Chapter 20.06
USE BY RAILROADS

Sections:

20.06.010Permit--Required--Conditions.
20.06.020Permit--Duration.
20.06.030Permit--Nonassignable--Exception.
20.06.040Permit--Written acceptance of division.
20.06.050Permit--Bond required.
20.06.060Permit--Surrender.
20.06.070Permit--Signatures.
20.06.080Charges.
20.06.090Empty freight cars--Adjustments.
20.06.100Empty freight cars--Exemptions.
20.06.110Additions and improvements.
20.06.120Private railroad approaches.
20.06.130Connecting private rails with City rails.
20.06.140Accounts.
20.06.150Revocation or suspension of permit--Hearing--Notice.
20.06.160Revocation or suspension of permit--Effective date.
20.06.170Revocation or suspension of permit--For failure to pay bill.

20.06.010 Permit--Required--Conditions.

Any railroad may make use of all or part of the railroad deck of the Douglas MacArthur Bridge and of any of the approaches thereto, by operating locomotives, trains and cars over and upon the same; provided, that such railroad shall have first applied to, and obtained from the board of public service upon recommendation of the municipal bridge commission, pursuant to the provisions of this division, or of later ordinances, a permit for use. Each permit shall contain a provision that it is issued to the applicant railroad:

A. Upon the express agreement of the applicant that it consents and agrees to, and will, observe and faithfully obey the provisions of this part and all other, present or future, applicable ordinances of the city, and of all rules and regulations which may at any time be established by lawful authority, including the municipal bridge commission, for the use of the bridge; and

B. Upon condition subsequent that in case the railroad shall, as hereinafter provided, default in the payment of the compensation owed by it for its use of the railroad deck or approaches, or shall in any other respect fail or refuse to keep or perform its above "express agreement," then, at the option of the board of public service, upon recommendation of the municipal bridge commission, the permit may be canceled, in the manner hereinafter provided.

No railroad shall be allowed to use the railroad deck, or railroad approaches thereto, of the bridge, without having a permit, in effect at the time of the use. (1948 C. Ch. 19 § 17: 1960 C. § 593.010.)

20.06.020 Permit--Duration.

No permit to use the railroad deck or railroad approaches of the Douglas MacArthur Bridge shall be issued for any stated term or period, but each permit shall be and remain in force so long as the railroad to which the permit was issued, shall observe and continue to obey the provisions of this division and pertinent rules and regulations as may be prescribed by any lawful authority, including the municipal bridge commission. (1948 C. Ch. 19 § 18: 1960 C. § 593.020.)

20.06.030 Permit--Nonassignable--Exception.

No permit for the use of the railroad deck or railroad approaches of the Douglas MacArthur Bridge shall be assignable, either by voluntary or involuntary conveyance, nor made use of by any railroad other than the one to which it was originally issued. The duly appointed and acting receiver of any railroad that held and used a permit, in effect when the receiver took charge, may use the permit for a reasonable time in which to determine whether the receiver will adopt the obligations of the railroad under the permit, and will agree, as receiver, in operating over the bridge or its approaches, to observe and obey the provisions of this division and pertinent rules and regulations as may be prescribed by lawful authority, including the municipal bridge commission. (1948 C. Ch. 19 § 19: 1960 C. § 593.030.)

20.06.040 Permit--Written acceptance of division.

As a condition precedent to receiving a permit to use the Douglas MacArthur Bridge or any of its approaches, any railroad desiring a permit shall execute and file in the office of the city register, a written acceptance of the terms of this division, and an agreement to comply with the same and with all applicable future ordinances, rules and regulations which may be adopted by the city. (1948 C. Ch. 19 § 20 (part): 1960 C. § 593.040 (part).)

20.06.050 Permit--Bond required.

Any railroad desiring a permit shall also execute and file with the City Register a penal bond to the City, in the sum of not less than fifty thousand dollars nor more than two hundred fifty thousand dollars, as may be determined in each case by the Municipal Bridge Commission, with sufficient surety, the bond to be approved, as to the form thereof, by the City Counselor, and as to the sufficiency of the sureties by the Comptroller of the City, conditioned for the faithful performance by the railroad of each and all of the provisions of this division, and of all other applicable laws, ordinances, rules and regulations now in force, or which may hereafter be adopted or made, and to hold the city harmless from any and all claims for loss or damage to property or persons, and from all costs and expenses incident thereto, occasioned directly or indirectly by the railroad, through any fault, default, negligence or wilful act on its part, or in any other manner, in its use of the bridge or approaches, conditioned also to hold the City harmless from all damage or injury caused by the bridge, including the approaches thereto and equipment thereof, by the negligent or wilful act of the railroad, or by its failure or refusal to comply with any of the requirements of this part or of any other applicable law, ordinance, rule or regulation, or in any other manner, while using the bridge. (1948 C. Ch. 19 § 20 (part): 1960 C. § 593.040 (part).)

