Commerce Municipal Code Art. II Spur Tracks

Every franchise hereafter granted by the city to lay, construct, operate, maintain, replace, repair and move spur tracks and their appurtenances upon, on, along or across any city streets, except as otherwise provided in the ordinance granting the franchise, shall be granted subject to the following terms and conditions in addition to such of the general terms and conditions of Article I as are incorporated by reference in the ordinance granting the franchise except §§5.08.110, 5.08.160 and 5.08.400, and in addition to those terms and conditions set forth in the ordinance granting the franchise. As used in this article, the term "spur track" also includes drill or team track.

(Ord. 177 §1(part), 1972).

The spur track to be laid and constructed under the franchise shall be used exclusively for the purpose of connecting warehouses, factories, business, industries or enterprises with the railroad line operated by the grantee, or its successors or assigns, or as a "team track" for the general unloading; and the track of such spur track shall be used for the transportation of freight only and shall not be used as a main line or part thereof.

(Ord. 177 §1(part), 1972).

The grantee, at no cost to the city, shall pave, gravel or otherwise improve the city street between the rails, and for a distance of two feet on each side thereof, with the same type of material as used by the city, under the same specifications and in the same manner or in a similar manner as that upon the adjacent city street, or of a material under specifications approved by the director of public works. The grantee shall maintain the crossing flush with the top of the rails at all times so that vehicles and the traveling public may pass over it in a smooth and comfortable manner.

(Ord. 177 §1(part), 1972).

If pedestrian walks are in place, the grantee shall reconstruct such walks. If pedestrian walks are constructed after the spur track has been laid, the grantee shall construct that portion of the walk between the rails and two feet on each side thereof. In either case, the grantee shall maintain such portions of such pedestrian walks to standards of adjacent walks or to standards approved by the director of public works. The top of the rails shall be maintained at all times at the established grade of the city street at the crossing. All construction, repairs or any other changes of track shall be made under the inspection and to the satisfaction of the director of public works, in compliance with the provisions of the ordinances and regulations of the city, as now existing or hereafter amended.

(Ord. 177 §1(part), 1972).

If any city street is paved at the time the spur track is constructed, the grantee shall use girder rails, weighing approximately one hundred twenty-eight pounds per yard, or standard main-line rails of equal or greater weight, within the paved street so crossed. If girder rails are used, the pavement shall be reconstructed as set forth in General Order No. 72, Standard No. 4 of the Public Utilities Commission of the state, excepting only those modifications approved by the director of public works. If standard main-line rails are used, the method of providing flangeways and of reconstructing the pavement shall be subject to the approval of the director of public works. The rail joints within the crossing shall be welded, unless the director of public works approves another type of equally effective joint fastening.

(Ord. 177 §1(part), 1972).

A city street which is not paved at the time the spur track is constructed, or the portion of a paved city street which is not paved at the time the spur track is constructed, shall be constructed in accordance with General Order No. 72, Standard No. 1, of the Public Utilities Commission of the state. If the city street thereafter is paved or if the pavement thereafter is widened, the grantee, within ninety days after being notified by the director of public works, shall reconstruct that portion of the street crossing within the newly paved portion to conform to that specified for paved portion of streets.

(Ord. 177 §1(part), 1972).

Where the proposed spur track crossing requires a revision of the city street grades to fit the proposed spur track, the engineering work required for the necessary profile readjustment and the grading and repaving, if such is required, shall be done at no cost to the city, and shall be done in a manner approved by the director of public works. In the event the grantee fails to comply with the instruction given by the director of public works within ten days after service thereof upon the grantee or its manager or agent in the city, the director of public works shall have the right to have the work done by the public works department, or otherwise, and shall keep an itemized account of the cost of the work, which the grantee, by the acceptance of the franchise, agrees to pay within thirty days after it is presented to the grantee, its manager or agent stationed in the city.

(Ord. 177 §1(part), 1972).

In unpaved city streets, the grantee shall use, in construction other than rails, such materials as are approved by the director of public works. In paved city streets, the grantee shall use ballast, creosoted ties, tie plates and other appurtenances below the rails, such as are used in main-line construction of first-class railroads, except where a different depth of ballast is required by soil conditions in which case such depth shall be specified by the director of public works.

(Ord. 177 §1(part), 1972).

The grantee shall, at no expense or cost to the city, county or public entity, construct all necessary flumes, aqueducts and culverts for the free passage of water under the tracks of the roadbed and make all drainage surveys wherever and whenever necessary; and all such flumes, aqueducts and culverts and all curves, turnouts and switches shall be constructed in accordance with plans and specifications approved by the director public works.

(Ord. 177 §1(part), 1972).

