Title 16 HIGHWAYS[1]
Chapter 16.50 STREET RAILWAYS
16.50.010 Additional terms and conditions.
16.50.020 Maintenance of highway by tracks--Requirements generally.
16.50.030 Maintenance of highway by tracks--Conformity with county changes.
16.50.040 Warning and protective devices.
16.50.050 Failure to maintain service--Franchise abandonment conditions--Removal of facilities.
16.50.060 Annual payments to county.
16.50.010 Additional terms and conditions.
A. Every franchise granted by the county after October 1, 1981, to lay
construct, operate, maintain, replace repair and remove street railway tracks
and their appurtenances, including ties, poles, wires and cables in, under,
upon, over, 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.
B. This chapter shall not be applicable to
franchises granted under Chapter 16.48 of this Division 3. (Ord. 12420 §
24, 1981: Ord. 7468 Art. 3 § 301, 1959.)
16.50.020 Maintenance of highway by tracks--Requirements generally.
The grantee shall, at its own expense and cost, maintain the
pavement of the highway between the tracks and for two feet on each side thereof
with the same material used by the county and under the same specifications and
in the same or similar manner as upon the highways over which the lines run, or
of a material and under specifications approved by the road commissioner, and
shall keep the same constantly so paved, improved and in repair, flush with the
highway, and shall make the roadbed conform at all times to the established
grade of the highways. (Ord. 7468 Art. 3 § 302, 1959.)
16.50.030 Maintenance of highway by tracks--Conformity with county changes.
Should the grade or alignment of the highway or type of paving
thereon be changed by the county at any time during the life of the franchise,
the grantee shall, at its own cost and expense, make the necessary alterations
or additions to cause its line and the pavement thereon to conform in all
respects to the grade, alignment and type of pavement adopted by the county.
(Ord. 7468 Art. 3 § 303, 1959.)
16.50.040 Warning and protective devices.
The grantee shall erect or construct and maintain, at its own
expense and without cost to the county, all warning and protective devices
authorized or ordered by the Public Utilities Commission of the state of
California, for the protection of traffic in connection with the street railway
system authorized by the ordinance granting the franchise. (Ord. 7468 Art. 3
§ 304, 1959.)
16.50.050 Failure to maintain service--Franchise abandonment conditions--Removal of facilities.
A. Failure to maintain regularly scheduled service on the lines under
franchise for a period of six months shall constitute abandonment of the
franchise, unless:
1. The board by order or resolution entered in its
minutes, or by ordinance, consents to 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 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 date of abandonment, lapse, expiration or 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. (Ord. 7468 Art. 3 § 305,
1959.)
16.50.060 Annual payments to county.
The grantee, during the life of the franchise, shall make annual
payments to the county as provided in Section 16.38.140 of this Division 3.
(Ord. 7468 Art. 3 § 306, 1959.)
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