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The rail used in construction of all spur tracks constructed on all paved streets subsequent to the passage of this Article shall be T-Rail with inner guard rail as approved by the Department of Public Works or Girder Rail of a standard style. If any spur track now in existence in said City and County shall be reconstructed, in whole or in part, on any paved street, the T-Rail with inner guard rail or standard girder rail as above designated, shall be used in such case.
All spur tracks hereafter constructed shall be laid to conform to the actual surface grade of the roadway, so as to cause the least obstruction to traffic. In case said roadway is above or below the official grade, and should be subsequently paved or repaved on the official grade, all such tracks and their adjacent pavements shall be changed to conform to the official grade by parties or party laying or using the same, and without expense to the City.
Every holder of a permit to operate, maintain or use any spur tracks over and along any street or sidewalk in this City and County is hereby required whenever notified by the Department of Public Works, by written notice, to pave the area between the rails and for two feet outside thereof and between such tracks, if there be more than one, as may be located 15 feet or less apart center line to center line for the entire length of the street used by the track or tracks, except where said tracks are in separate ownership, in which case the cost of said paving shall be equally divided. The type of pavement used shall be as specified by the Department of Public Works. In case the roadway of a street should be repaved with another type of pavement than that formerly used, the portion of the roadway occupied by the railroad track or tracks shall be changed on order of the Department of Public Works.
Every person, firm or corporation operating, maintaining or using any spur tracks, shall maintain them and their adjacent pavements between the rails and for two feet each side thereof and between such tracks, if there be more than one, as may be located 15 feet or less apart center line to center line as hereinafter provided, in good repair, flush with the surface of the pavement of existing roadway, so that said tracks will be no obstruction to vehicles, and to the satisfaction of the Department of Public Works, except where said tracks are in separate ownership, in which case the cost of maintenance shall be equally divided. In case said spur tracks or their adjacent pavements become out of repair, the person, firm or corporation, or persons, firms or corporations operating, maintaining or using said tracks, shall repair the same to the satisfaction of the Department of Public Works, within 30 days after service of notice to do so by the Department of Public Works. All permits for laying spur tracks shall contain the condition specified in this Section.
No permit shall hereafter be granted for spur tracks on any public street in the City and County of San Francisco except upon condition that all persons, firms or corporations owning or using property fronting thereon, or owning or using other tracks connecting therewith, shall have the right to use said tracks upon paying a proportionate share of the cost of the construction, maintenance and repair of said tracks and their adjacent pavements, unless upon other terms mutually agreed upon with the person, firm or corporation to whom the permit is granted, it being understood that cars loaded with perishable products shall have the right-of-way if necessary.
The railway operating any spur track on any public street or property hereafter constructed in the City and County shall, upon demand of the person, firm or corporation for the use or benefit of which such spur track is operated, place upon such spur track the freight cars of any railway which has, in this City and County, track connection with the operating railway; such cars so placed to be used for the receipt and delivery of freight in carloads only. And the operating railway shall receive and deliver the cars of the connecting railway over, at and upon such connecting track in the performance of such switching services for such persons, firms or corporations and such railway shall perform such service without undue delay or discrimination. The operating railway shall perform such service for the same charge or rate that it charges for corresponding service for its own cars upon the spur track for like purpose. The provisions of this Section shall apply only to such portions of such spur tracks as are not constructed, maintained or operated upon or across private land, and no permit for a spur track shall hereafter be granted which does not specifically contain the provisions and conditions of this Section. Any provisions of this Section in conflict with state and federal laws shall not apply.
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