County Commissioner Ordinance - June 1997�-�_ ' � �a
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NO. 1997 - �
AN ORDINANCE REQUIRING THE DISMANTLING AND
REMOVAL OF ABANDONED RAILROAD STRUCTURES
WHEREAS, Indiana Code 36-1-3-6 provides that a county may
adopt an ordinance requiring a specific manner for exercising a
power; and
WHEREAS, the Board of County Commissioners of Gibson County,
Indiana have determined that abandoned railroad bridges,
overpasses, trestles or culverts can interfere with the movement
of traffic on roadways and with the flow of water in streams and
drains, and
WHEREAS, such structures can serve as an invitation to
trespassers and could lead to injury to persons or property;
NOW THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Gibson County; Indiana as follows:
1.ScoPe: This ordinance shall apply to any railroad bridge,
overass, trestle or culvert which has carried a line of railroad
over any roadway, stream or drain in this county an which
railroad, roadway, stream or drain is not subject to the
conflicting jurisdiction of the Federal Government.
2.Removal of Structure
A. Upon discontinuance of rail service over and abandonment
for railroad purposes of any segment of a line of railroad
in this county, the owner of such segment shall remove each
bridge, overpass, trestle or culvert, and all embankments,
piers, bents and walls, on which such segment has been
situated.
B. The removal shall be accomplished in such a manner as
will eliminate all vertical and horizontal clearance
restrictions caused by the line of railroad at each roadway,
stream or drain crossing.
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3. Performance Bond:
A. Upon abandonment of any segment of a line of railroad
in this court, the owner of such segment shall post a
performance bond in such form and amount as the Gibson
County Surveyor shall deem necessary to insure removal of
the abandoned structures pursuant to the requirements of
this ordinance.
B. Zn the event the owner disagrees with the form or
amount of the performance bond as required by the County
Surveyor, the owner may file a petition with the
Commissioners' Office stating the particulars of the bond
with which the owner disagrees and proposing new terms.
4. Definitions:
A. "Abandonment" shall be presumed to occur when a segment
has been abandoned pursuant to the Interstate Commerce
Commission Termination Act or successor statutes and at
least one hundred (100) continuous feet of rail has been
removed without immediate replacement.
B. "Owner" shall not include the holder of any
reversionary interest in the railroad right-of-way.
5. Effective Date: This Ordinance shall be in full force
and effect rom an a ter its passage and legal publication.
ADOPTED, this � day o June, 1997.
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AL�EN C. PERKINS, Presi ent
ATTEST:
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KEN GREUBEL, Gi son County
Auditor