§ 122-144. Relocation of tracks.

Permission to establish, construct, maintain or operate a switch track shall be granted under the express condition that such switch track, or any part thereof, shall be subject to prompt removal or relocation within 90 days at the pleasure of the city and at the expense of the grantee whenever the city or other governmental body therein shall find it necessary to request such removal or relocation for the purpose of the execution of public works or other franchises or permits of whatsoever nature or for any necessary public purpose on the site so occupied. The city shall not be liable for damages or reimbursements of any kind resulting from any such requested removal, adjustment or change or from any disturbance or obstacle of any nature, whether temporary or permanent, in the use or location of any such switch track or any part thereof from any cause whatsoever. The cost of all necessary changes of locations of such utilities, such as catchbasins, manholes, fire hydrants, water mains, sewer and drainage lines, gas mains, electric conduits, electric and telephone poles and similar installations or shifting thereof or relocation or removal of such utilities or any part thereof found to be necessary by the city shall be at the expense of the grantee. The grantee shall perform the entire work of relocation or removal of the switch track, or any part thereof, in connection therewith within a reasonable time not to exceed 90 days after notice thereof from the city or it shall be done at the grantee's expense. The determination of such necessity shall remain wholly discretionary with the council. Should a change of location or removal within a period of time shorter than 90 days be so deemed necessary by reason of public danger or peril then such switch track, or any part thereof, shall be removed or shifted at the grantee's expense in the earliest time possible or in default thereof the grantee shall suffer the removal or shifting at his expense or cost.

(Code 1956, § 53-23)