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detailed, the city will probably wish to retain this ordinance. <br />Do so? <br />13 -80 (Territory subject to nudity ordinance): Is this necessary? <br />It states what is the normal rule of construction, i.e. that an <br />ordinance is applicable throughout the jurisdiction that adopts <br />it, unless otherwise provided. <br />14- 53(f)(3) (Powers and responsibilities of historic preservation <br />board): From the context, it appears that the word <br />"adaption," beginning at the end of the second line, was <br />actually intended to read "adaptation." Is this correct? <br />14 -55(c) (Procedure for obtaining a certificate of appropriateness; <br />notification and building permit): Is there language <br />missing between the first and second lines? Was it, <br />perhaps intended to read "Upon receiving the order of the <br />board, the secretary...." ? (As opposed to "Upon <br />receiving the order to the board, the secretary.... " ?) <br />14- 84(Table 1) (Impact fees for police protection): Are the fees shown <br />intended be per unit of measurement? For example, is a <br />5,000 square foot eating /drinking establishment to pay <br />$1595.00? (i.e., $319 x 5) If so, alter the title <br />of the column representing "Impact Fees" to read "Impact <br />Fees /Per Unit of Measurement ") Or, alternatively, add <br />language immediate following the first sentence of subsection <br />(a) reading as follows: "The fees shown are to be per each <br />unit of measurement or fraction thereof." ? <br />14- 84(Table 2) (Impact fees for fire protection): Same questions as to Table <br />1. <br />15 -3, 15 -5, 15 -6, 15 -7 (Captains, lieutenants and sergeants; appointment, etc): <br />See the note above as to section 9 -17. <br />16-1,16-2 (Madison Street railroad crossing; blocking crossings by <br />railroad trains): Delete these sections? Train speed, and <br />other track safety regulations, have been preempted by the <br />Federal Railroad Safety Act of 1970 (codified at 45 U.S.C. <br />§421 et seq.) See such cases as Johnson v. Southern Ry. Co <br />654 F.Supp. 121 (W.D.N.C. 1987), CSX Transp., Inc. v. City <br />of Tullahoma, Tenn. 705 F.Supp. 385 (E.D.Tenn 1988), City <br />22 <br />