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HomeMy WebLinkAbout040 - 07/23/1970 - RELATING TO THE IMPROVEMENT AND MAINTENANCE OF PUBLIC STREETS OCCUPIED OR CROSSED BY THE RAILS OF AN a. ORDINANCE NO. � 1970, BEING AN ORDINANCE RELATING TO. THE IMPROVEMENT AND MAINTENANCE OF PUBLIC STREETS OCCUPIED OR CROSSED BY THE RAILS OF ANY RAILROAD BE IT ORDAINED BY THE COUNCIL OF THE CITY. OF FORT 'COLLINS: Section 1. That Section 24-7 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, be and the same hereby is amended to- read as follows: "Section 24-7. Railroads to pave and maintain streets occupied or crossed by tracks. a. All railway companies or other corporations now or hereafter operating their railways on any street within the limits of the City of Fort Collins shall be required to pave and maintain that portion of any street between the rails of such railroad and for a distance of two feet (21) outside such rails in accordance with the requirements of this section. b. The City Council shall, upon determining that it is necessary or desirable that any street occupied by a railroad be paved, shall cause notice to be given to such railroad company requiring it to pave the portion of the street for which such railroad is responsible under the terms of this section. Such notice shall specify the following: (1) The type of pavement to be installed by such railroad. (2) The time (not less than 30 days) after service of such notice within which such pavement shall be installed. (3) The portions of the street or streets. to be so improved. Service of such notice upon any officer or agent of the railroad company within the City shall be deemed adequate notice. After such service of the notice, the railroad company shall install the required improvements within the time so specified. All such improve- ments shall be installed in accordance with plansand specifications prepared by the City Engineer and approved by the City Councilby resolution. c. After the installation of pavement between the rails of any railroad and for a distance of two feet outside such rails, it shall be the duty of the railroad company to maintain such pavement in a condition of good repair. The City Engineer shall advise the Council if any such portion of any street is in need of repair or replacement. If the City Council determines that any such portion of any street is in need of such repair or replacement, it shall cause notice to be given to the railroad company, which notice shall specify the repairs or replacements required and the time (not less than 15 days after service of such notice) within which such repair or replacement shall be accomplished. Service of such notice shall be in the manner specified in subsection b above. d. The owner of the same shall at all times keep,the rails of any railroad crossing or extending along any street or alley within the City on a level with. the surface of such street or alley and shall raise or lower such rails as required to con- form to any grade of such street or alley as the same may be established or changed from time to time by the City Council. Any alteration in the level of any rails required by the provisions of this ordinance shall be accomplished within 15 days after notice of such requirement is given to the railroad company in the manner set forth in subsection b hereof. e. Failure to. comply with. the requirement of any notice given pursuant to this section shall be a violation of the ordinances of the City of Fort Collins and shall be punishable as provided in Section 12-6 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended. Each and every day that such violation continues shall be a separate offense and punishable as such. In addition, if any improvements required pursuant to this section are not installed as required by any notice given hereunder, the City Council may order such work done and assess the cost thereof against any property of such railroad company within the City in accordance with the provisions of Chapter 15 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, or the City Council may prohibit the operation of any trains over the streets ordered repaired until such improvements- are installed and completed. f. If for any reason any portion of this section is held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent and such holding shall not affect the validity of the remaining portions hereof." Introduced, considered favorably on first reading, and ordered published this 2nd . day of July, A. D. 1970, and to.be presented for final passage on the 23rd day of July A. D. 1970. ATTEST: Mayor City Clerk Passed and adopted on final .reading this day of A. D. 1970. Mayor ATTEST: City Clerk -2-