The city council, in granting the franchise, expressly reserves the right to pave, macadamize, oil, gravel or otherwise improve or renew any of the city streets crossed by the spur track or to lay gas or water lines, sewers, storm drains or other structures therein, such work to be done so as to affect the spur or team track as little as practicable. This section does not supersede, modify or limit in any way any provision of Article I of this chapter or the application of any such provision to this article.

(Ord. 177 §1(part), 1972).

In the event it is necessary to construct or maintain any storm drain, sewer or other structure under or along the spur track for which the franchise is granted, the grantee shall support and maintain its structures at its own expense during the period of construction or maintenance.

(Ord. 177 §1(part), 1972).

The franchise gives the grantee the legal right to obtain a permit to do the work, covered by the franchise under the provisions of the ordinances and regulations of the city as now existing or hereafter amended, if the grantee complies with all the provisions of such ordinance.

(Ord. 177 §1(part), 1972).

The grantee shall further agree, as a condition of the franchise, throughout the incorporated territory of the city to comply at all times with the provisions of all ordinances and regulations of the city regulating traffic within the city.

(Ord. 177 §1(part), 1972).

In the event it becomes necessary for trains to stand on that portion of a track in a city street crossing for longer than ten consecutive minutes, the trains shall be broken and the cars separated at such city streets to permit the full use of such streets by vehicles and pedestrians.

(Ord. 177 §1(part), 1972).

The franchise is granted upon the express agreement, understanding and condition that the grantee shall and will permit any person owning any warehouse, factory, business, industry or enterprise to connect with the private track, tracks or railroad connected with the railroad of the grantee, and to use the same for the transportation and delivery of any and all cars upon payment to the party or parties incurring the primary expense of such private track, tracks or railroad, of a reasonable proportion of the cost thereof, to be determined by mutual agreement by and between the interested parties. If such interested parties are unable to agree, the cost shall be determined by the Public Utilities Commission of the state after notice to the interested parties and a hearing thereof; provided, that such connection and use can be made without unreasonable interference with the rights of the party or parties incurring such primary expense.

(Ord. 177 §1(part), 1972).

Except as otherwise provided in §5.08.630, the grantee shall erect or construct and maintain without cost to the city or public entity, all warning and protective devices authorized or ordered by the Public Utilities Commission of the state, for the protection of traffic in connection with the spur track authorized by the ordinance granting the franchise.

(Ord. 177 §1(part), 1972).

The grantee shall pay to the city within thirty days after the passage of the ordinance granting the franchise, as compensation for the franchise granted, the sum of one hundred dollars.

(Ord. 177 §1(part), 1972).

Failure to use the spur track for a continuous period of six months shall constitute an abandonment, the franchise and all rights and privileges granted thereunder shall be deemed to be null and void, unless:

(a) The city council by order or resolution entered in its minutes or by ordinance, consents to such nonuse;

(b) Such failure is caused by strikes, acts of God or other causes beyond reasonable control of the grantee.

In the event of abandonment, lapse or expiration of the franchise or termination of the franchise by the city council for noncompliance, the grantee shall remove all rails, ties, poles and appurtenances from the street, and shall reconstruct the pavement and other street improvements adjacent to the tracks so that the work shall join and be continuous with the work done in adjoining portions of the street. The grantee shall perform all of the work within six months from the termination of the franchise. Such work shall be done at no cost to the city and shall be done to the satisfaction of the director of public works.

(Ord. 177 §1(part), 1972).

The work of constructing the spur track shall be commenced in good faith within not more than four months from the date of the granting of the franchise and shall be continuously prosecuted thereafter in good faith and without unnecessary or avoidable intermission or delay. The work of construction shall be completed within not more than one year thereafter. If the work is not so commenced, prosecuted or completed within the time or in the manner specified, the franchise shall be forfeited; provided, that for good cause shown, the city council, by order or resolution entered into its minutes or by ordinance, may consent to a modification of this provision.

(Ord. 177 §1(part), 1972).

If, either before or after the granting of a franchise for a spur track, the grantee of such franchise and the city or a public entity enter into a contract as to how the costs or expenses, or both, arising from the erection or maintenance, or both, of warning or protective devices authorized or ordered by the Public Utilities Commission of the state, or the permanent or temporary relocation of any facilities, shall be apportioned to or between the parties while such contract is in effect, the terms thereof shall control, insofar as they may be inconsistent with §§5.08.300, 5.08.330, 5.08.340 or 5.08.590. The acceptance of such a franchise, incorporating one or more of such sections by reference, shall not be deemed to modify or supersede any provision of such a contract.

(Ord. 177 §1(part), 1972).