Ordinance 1221-86 - Laserfiche WebLink

1 crossing from grade or to close and discontinue the same, is required and praying that 2 the same be ordered by the City Council. Upon such petition being filed, the Council 3 shall fix a time and place for hearing the petition and shall give not less than ten (10) 4 days notice thereof to the railroad company and the City Administration to hear the 5 matter before the City Council or before a hearing examiner appointed by City Council 6 to make recommendations to the City Council. At the time and place fixed in the 7 notice all persons and parties interested shall be entitled to be heard and introduce 8 evidence, including evidence regarding costs apportionment as provided in Section 4D 9 herein. 10 B. At the conclusion of the hearing if it be before City Council, the City 11 Council shall enter an order, based upon findings of fact, determining whether the 12 crossing does or does not conform to the standards herein and, if not, what improve- 13 ments are ordered to accomplish conformance to said standards and any other matter 14 which the public safety may require with regard to said crossing which the City Council 15 may find advisable or necessary, including findings regarding costs apportionment, 16 payment terms, and time for completion of any improvements required. Said order of 17 City Council shall be enacted in ordinance form. 18 C. In the event that the City Council elects to appoint a hearing examiner to 19 hear the evidence and make findings and recommendations to the City Council, the 20 hearing examiner shall prepare findings of fact concerning the matters petitioned for 21 and shall submit a recommended decision to the City Council. The City Council shall 22 consider the recommended decision and may consider argument from the railroad, the 23 City Administration or other affected parties only with regard to conclusions and 24 recommendations of the hearing examiner, and the City Council shall: 1) adopt the 25 findings and recommendations of the hearing examiner and enact the hearing examiner's 26 recommendations by ordinance, or 2) send back to the hearing examiner the matter for 27 further evidentiary review and submission of further findings and recommendations, or 28 3) call for a hearing de novo to be held before the City Council. 29 D. The entire expense of any changes or improvements to an existing 30 crossing including the expense of constructing approaches to such crossing and expense 31 of securing rights-of-way for such approaches shall be apportioned between the railroad 32 and the City in such manner as justice may require regard being had for all facts