A. Every franchise granted by the county after October 1, 1981, to lay, construct, operate, maintain, replace, repair and remove railroad tracks and their appurtenances, upon, on, along or across any highways, 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 Chapter 16.38 as are incorporated by reference in the ordinance granting the franchise, and in addition to those terms and conditions set forth in the ordinance granting the franchise. As used in this chapter, the term “railroad track” shall also include main, branch, side, switching and spur track. Unless otherwise specifically indicated in this chapter or in the ordinance granting the franchise, the term “spur tracks” shall also include drill or team track. (Ord. 12420 § 14, 1981: Ord. 7468 Art. 2 § 201, 1959.)

The franchise gives the grantee the legal right to obtain a permit to do the work covered by the franchise under Ordinance 3597, codified in Division 1 of this title, as now existing or hereafter amended, and as codified in Division 1 of this title, if the grantee complies with all such Division 1 provisions. (Ord. 12420 § 2 (part) 1981; Ord. 7468 Art. 2 § 206, 1959.)

The grantee shall pay to the county during the life of the franchise, for each and every year, including the year of granting the franchise, an annual fee of $100.00 per track, plus $1.00 per foot of track in excess of 100 feet. Each track shall be considered a separate unit for this purpose. The fee due under this section subsequent to the year of granting of the franchise shall be due and payable on the first day of January of each calendar year. (Ord. 12420 § 3, 1981: Ord. 7468 Art. 2 § 209, 1959.)

In the case of the grant of an initial franchise or a grant of a franchise which changes, renews or continues a previously granted franchise, the grantee shall pay to the county within 60 days after the effective date of the ordinance granting the franchise, as consideration for the franchise, a granting fee as follows:
A. Renewal or continuation of existing franchise without change in franchise area: $500.00;
B. Initial grant of franchise or change in area of previously granted franchise; $1,000.00. (Ord. 12420 § 4, 1981: Ord. 7468 Art. 2 § 210, 1959.)

A. Subject to applicable federal and state regulations, 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, and if said interested parties are unable to agree, to be determined by the Interstate Commerce Commission or the Public Utilities Commission of the state of California, as appropriate, 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.
B. This section is applicable only to franchises granted for drill tracks. (Ord. 12420 §§ 2 (part) and 20, 1981: Ord. 7468 Art. 2 § 208, 1959.)

The work of constructing the railroad track shall be commenced in good faith within not more than four months from the date of the granting of the authorization to construct by the Public Utilities Commission or as extended by order of such Commission, 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; and if the work be 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 board, by order or resolution entered into its minutes, or by ordinance, may consent to a modification of this provision. (Ord. 12420 §§ 2 (part) and 22, 1981: Ord. 7468 Art. 2 § 212, 1959.)

The grantee shall, at no expense or cost to the county, city or public entity, construct all necessary flumes, aqueducts and culverts for the free passage of water under the tracks of said 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 the terms and conditions of the Highway Permit Ordinance, codified at Division 1 of this title, and the Standard Specifications for Public Works Construction. (Ord. 12420 §§ 2 (part) and 16, 1981: Ord. 9329 § 2 (part), 1967: Ord. 7468 Art. 2 § 203, 1959.)

In the event it is necessary to construct or maintain any storm drain, sewer or other structure under or along the railroad 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, subject to appropriate Public Utilities Commission regulations. (Ord. 12420 §§ 2 (part) and 18, 1981: Ord. 7468 Art. 2 § 205, 1959.)

The board, in granting the franchise, expressly reserves the right to pave, macadamize, oil, gravel or otherwise improve or renew any of the highways crossed by the railroad track, or to lay gas or water lines, sewers, storm drains or other structures therein, said work to be done so as to affect the railroad track as little as practicable. This section does not supersede, modify or limit in any way any provision of Chapter 16.38 of this title or the application of any such provision to this chapter. (Ord. 12420 §§ 2 (part) and 17, 1981: Ord. 7468 Art. 2 § 204, 1959.)

If, either before or after the granting of a franchise for a railroad track, the grantee of such franchise and the county, or a 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 of California, 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. (Ord. 12420 §§ 2 (part) and 23, 1981: Ord. 7468 Art. 2 § 213, 1959.)

Subject to applicable Public Utilities Commission regulations, in the event it becomes necessary for trains to stand on that portion of a track in a highway crossing for longer than 10 consecutive minutes, the trains shall be broken and the cars separated at such highways to permit the full use of the highways by vehicles and pedestrians. (Ord. 12420 §§ 2 (part) and 19, 1981: Ord. 7468 Art. 2 § 207, 1959.)

The spur track to be laid and constructed under the franchise shall be used exclusively for the purpose of connecting warehouses, factories, businesses, 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. (Ord. 12420 § 15, 1981: Ord. 7468 Art. 2 § 202, 1959.)

A. Failure to use the spur track for a continuous period of six months shall constitute an abandonment of the said spur track. 30 days after notice of the grantee of such abandonment, the franchise and all rights and privileges granted thereunder shall be deemed to be null and void, unless:
1. The board by order or resolution entered in its minutes, or by ordinance, consents to such non-use; or
2. Such failure is caused by strikes, acts of God, or other causes beyond reasonable control of the grantee.
B. In the event of abandonment, lapse or expiration of the franchise, or termination of the franchise by the board for noncompliance, the grantee shall remove all rails, ties, poles and appurtenances from the highway, and shall reconstruct the pavement and other highway improvements adjacent to the tracks so that the work done shall join and be continuous with the work done in adjoining portions of the highway. 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 county, and shall be done to the satisfaction of the road commissioner.
C. This section is applicable only to franchises granted for spur tracks, and not drill or team tracks. (Ord. 12420 §§ 2 (part) and 21, 1981: Ord. 7468 Art. 2 § 211, 1959.)