediately after the expiration of said franchise or agreement. [Code 1980 at § 11.20.030].

13.28.020 Payments required for street use.

The continued use of the public streets by railroad companies in the city without payment of a reasonable value of such use by the railroad companies to the city is declared to be contrary to the public interest, and the railroad companies are ordered to remove their tracks, installations, and facilities used in the conduct of their railroad business from the city streets within a period of 1,000 days from the effective date of the ordinance codified in this chapter or, in the alternative, the companies are required to pay to the city the reasonable value of the temporary occupation and use of the streets, which is declared to be the sum of $0.10 per foot, per year, for each year or part thereof that any railroad company or companies own, maintain, or operate a track on, across, under, or over any of the streets of the city. The city reserves the right to change the fee or to terminate or modify at any time the requirement for payment thereof and/or to order the companies to remove their property from the public streets. [Code 1980 at § 11.20.010].

13.28.030 Continued use deemed acceptance of pay system.

Continued use by a railroad company of the public streets in the conduct of business shall be deemed an acceptance of the alternative to pay the fee specified in BMC 13.28.020. [Code 1980 at § 11.20.020].

13.28.040 Railroad crossing improvements.

All railroad companies operating within the city limits are required to provide for railroad crossings, changes to conform to street grades, installation of warning signals and traffic lights, changes to provide for drainage, changes in design of and replacement of culverts, as directed by the board of public works. [Code 1980 at § 11.20.040].

13.28.050 Safety improvements.

The board of public works is also given the authority to require any railroad company operating within the city to add, change, or alter the type of construction of culverts, fills, bridges and other structures, in order to provide for the safety, health, welfare of the citizens of the city and for the public convenience of adjacent property owners after reasonable notice and hearing given any railroad company affected by such order. [Code 1980 at § 11.20.050].

13.28.060 Payment of fees.

The annual fees shall be payable by any railroad company for each calendar year on or before the first of January of said year. Fees payable shall be subject to the same penalties for delayed payment as other fees and charges due the city. [Code 1980 at § 11.20.060].

13.28.070 Adjustment of fees for interstate commerce.

None of the fees or regulations provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a fee, order, or requirement is believed by a railroad company to place an undue burden upon such commerce, the company may apply to the mayor for an adjustment of the fee, or alteration of the order or requirement so as not to be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed fee, or within 90 days after any order or requirement made after hearing thereon. The applicant shall by affidavit and supporting testimony and evidence give and show such information relating to applicant’s business and such other information as the mayor may deem necessary in order to determine the extent, if any, of undue burden on such commerce. The mayor shall then conduct an investigation, considering all the information and evidence presented, and shall make findings of fact from which he shall determine whether the fees fixed by this chapter, and regulations of the board of public works as provided by this chapter, are unfair, unreasonable, or discriminatory as to applicant’s business and shall fix the fees for the applicant in an amount that is fair, reasonable, and nondiscriminatory; or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed, and order alterations of orders of the board of public works so that they are not unreasonable, discriminatory, or unfair as to interstate commerce. [Code 1980 at § 11.20.070].

13.28.080 Effect of chapter upon termination of franchise.

This chapter shall not apply to any trackage, installations, or facilities or to that part of the tracks, installations, or facilities of any railroad company on which there is a valid and subsisting franchise at the date of this chapter, but shall apply to such company, or trackage, installations, or facilities thereof, at any time a portion thereof is freed from such exception by virtue of the expiration of any franchise by and between the company and the city. [Code 1980 at § 11.20.080].

13.28.090 Payment responsibility.

All charges provided for in this chapter are to be paid by the railroad companies, and are charges for the use of the public streets and portions thereof by said companies to which this chapter relates. [Code 1980 at § 11.20.100].

13.28.100 Service of chapter upon affected companies.

The city comptroller and ex officio city clerk are authorized and directed to serve a certified copy of this chapter on all the railroad companies operating in or through the city in the manner provided by law for the service of legal process after its final passage and approval. [Code 1980 at § 11.20.110].

13.28.110 Enforcement.

The board of public works is authorized and directed to enforce the provisions of this chapter. [Code 1980 at § 11.20.120].