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Section 9-305 Consideration of Plans and Report of Damages.

Within three (3) months after the thirty (30) day period for filing objections, the Council shall consider the report, objections, plans, specifications and estimates filed, or may refer the matter to a commissioner or committee of commissioners for this purpose, in which event the City official designated by ordinance shall mail five (5) days notice in writing to any company interested when the commissioner or committee will consider the matter, and at the time specified any company may attend and be heard thereon. Upon filing of the commissioner's or committee's findings and recommendations, the Council may adopt a plan and method for eliminating the grade crossing and adopt specifications therefor, or it may dismiss the proceedings. If it appears that change of street grade will be required in eliminating the grade crossing, the Council shall determine whether such grade shall be changed, with or without considering damages to adjacent property. If the Council determines to consider damages to adjacent property, it shall require the City Engineer to report the estimated damages that property may sustain by reason of the change of street grade, based on the depreciation, if any, in market value on account of the change of street grade. In estimating the depreciation of market value, the City Engineer shall take into account the benefits, if any, the effect which the proposed improvement will have upon market value of the property, and the probable assessment against the property for the improvement. [June 2, 1913, subdn. e, new sec. 372 1/2; 1928 pub., sec. 269; 1942 recod., sec. 9-405; am. Nov. 8, 1966; am. Nov. 3, 1992.]

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