CHAPTER 9
SPUR TRACK FRANCHISES
Sections:
Part 1. Definitions
Part 2. General Provisions
§ 6903 Application for Franchise.
§ 6904 Acceptance of Franchise.
§ 6912 Renewals of Existing Franchises for Spur Tracks.
§ 6913 Conflicting Improvements.
§ 6915 Work on and Restoration of Streets.
Part 1. Definitions
6900 Short Title.
This Chapter shall be known and cited as “the Spur Track Franchise Ordinance.” (Ord. 79-488, § 1)
6901 Definitions.
For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.
a. “City” shall mean the City of Carson.
b. “Council” shall mean City Council of the City.
c. “Code” shall mean the Municipal Code of the City.
d. “Department” shall mean the Public Works Department of the City.
e. “Director” shall mean Public Works Director of the City.
f. “Franchisee” or “Grantee” shall mean the person to whom the franchise is granted, and any person to whom it is lawfully assigned.
g. “Facilities” or “Appurtenances” shall mean all property of the Franchisee, whether installed by the Franchisee or not, erected, constructed, laid, operated or maintained in, upon, over, under, along or across any street pursuant to any right or privilege granted by the franchise.
h. “Highway Permit Ordinance” shall mean County of Los Angeles Ordinance No. 3597, as adopted by reference in the City pursuant to CMC 7100.
i. “Person” shall mean any individual, person, firm, partnership or corporation.
j. “Section” shall mean a section of the Carson Municipal Code, unless some other Code or statute is mentioned.
k. “Shall” is mandatory, “may” is permissive.
l. “Street” shall mean any street, road, highway, alley, lane, or court or other public easement, and above and below the same, in which the City has the authority to grant a franchise.
m. “Spur Track” shall mean any railroad track which branches off a lead track from the purpose of serving particular industrial or business enterprises.
n. “Supervisor” shall mean the Business License Supervisor of the City. (Ord. 79-488, § 1)
Part 2. General Provisions
6902 General Conditions.
Franchises for the construction, reconstruction, operation, maintenance, repair and removal of railroad spur tracks upon, on, along or across any highways, except as otherwise provided in the ordinance granting the franchise, shall be granted by the City in the manner, for the term or time, subject to and upon the terms, conditions, rules, regulations and restrictions contained in this Chapter, in addition to those terms, conditions, rules, regulations and restrictions set forth in the ordinance granting the franchise. (Ord. 79-488, § 1)
6903 Application for Franchise.
The person, firm or corporation desiring such franchise shall file with the City Clerk an application therefor in writing, in quadruplicate, signed by said applicant, fully, completely and definitely describing the center line of said spur track between the termini thereof, and accompanied by a plat or diagram showing in detail the location of such spur track with relation to all public streets, lanes, alleys, ways or other public places, and to all parts or portions thereof, along, over or across which it is proposed to construct such track. (Ord. 79-488, § 1)
6904 Acceptance of Franchise.
The Franchisee shall, within ninety (90) days after the passage of the ordinance granting the franchise, file with the City Clerk of the City and with the Supervisor a written acceptance of the terms and conditions of said ordinance. (Ord. 79-488, § 1)
6905 Term.
Unless the ordinance granting the franchise provides otherwise, the term of the franchise shall be for a period of twenty-five (25) years from and after the date of the passage of the ordinance granting said franchise. (Ord. 79-488, § 1)
6906 Publication Costs.
The Franchisee shall pay to the City at the time it files an application for a franchise, an amount to be determined by the City Clerk which is sufficient to cover all advertising and publishing costs, including the cost of publishing the ordinance, if necessary, incurred in connection with the granting of the franchise. (Ord. 79-488, § 1)
6907 Rates.
As consideration for the franchise granted, the Franchisee shall pay to the City in lawful money of the United States the following:
a. Base Annual Fee. A base annual fee in the amount of $75.00.
b. Adjustments. The amount of each payment under paragraph (a) shall be revised annually based upon the increase or decrease in the level of the Consumer Price Index, All Urban Consumers (L.A.-L.B.-Anaheim, CA.) (1967=100) as of May, 1979 (Index = 211.0), prepared by the United States Bureau of Labor Statistics.
c. Delinquency Date and Penalty for Nonpayment. All annual fees (base annual fee and any adjustments) shall be due and payable on January 1st of each calendar year. If any annual fee is not paid on or before the last day of February of the year in which due, there shall, on March 1st, attach a penalty of one hundred (100) percent of the total annual fee. (Ord. 79-488, § 1; Ord. 86-750, § 1)
6908 City Officers.
Any right or power conferred, or duty imposed upon any officer, employee or department of the City shall be subject to transfer to any other officer, employee, or department of the City. (Ord. 79-488, § 1)
6909 Permits.
Where the provisions of the Highway Permit Ordinance, or the provisions of any other ordinance, rule or regulation which shall be in force at that time, require the issuance of an excavation, encroachment or other type of permit, the Franchisee shall not commence any excavation or encroachment work under the franchise until it shall have obtained such permit from the Department except in cases of emergency affecting public health, safety or welfare or the preservation of life or property, in which case the Franchisee shall apply for such permit not later than the next business day.