20.06.060 Permit--Surrender.

If any railroad shall deem unsatisfactory, and shall desire not to accept or comply with, any additional conditions that may be imposed by law, ordinance or otherwise, after its original acceptance of the permit or shall at any time for any other reason, wish to surrender the permit, then, and in either case, the railroad shall be at liberty to surrender its permit by giving thirty days written notice to the Commission of the desire and intent of the railroad and of the date upon which it intends to discontinue the use of the bridge. Upon the giving of notice, the railroad shall be at liberty to discontinue using the bridge, and shall not later than the day fixed by its notice, surrender and deliver its permit to the Board of Public Service, and thereupon its bond shall be cancelled, as soon as all obligations thereunder to the City shall have been discharged. (1948 C. Ch. 19 § 20 (part): 1960 C. § 593.040 (part).)

20.06.070 Permit--Signatures.

Every permit hereunder shall be in accordance with the provisions of this division, and shall bear the signature of at least a majority of the members of the Municipal Bridge Commission. The form of the permit and of the acceptance thereof, shall be prepared and submitted to the Board of Public Service by the Municipal Bridge Commission. (1948 C. Ch. 19 § 21: 1960 C. § 593.050.)

20.06.080 Charges.

Subject in all respects to such orders, rules and regulations as may at any time be made by any superior lawful authority, each railroad using all or any part of the railroad deck of Douglas MacArthur Bridge or its railroad approaches shall pay to the City as compensation for such use the following charges:

A. Each loaded freight car, $6.72;

B. Each empty freight car, $3.36;

C. Each passenger train car, $10.08;

D. Each locomotive with or without tender, $13.44.

(Ord. 59151 § 2 (part), 1984: Ord. 58637 § 1 (part), 1982: Ord. 56945 § 1 (part), 1975: prior Ord. 55944 § 1 (part), 1971: Ord. 55658 § 1 (part), 1970: Ord. 55331 § 1 (part), 1969: Ord. 55191 § 1 (part), 1968: Ord. 48494 § 1 (part), 1957: Ord. 44922, § 1 (part), 1949: 1948 C. Ch. 19 § 22 (part): 1960 C. § 593.060.)

Editor’s Note:

Funds are to be used for maintenance, operation, repairs and replacements for Douglas MacArthur Bridge

20.06.090 Empty freight cars--Adjustments.

The charge of $3.36 for each empty freight train car shall be assessed against any railroad user of the bridge only to the extent that the number of such empty cars exceeds the number of loaded cars of the same railroad user moving in the opposite direction, during any six months’ period and adjustments to determine the relative number of loaded and empty cars moving in each direction during each preceding six months’ period shall be made between the City and each such railroad user on April 1 and October 1 of each year. (Ord. 59151 § 2 (part), 1984: Ord. 58637 § 1 (part), 1982: Ord. 56945 § 1 (part), 1975: prior Ord. 55944 § 1 (part), 1971: Ord. 55658 § 1 (part), 1970: Ord. 55331 § 1 (part), 1969: Ord. 55191 § 1 (part), 1968: Ord. 48494 § 1 (part), 1957: Ord. 44922 § 1 (part), 1949: 1948 C. Ch. 19 § 22 (Note I): 1960 C. § 593.070.)

20.06.100 Empty freight cars--Exemptions.

Empty freight equipment, regardless of class, moving through the St. Louis gateway, under orders of the American Railway Association, Car Service Division, or any subdivision thereof, for the purpose of concentration of equipment for grain, fruit or other seasonal commodity loading, or for any other emergency where, under the terms of such orders, the equipment is required to be handled free of charge by the carriers, shall be exempt from the payment of the charge herein specified for empty freight train cars. (Ord. 48494 § 1 (part), 1957: 1948 C. Ch. 19 § 22 (Note 2): 1960 C. § 593.080.)

20.06.110 Additions and improvements.

The Municipal Bridge Commission shall, subject to further ordinances, recommend what, if any, additions and improvements shall be made to the Douglas MacArthur Bridge. (1948 C. Ch. 19 § 25 (part): 1960 C. § 593.090.)

