Legislation
SECTION 224
Adoption of plans, and terms upon which road shall be built
Railroad (RRD) CHAPTER 49, ARTICLE 6
§ 224. Adoption of plans, and terms upon which road shall be built.
The commissioners by such public notice, and under such conditions, and
with such inducements as they may prescribe, shall invite a submission
of plans for the construction and operation of such railroad, and shall
meet at a time and place in such notice named, not more than ninety days
after their organization, and decide upon the plans for the construction
thereof, with the necessary supports, turnouts, switches, sidings,
connections, landing-places, stations, buildings, platforms, stairways,
elevators, telegraph and signal devices, or other requisite appliances,
upon the route or location determined upon by them. They shall, upon
notice to the local authorities, and after hearing all parties
interested, fix and determine what compensation, if any, in a gross sum,
or in a certain percentage of receipts, shall annually be paid to the
local authorities by the corporation formed for the purpose of
constructing, maintaining and operating such railroad for public use in
the conveyance of persons and property, for the use and occupation by
the corporation of the streets, avenues and highways in and upon which
its railroad is to be constructed, and the time when such railroad, or a
portion thereof, shall be constructed and ready for operation, and the
maximum rates to be paid for transportation and conveyance thereon, and
the hours during which special cars or trains shall be run at reduced
rates of fare; and the amount of the capital stock of such corporation,
and the number of shares into which it shall be divided, and the
percentage thereof to be paid in cash on subscribing for such shares.
The commissioners may select two or more routes, upon one of which
such railroad may be constructed and operated; and the local authorities
may consent to the construction and operation of such railroad upon one
or more of such routes, or parts thereof; and the commissioners shall
have power to change and re-adopt routes and plans for the construction
and operation of such railroad after they have been submitted to the
local authorities, in cases where such authorities may recommend such
changes, or may not be willing to consent to the construction or
operation of the railroad upon the routes and plans adopted, unless such
changes are made therein.
The commissioners by such public notice, and under such conditions, and
with such inducements as they may prescribe, shall invite a submission
of plans for the construction and operation of such railroad, and shall
meet at a time and place in such notice named, not more than ninety days
after their organization, and decide upon the plans for the construction
thereof, with the necessary supports, turnouts, switches, sidings,
connections, landing-places, stations, buildings, platforms, stairways,
elevators, telegraph and signal devices, or other requisite appliances,
upon the route or location determined upon by them. They shall, upon
notice to the local authorities, and after hearing all parties
interested, fix and determine what compensation, if any, in a gross sum,
or in a certain percentage of receipts, shall annually be paid to the
local authorities by the corporation formed for the purpose of
constructing, maintaining and operating such railroad for public use in
the conveyance of persons and property, for the use and occupation by
the corporation of the streets, avenues and highways in and upon which
its railroad is to be constructed, and the time when such railroad, or a
portion thereof, shall be constructed and ready for operation, and the
maximum rates to be paid for transportation and conveyance thereon, and
the hours during which special cars or trains shall be run at reduced
rates of fare; and the amount of the capital stock of such corporation,
and the number of shares into which it shall be divided, and the
percentage thereof to be paid in cash on subscribing for such shares.
The commissioners may select two or more routes, upon one of which
such railroad may be constructed and operated; and the local authorities
may consent to the construction and operation of such railroad upon one
or more of such routes, or parts thereof; and the commissioners shall
have power to change and re-adopt routes and plans for the construction
and operation of such railroad after they have been submitted to the
local authorities, in cases where such authorities may recommend such
changes, or may not be willing to consent to the construction or
operation of the railroad upon the routes and plans adopted, unless such
changes are made therein.