The application of the Franchisee for such permit shall show the following facts: the length and proposed location of the track and/or appurtenance intended to be used, and such other facts as the Department may require. The Franchisee shall pay any and all permit inspection fees to the Department. (Ord. 79-488, § 1)
6910 Completion Statement.
Upon the completion of the construction of any track or appurtenances constructed pursuant to the franchise, the Franchisee shall submit a statement to the Supervisor, identifying the permit or permits issued by the Department, the total length of track, the construction of which was authorized under such permit or permits, and the total length of track or appurtenance actually laid. (Ord. 79-488, § 1)
6911 Responsibility.
The Franchisee shall be responsible to the City and shall save the City, its officers, agents, and employees, free and harmless from all claims, damages or liability arising from the use, operation or possession of the franchise, the use, operation or maintenance of the facilities erected, constructed, laid, operated or maintained thereunder, and any damage or injury suffered by any person by reason of any excavation or obstruction being improperly guarded during any work authorized pursuant to the franchise or the failure or neglect of the Franchisee to properly perform, maintain, or protect any phase of such work. This Section shall not apply to damages caused by intentional or negligent acts or omissions of the City. (Ord. 79-488, § 1)
6912 Renewals of Existing Franchises for Spur Tracks.
The provisions of this Chapter shall apply to renewals of existing franchises for spur tracks. When an application is made for renewal of existing spur track permit or permits authorizing track or tracks constructed and in place at the time of the application for renewal thereof, then the fee for such renewal or renewals shall be a sum equal to that provided for in CMC 6909. Each such application filed for the purpose of renewing expiring franchise or franchises and ordinances granting same may include renewal of permits for as many tracks as may be expiring within one (1) calendar year. No notice of such application for renewal need be given except such as may be deemed necessary by the Department. (Ord. 79-488, § 1)
6913 Conflicting Improvements.
The City expressly reserves the right to relocate, change the grade of, pave, macadamize, sewer, or repave, remacadamize or resewer the street upon which the permit to construct said spur track is hereby granted, and to construct or lay storm drains, gas, water and other utility facilities and improvements under, across and in such street, such work to be done so as to injure said railroad as little as possible. (Ord. 79-488, § 1)
6914 Damage to Streets.
If any portion of any street shall be damaged by reason of facilities laid or constructed by the Franchisee under the franchise, the Franchisee shall, at its own expense, repair any such defect and put such street in as good condition as it was before such damage was incurred, and in accordance with the terms and conditions of the Highway Permit Ordinance and the Standard Specifications for Public Works Construction (Building News, Inc.) in effect at that time. If such damage constitutes an immediate danger to the public health or safety requiring the immediate repair thereof, the City without notice may repair such damage and the Franchisee agrees to pay the reasonable cost thereof upon demand. This Section shall not apply to damage to the street caused by the construction work of the City or any other entity other than the Franchisee. (Ord. 79-488, § 1)
6915 Work on and Restoration of Streets.
The work of constructing, laying, replacing, maintaining, repairing or removing all tracks and appurtenances authorized under the provisions of this Chapter in, over, under, along or across any street shall be conducted with the least possible hindrance to the use of the street for purposes of travel, and as soon as such work is completed, all portions of the street which have been excavated or otherwise damaged thereby shall promptly and in a workmanlike manner be repaired, replaced or restored and placed in as good condition as the same was before the commencement of such work. Such restoration, repair or replacement work shall be done at the expense of the Franchisee, and in accordance with the terms and conditions of the Highway Permit Ordinance and the Standard Specifications for Public Works Construction (Building News, Inc.) in effect at that time.
In the event that the Franchisee shall fail or neglect to make such highway repair, replacement, or restoration work, then ten (10) days after notice therefor has been given Franchisee by the Director, the City may repair, replace or restore said highway at the expense of Franchisee. Franchisee agrees to pay to the City the cost of performing such work. The amount so chargeable shall be the direct cost of such work plus the current rate of overhead being charged by the City for reimbursable work. (Ord. 79-488, § 1)
6916 Severability.
If any provision of this Chapter, and the application thereof, to any person or circumstance is held invalid, the remainder of this Chapter shall not be affected thereby. If any provision of this Chapter is held invalid or beyond the scope of the authority of the City to impose, such provision shall be deemed ineffective. (Ord. 79-488, § 1)