Section 27-221 Extension of service.

(a) Any potential customer desiring Columbia Terminal rail service to property abutting or with access to the Columbia Terminal right-of-way may make application to the director for such service.

(b) The Columbia Terminal shall construct, own and maintain any switch, turnout, track or facility located on Columbia Terminal right-of-way as is necessary to extend service to the applicant. The applicant shall advance the entire cost of the Columbia Terminal facility prior to construction. The applicant shall have the option of installing the facilities, provided they are built in accordance with plans and specifications furnished by the Columbia Terminal and the cost of such installation is approved in advance by the Columbia Terminal.

(c) The applicant shall own and maintain all facilities that are located off the Columbia Terminal right-of-way and shall:

(1) Construct any switch, turnout, track or facilities necessary for rail service to the property at its own cost, according to standards and specifications provided by the Columbia Terminal and along an alignment approved by the director.

(2) Maintain all switches, turnouts, track or facilities constructed by the applicant in a condition acceptable to the director.

(3) If any portion of the track must be located upon property not owned by the applicant, the applicant will obtain from the owners of such property a license, in a form acceptable to the director, for the Columbia Terminal to use such land for railway purposes at no cost to the Columbia Terminal.

(4) If the track must cross any public road or street, the applicant shall obtain such permits as are necessary and construct such crossing and comply with all the requirements of public authority relating to such crossing at its own expense.

(5) The applicant shall purchase such insurance as the director deems necessary to indemnity and hold harmless the Columbia Terminal for any loss, damage or injury as a result of Columbia Terminal operation on track constructed or maintained by the applicant.

(d) The director is authorized to require such other conditions as he deems necessary for the safe and economical provision of service.