20.06.120 Private railroad approaches.

The Board of Public Service, upon recommendation of the Municipal Bridge Commission, shall have the power to permit any railroad, or any public or private corporation, to build a railroad approach to the railroad deck of the bridge or connecting with another approach, which, in the opinion of the Commission, will not unreasonably interfere with the uses of any part of the bridge or its approaches owned by the City; provided, however, that before beginning the work of constructing any such approach, the railroad shall first have submitted to the Board the title papers evidencing an adequate title to the necessary right of way for the approach, and a full set of the plans and specifications, all of which shall have been approved by the board; and provided further, that before beginning the work, the railroads shall submit to the Board for its approval the bids for the construction of any such approach, and shall also execute and deliver to the Board a written instrument, satisfactory in form to the board, by which there shall be granted to the City an exclusive option or first right, exercisable at any time upon six months’ notice to the owner thereof, after the date when the new approach shall have been completed and connected up ready for use, to purchase the approach and right-of-way, by reimbursing to the owner the actual cost of the approach, plus all carrying charges proper under good accounting practice,, which shall be treated as a part of the cost; and provided further, that movements over the privately owned approaches shall be subject to the control of the Municipal Bridge Commission and the directions of the City’s Superintendent in charge of operations over the railroad deck and the approaches.

All privately constructed approaches shall be open to the use of any or all railroads using the bridge, upon the payment to the owner of a proportionate share of the carrying costs of the approaches, determined in the manner defined in Sections 20.06.130 and 20.08.010. (1948 C. Ch. 19 § 25 (part): 1960 C. § 593.100.)

20.06.130 Connecting private rails with City rails.

Any and all railroads having a permit to use the railroad deck and any of its approaches in making cross-river movements, shall be granted by the Board of Public Service upon the recommendation of the Commission equal opportunities to connect their own rails with the City’s tracks upon the approaches, provided the rails of the railroads shall be so located in relation to the City’s rails, as to render the connection practicable and usable in good railroad practice, of which the Commission shall be the sole judge, subject, however, to any lawful authority having superior jurisdiction over that of the Commission. (1948 C. Ch. 19 § 25 (part): 1960 C. § 593.110.)

20.06.140 Accounts.

The Comptroller of the City shall have charge of the keeping of accounts between the City and the railroads using the Douglas MacArthur Bridge, and shall prepare and render to the railroads monthly statements or bill of the accounts. Each statement shall be based upon a sworn report to be submitted to the Comptroller by each railroad at the end of each month, showing the extent of its use of the bridge and approaches, and shall cover all the charges accrued against the particular railroad during the next preceding calendar month, and shall show the nature of the items included therein and the rate of charge pursuant to this division, for each item. All statements shall be payable on or before thirty days after the same shall have been mailed to the railroad. It shall also be the duty of the Comptroller to see that all statements or bills are properly paid to the City. For the purpose of the keeping of proper accounts and the making of proper charges, the Comptroller and his duly authorized representatives shall, at all reasonable times, have access to the books and records of railroads that use the bridge or any of its approaches, and may check and audit the books and records. (1948 C. Ch. 19 § 26: 1960 C. § 593.120.)

20.06.150 Revocation or suspension of permit--Hearing--Notice.

If, after a hearing or investigation, the Municipal Bridge Commission, or a majority thereof, shall conclude that any railroad having a permit to use the Douglas MacArthur Bridge, shall have been guilty of any violation of the provisions of this division, or of the rules and regulations announced hereunder for the use of the bridge, the Commission shall forthwith report its conclusions to the Board of Public Service, which Board may thereupon suspend or revoke the permit of the railroad; but no permit shall be revoked unless the railroads shall first have been given by the Commission at least twenty (20) days’ notice in writing of the alleged ground of violation, prior to the hearing or investigation, by delivery of the notice at any office of the railroad in the City to any officer of the railroad, or to any person in charge of the office, or if no office or agent is found, then by the posting of the notice on some conspicuous part of the bridge, or in any other manner which may hereafter be prescribed by ordinance. (1948 C. Ch. 19 § 28 (part): 1960 C. § 593.140.)

20.06.160 Revocation or suspension of permit--Effective date.

Notice of the suspension or revocation of the permit shall be given to the offending railroad by the Board of Public Service in the manner provided and the suspension or revocation shall take effect ninety (90) days after the date when the notice shall have been given, unless during the ninety (90) day period, the railroad shall have abated the ground of revocation, or shall have compensated the City therefor, in either case to the satisfaction of the Board of Public Service. (1948 C. Ch. 19 § 28 (part): 1960 C. § 593.150.)

20.06.170 Revocation or suspension of permit--For failure to pay bill.

Any refusal or neglect of any railroad to pay to the City any monthly bill or statement rendered, shall be cause for revocation or suspension by the Board of Public Service of the permit of the railroad to use the railroad deck or approaches. (1948 C. Ch. 19 § 29: 1960 C. § 593.160.)

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