Los Angeles Municipal Code Art. 3 Conditions Under Which Privileges Granted Shall Be Exercised

Section 13.77 In General. 13.78 Obstruction of Public Streets. 13.80 Manner of Construction. 13.82 Right Reserved by City. 13.85 Construction Permits, Plans and Standards. 13.86 Public Improvements. 13.87 Grade Changes. 13.88 Abandonment. 13.89 Transfer of Permit. 13.92 Revocation of Permit. 13.93 Term of Permit. 13.95 Renewals of Existing Spur Track Permits. 13.96 Indemnification to City.

Every permit granted for the construction, operation, and maintenance of spur tracks shall be exercised and enjoyed at all times subject to the conditions contained in this article and any other reasonable condition or conditions, provided that such conditions do not conflict with Federal and State laws and standards.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

No railroad train, car or locomotive shall be permitted to remain continuously upon the portion of a spur track in any public street, except during the time reasonably required for switching, loading or unloading provided that the railroad shall remove such train or portion thereof within forty-eight (48) hours of receiving an order for such removal from the franchise division of the Department of Transportation.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 86,214; Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

Surface filling materials placed within two feet of and between the rails of a spur track shall be installed and maintained to the satisfaction of the Board of Public Works. The Board reserves the right to prescribe the use of wood, asphalt or concrete as a filling material. Other filling materials may be substituted provided such are acceptable to both the railroad and Board. All work and materials shall be in accordance with Federal and State laws and standards.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

The privilege granted by this permit does not limit or affect the right and power of the City or its permittees or franchisees to construct, install, maintain, repair, renew, operate, use or remove proprietary properties in any public street, provided that any such work shall not unreasonably interfere with the use of any existing spur tracks in such public street. Spur track permittees shall be notified of any such proposed construction and afforded an opportunity to be heard thereon.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 156,921, Eff. 10-15-82.

Permittee shall obtain all necessary construction permits for the repair or installation of spur tracks in public streets. All plans related to such construction shall be filed with the City Engineer at least ten (10) days prior to commencement of construction. Where the installation, repair or operation of a spur track necessitates the installation, repair, modification or relocation of any drainage facility, street improvement or public property of a governmental entity, permittee shall submit all necessary plans to the City Engineer, pay the expense of all such work and restore the street or public property in accordance with the current City adopted “Standards Specification for Public Works Construction” as administered by the City Engineer.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Title and Section, Ord. No. 156,921, Eff. 10-15-82.

The permittee shall protect, support or relocate in the same street, any permitted property when reasonably required by the City because of traffic conditions, public safety or change or establishment of street grade, provided that all such work required by this section shall be subject to Federal and State laws and standards when and as applicable. With respect to permitted property within a State freeway which was not a State highway at the time such permitted property was originally installed therein, the obligations of the Grantee shall be provided by applicable law and by such agreements between the Grantee and the State as may be applicable thereto. The cost of any work required of the permittee by this section may be subject to apportionment by the State Public Utilities Commission.

This condition shall have no application to any grade separation project as to which cost allocation provisions of any statute of the State of California might be applicable.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Title and Section, Ord. No. 156,921, Eff. 10-15-82.

The City reserves the right to establish or change for any reasonable public purpose the grade of any street in or along which spur tracks are constructed under this permit, and in the event the establishment or change of any such grade shall, in the opinion of the City Engineer, render necessary any change in the position of said tracks, the permittee shall relocate same in compliance with City standards and to the satisfaction of the City Engineer, provided that said work shall be in accordance with Federal and State laws and standards. The cost of any such relocation of tracks may be subject to apportionment by the State Public Utilities Commission.

Nothing herein shall be applicable to the construction of railroad-highway grade separations.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 156,921, Eff. 10-15-82.

A spur track shall be considered abandoned upon permittee’s formal notification of said change of status to the State Public Utilities Commission. Permittee shall, in the event of such abandonment, either:

(1) Commence within ninety (90) days thereof and promptly pursue to completion the removal from the street of all abandoned

property and the reconstruction and restoration of the street and other street improvements affected by such removal, provided that all of said work shall be performed in accordance with City standards for street construction and under the supervision of the City Engineer: or

(2) Authorize the City to remove all abandoned property located within a City street or other public place, provided that such

removal and the restoration of the street and any other affected property shall be completed at permittee’s expense.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 156,921, Eff. 10-15-82.

The terms and conditions enumerated in this chapter shall be binding on all transferees including agents, lessees, sub-lessees, and assigns. Upon transfer of any permit granted hereunder, the new transferee shall, within 90 days, file with the City Clerk, a written instrument evidencing the transfer and a notarized statement agreeing to the terms and conditions of the permit.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Title and Section, Ord. No. 156,921, Eff. 10-15-82.

The Board of Transportation Commissioners, upon any neglect, failure or refusal on the part of the permittee or its assigns to observe or comply with any of the terms or conditions of a spur track permit, may conduct a hearing to investigate the alleged breach. The permittee shall be afforded the opportunity to appear before the Board at such hearing. If the Board should find that a breach has occurred it shall report its recommendation to the City Council. The City Council may then, upon a two-thirds (2/3) vote, seek any remedy legally available.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Title and Section, Ord. No. 156,921, Eff. 10-15-82.

The term of a spur track permit granted under the provisions of this chapter shall be for a period of twenty-one (21) years from and after the date of the passage of the ordinance granting said permit, unless revoked prior thereto pursuant to the provisions of Section 13.92 of this chapter.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82.

The provisions of this chapter apply to renewals of existing spur track permits, except for permit modification applications that are subject to the provisions of this section. To process an application to renew a spur track permit issued pursuant to the provisions of this chapter where the permitted tracks are constructed and in use at the time of the renewal application, the Bureau of Engineering shall charge and collect a fee as set forth in Section 19.155 of this Code for the first track subject to the permit, and a fee as set forth in Section 19.155 of this Code for each additional track. A permit issued pursuant to the provisions of this section may apply to the number of tracks with permits that would otherwise expire within the calendar year.

The provisions of Section 13.72 of this Code do not apply to permit renewal applications that are subject to the provisions of this section, although the Board of Transportation has the authority to require compliance with the provisions of Section 13.74 of this Code.

SECTION HISTORY

Based on Ord. No. 61,206. Amended by: Ord. No. 73,447; Ord. No. 142,589, Eff. 12-3-71; Ord. No. 151,832, Eff. 2-10-79, Oper. 2-25-79; Ord. No. 156,921, Eff. 10-15-82; In Entirety, Ord. No. 163,802, Eff. 8-15-88; Title and Section, Ord. No. 182,237, Eff. 9-28-12; Ord. No. 184,054, Eff. 3-6-16; In Entirety, Ord. No. 188,752, Eff. 12-7-25.

The permittee of any spur track permit issued under the provisions of this chapter shall release, hold harmless and indemnify the City, its officers, agents and employees against all liability, damages, costs, losses, claims, demands, actions, suits, causes of action and expenses (including attorney’s fees and expenses) of any nature whatever for death or injury to any persons or damage to property resulting from the grant, exercise or enjoyment of the permit, except where such injury or damage is caused by the negligence or intentional wrong doing of the City and the City’s performance or non-performance was not on behalf of the permittee.

SECTION HISTORY

Added by Ord. No. 156,921, Eff. 10-15-82.

DIVISION 14

GRANTS PROGRAM

Chapter

1 Control 2 Grant Anticipation Notes and Bonds