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Whenever the Council shall order the street upon or across which there are any steam, electric, interurban or street railroad tracks, to be paved or otherwise improved, any person having such tracks thereon, or across the same, shall pave or otherwise improve that portion of such street required by law to be paved and kept in repair, by any person having steam, electric, interurban or street railroad tracks thereon, in the following manner:
The portion of the street between the rails, and for two (2) feet on each side thereof and between the tracks, if there be more than one, shall be paved or otherwise improved in a similar manner in all respects; except as hereinafter provided, to the work so ordered to be performed upon the contiguous portion of the street, under the same specifications and superintendence, with the same kinds of material and to the like satisfaction and acceptance; provided, that upon all streets which may be hereafter paved with asphalt, that portion of the street for a space of not less than six and one-half (6 1/2) inches on the gauge side and not less than three and three-quarter (3 3/4) inches on the outer side of each rail of such tracks and contiguous thereto, shall be paved with stone blocks; all of said blocks to be laid evenly and uniformly on edge in cement mortar upon a concrete foundation and grouted with hydraulic or Portland cement mortar, composed by volume, of one (1) part of cement to one (1) part sand. Special types of blocks or special methods of constructing the pavement along the rails, may be used with the written consent of the Board. Upon all streets which may be hereafter improved or re-improved with asphalt or similar pavement, the specifications for which require a binder course, such binder course need not be constructed between the rails, within two (2) feet of the rails, or between the tracks, if there be more than one track.
The entire roadbed construction and paving, except as herein otherwise provided shall be in accordance with the plans and cross sections for railroad track construction, on file in the office of the City Engineer, which plans and cross sections are numbered 26.261 and 26.262 and are designated “Plans and Cross Sections for Street Railroad Track Construction in the City of Los Angeles,” and are hereby adopted as and for the plans and cross sections therefor.
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, in the track or in the construction of any new track of such stream, electric, interurban or street railroad, upon, along or across any street that shall, after the effective date of Ordinance No. 29,121, approved February 3, 1914, be paved or is paved with asphalt, vitrified brick, stone blocks or other permanent pavement, except on curves where guard rails are used, or on track crossings, or switches, or upon steel bridges, or on those portions of streets where the gradient exceeds ten per centum, or on any street intersection at the lower termination of gradients exceeding ten per centum.
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.)
The provisions of Sections 62.122 and 62.123 shall not be deemed to require the use of grooved girder rails of the type described therein in the construction, operation or maintenance of electric street railroad tracks, upon the streets hereinafter named, or to require the removal of rails, other than grooved girder rails, laid prior to the adoption of Ordinance No. 29,121, approved February 3, 1914, in, upon or along the following named streets:
Washington Street from Western Avenue to the westerly City Limits; Vernon Avenue from Vermont Avenue to the easterly City Limits; Adams Street from Eleventh Avenue to the westerly City Limits; Hoover Street from Seventh Street to Wilshire Boulevard; Beaudry Avenue from Alpine Street to Sunset Boulevard; Commonwealth Avenue from Wilshire Boulevard to Fifth Street.
Nothing contained in this section shall be deemed to relieve any person constructing, operating or maintaining electric street railroad tracks in, upon or along any said tracks above named, in the event the rails of said tracks are hereafter removed, or said tracks, or roadbed reconstructed, from replacing the rails so removed and constructing the roadbed of such electric street railroad in accordance with the provisions of Sections 62.119 to 62.128 inclusive.
Whenever the Council shall have, by Ordinance, ordered any street to be paved or otherwise improved, upon or across which the tracks of any steam, electric, interurban or street railroad exists, the Board shall, at the time said Board makes a written contract for and fixes the time for the completion of work described in such ordinance, by resolution, also fix the time within which any person having such steam, electric, interurban or street railroad tracks thereon, shall complete the reconstruction of the tracks and the roadbed of such tracks, in the manner provided in Sections 62.119 to 62.128 inclusive, and complete the paving in the manner specified in such ordinance, of the portion of such street, required by law, to be paved and kept in repair by such person, for the entire length of the street or portion thereof, used by such tracks and so ordered to be paved. In the case of any such street so ordered to be otherwise paved or improved, the Board shall fix a time within which any such person shall, in the manner specified in such ordinance, complete the paving or other improvement of such portion of such street, for the entire length of such street or portion thereof used by such tracks and ordered to be paved or otherwise improved. The Board by such resolution shall require such person to do the work specified therein, within the time so fixed. Said resolution shall refer to said ordinance for further particulars.
Such time shall not be less than the time specified in such contract for the completion of the work described therein and may be for such longer period as the Board shall deem proper. The Board shall cause a copy of the resolution, certified by its secretary, to be forthwith served upon such person. Service of such copy may be made by delivering personally to the manager, superintendent or agent of such person in this City. Proof of the service of such notice shall be made by the affidavit of the person making the same and the record thereof shall be kept in the office of the Board. Nothing herein contained shall be construed to prevent the Board from extending the time so fixed by it and specified in said resolution, for good cause, and prior to the expiration thereof, upon an application in writing made by such person. Upon the service of the copy of the resolution, as aforesaid, it shall be the duty of such person to prosecute the work specified in resolution with due diligence to completion, within the time so fixed, or within such time as so extended by the Board.
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