§ 10:5. Construction and repair of streets, bridges or culverts.

(a)

In order that such will not adversely affect the present or future drainage of the city-parish, no construction or repair of any bridge or culvert over which railroad tracks are laid shall be performed prior to obtaining the approval of the plans for such construction or repairs by the director of public works, and such construction or repairs shall be done in conformity with the approved plans.

(b)

The director of public works shall require that the construction and maintenance of city-parish streets between or immediately adjacent to the rails of any railroad be in accordance with the provisions [in] R.S. 45:323. The director shall prepare typical plans and specifications of general applicability to the construction and maintenance of streets between railroad tracks and adjacent thereto in street areas set forth in R.S. 45:323, and he is authorized to modify such typical plans and specifications as may be necessary in unusual installations.

(c)

Should the owner or operator of a railroad or the grantee of a railroad switch track privilege fail to start repair of any roadway deficiency between or adjacent to his tracks in area specified herein as soon as practicable and not more than thirty (30) days after notice thereof has been brought to his attention by the director or his agent, or fail to complete such correction in not more than sixty (60) days after the notice, the director of public works may correct such deficiency or cause such to be corrected and the cost of such correction shall be borne by the owner of such tracks or by the grantee of the switch track franchise; provided, that the thirty-day period and/or the sixty-day period hereinabove specified may be extended by the director of public works because of extenuating circumstances such as nonavailability of material, equipment or skilled manpower or other conditions beyond the reasonable control of the persons or legal entity required to repair the designated deficiency; and provided further that this shall not affect existing agreements for maintenance of crossings between the city-parish and any railroad company or grantee of a switch track.

(City Code 1951, Title 10, § 5; Parish Code 1962, Title 10, § 5; Ord. No. 9590, § 1, 3-10-93)