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SEC. 62.123.  RAILROADS – CHANGE OF RAILS.
 
   No person owning or operating any steam, electric, interurban, or street railroad, shall use any rails, other than grooved girder rails, not less than seven (7) inches in height of such pattern and dimensions as shall be approved by the Board of Transportation Commissioners in replacing the rails of any tracks that shall be taken up and replaced, with new or other rails in streets now paved with asphalt, vitrified brick, stone blocks or other permanent pavement. Nothing herein contained shall be construed to require the use of such grooved girder rails on curves where guard rails are used, or on track crossings, or on those portions of streets, where the gradient exceeds ten (10) per centum, or on any street intersection at the lower termination of gradients exceeding ten (10) per centum, or on streets not paved with asphalt, vitrified brick, stone blocks or other permanent pavement, or upon steel bridges. Nothing herein contained shall be construed so as to prevent the use of any rails laid in such paved streets at the time Ordinance No. 29,121, approved February 3, 1914, became effective, until such rails shall be replaced or shall be required to be replaced by new or other rails as provided by Sections 62.119 to 62.128 inclusive. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.)
 
   Rails laid and in use in such paved streets at the time Ordinance No. 29,121, approved February 3, 1914, became effective, may be replaced by rails of a type other than grooved girder rails, herein required with the written consent of the Board of Transportation Commissioners, in any case, where such replacement shall not exceed one hundred fifty (150) feet of single track. The Board of Transportation Commissioners is hereby authorized and directed upon application made to said Board of Transportation Commissioners to examine into and consider the facts and circumstances in each particular instance. Whenever, in the opinion of the Board of Transportation Commissioners, based upon traffic conditions on any street, it is unreasonable, under existing conditions to require the use of such grooved girder rails, or to require the construction work of any railroad to be done in the manner provided in Sections 62.119 to 62.121 inclusive, or whenever, in the opinion of the Board of Transportation Commissioners, based upon market conditions, it is impossible or impracticable to obtain such grooved girder rails, the Board of Transportation Commissioners is hereby authorized and empowered to permit, by order or resolution, the use upon certain designated streets, of rails other than grooved girder rails, of such pattern and dimensions as the Board of Transportation Commissioners may prescribe, and authorize the construction of the roadbed, and the laying of ties, to be done in such manner as the Board of Transportation Commissioners may determine and specify; and the Board of Public Works is hereby authorized and empowered in such instances, by order or resolution, to permit the paving adjacent to the tracks and other construction work to be done in such manner as the Board of Public Works may determine and specify. (Amended by Ord. No. 151,833, Eff. 2/10/79, Oper. 2/25/79.)