HomeMy WebLinkAboutORD NO 61 AN' ORDINANCE REGULATING THE USE 0F..PUBLIC
STREETS ~ID THOROUGHFARES .FOR THE PURPOSE OF
LAYING D0W~ PIPES AND CONDUITS TI]EREIN AND
~V~.KING CONNECTIONS THEREWITH 'FOR INTRODUCING
~3D SUPPLYING T0 THE CITY'0F'B~XERSFIELD 0R
T0 THE INHABIT~.NTS THEREOF GAS WATER TELE-
PHONE TELEGRAPH_~'FIE AL~RM ~TEAM ~ESSENGER
0R 0TIrE~ PUB IC sERVICE AND'REPE~J,ING 0RDI-
N,~j,qCES N0S, ~1 111 2~ 273 and 275 0F THE
CITY OF BAKERS~IELD'. ~ '
ORDINANCE NO
'~"=.'..'-:~".'T.
· .; .-. ..... ..,
"2'.. ' '-""-' :.:........:".,..
BE IT 0RDAINED BY THE COUNCIL OF THE CI:J OF BEESFIELD
as follows:
SECTION 1.
It shall be unlawful for any person, firm or corporation .
to lay down pipes or conduits in the public streets or thorotEhf~res
of the City of Bakersfield., to open or tear up any roadway, street
or thoroughfare therein, except under the direction of the Super~,~en-
dent of Streets of the City of B.akersfield and in accordance wi~h.
the rules and regulations adopted' by the 'City Council.
SECTION '2.
I'~ shall be unlawful.. for any person, firm or Corporation
above referred to, to open any publf9· stre~,0r thoroughfare o-f
the City oT"'Bakersfield untiL(.h,%r it, shall have deposited 'with the
Superintendent of Streets a sum equal to fifty (50) cents per square
foot of' surface of said excavation or excavations~ to be made in the ·
streets or thoroughfares, or other public places which are paved with' ..:. .::,,~ ::
asphalturn', bituminous rock, brick, basalt block, ~L. edmacadam or
other hard surface paving substance of 'permanent character; a sum
equal to twenty five (25) cents per 'square foot of surface of'said
excavation, or excavations, to' be made in such streets or thorough
fares, ..or. other ·public places which are .oi!.ed ~nd .SC_r_eened or un-""
improved; provided that no deposit shall be less than Twenty ($20,00)'
dollars, m~d. provided further than any person, firm or corporation
intend i~'.to msk'e eXcavation. S .in ..,pub.!.ig" streets, thor. ough.~~~
public places may make and maint~in."'.a.'general deposit With
of Bakersfield in-the sum. of fiv'j"h~mdrSd ($500.00) '.~o~.~s,...'
United States gold coin, for the purpose hereinafter indic' '.'.~'...~?:L~....'~:...:=~:
while such general deposit iS. maintained. at the . s~ of"~'~:ivS hindred
($500.00) doll~s such person, fi'm or 'CorporatiOn 'Sh.~l not be .
f . · . . '...~ .- .
required to' m~e ~he speci~ deposi~ heroinbole're' provided for, 'but
sh~l .be required to obtain a pemit as hereinafter provided.
The Superintendent of Streets-on receiving- such general
or special deposit, as herein required,· shall 'open an account for "
the same in the manner and form prescribed by the City Auditor"
SECTION 3. '
· -~.. Whenev'er any person, firm or. corporation desires to
o.pen trenches in th'e public streets or thoroughfares fcF the purpose
of 'placing therein main or lateral pipes or.conduits, othe.r than
lateral sewers, such person, firm or corporation .Sh~l"..m.ak.-e applica-
tion and obtain a permit in writing from the Superintendent of Streets
not less than twenty-four (24) hours in advance of his.or its desire
to so open trenches in said streets or thoroughfares, except in Case
of accident or emergency, in which case written notice shall be given
within twenty-four hours after any such opening.
The application for the permit shall give the names of
the streets in which trenches are to be opened and. the names of the
cross streets between which said· trenches are to be made.
SECTION 4.
Notification of the correct location of any opening
made for the purpose of what is tsrmed prospecting shall be..~iw.f.em t~.e.
Sup~rk~S'~d'ent of Streets at all times, except· when such opening ....... '
becomes a part of t~e main trench, within twenty-four (24) hours, '.
approximately, after opening.
SECTION
. ........ :.~. ~.~.~?<.~.. ~...?'... ;..
for service pipes ~d repairs, the location sh~ll be described: by.-~' .c'.~i='.· ;~..~
givi~ the n~e of the street and 'the nmber of th~:'~:~"~ldi~
each opening, or between two. opposite given n~bers, and in case there·
are no nmbers by givi~ the aist~ce from such ope~i~s to the pro-
petty line at the nearest street crossi~.
SECTION 6.
A written notification that work has comenced, in the"
case of ~1 main or service trenches, shall be ~iven to the Superin-
tendent of Streets on the day that work is begun.
SECTION 7-
No trench shall be opened in any graded street or thor--
oughfare for the purpose of laying pipes or conduits· more than six
hundred (600) feet in advance of pipe or conduit placed therein;
except in cases of emergency or by consent of the Superintendent'of
Streets. All excavated. material shall be piled along the ..~rengh
· leaving clear an ares. of at least one (1) foot on each side 'thereof.
The surface material shall be piled on one side of the trend~..and the
sub-soil on the other side of the trench. If a crossing ' str.ee%
intersects the excavation a driveway 'shall at' all tim.e:s be ~Tintained.
SECTION 8. ..... '
As soon as repairs or alterations to existing pipes or
conduits have been made, or as soon as new construction work ha~ been
finished, notifieation in writing shall be given to the Superinten-'~:
dent of Streets and for a period of forty-eight (48) hours ~fte~r such
written notification has been received. by the S'uperintendent"0'f'!
Streets the person who has made the excavation must maintain proper
.barricades-and..lig~hts and assume full responsibility for $!!".excava-'
tions. After receiving written notification, as aforesaid, it shall
be the duty of the Superintendent of Streets to backfill all 'trenches
and. resurface the same.
SECTION 9. "· ··-
The Superintendent of.· Streets shall make out in dupliCat~e
a bill for the cost of re-trencHing· and·re-surfacing each excavation·
and shall deliver one copy thereof tO' the Auditor of the City of
Bakersfield and one copy to the persd~· who has made such exCav~.~ion.
If such person does not pay to the Superintendent of ·Streets the ~·'
amount of said bill within thirty (30) days, it shall be the duty of
the Superintendent of Streets to charge the ·cost Of said work against
any and all· deposits then in the City Treasury Or that may thereafter
come into-the 0ity Treasury belonging to the person required by thi~
ordinance to make such deposits, If the work has been done under
and by virtue of A general deposit and said depositor is debtor to the
City for work theretO fore performed, the depositor shall thereafter
not be.permitted to make any excavation or excavations in streets
until He sh;~ll have deposited the amount required to restore .said
general deposit to the sum of five hundred ($500,00) doll.~s.
The balance of .any special deposit may ~e withdrawn by the depo.sitor
after the Superintendent of Streets has delivered to the Auditor the
bill for the cost of work chargeable against said special deposit,
SECTION 10.
Within' ~ifteen (15) days after ~ depositor has. received'
notice in writing of the Cost of any work chargeable against.a
deposit, such depositor may file with the City Clerk a protest in
writing addressed to the City Council, sta. ti~g briefly any objections.
he ms.y have to the action of the Superintendent of Streets ~n making
'repairs,' doing any work under the nrovisions of this' ordiaance, or in'..:.
drawing upon shy deposit. The Clerk shall refer such protw. st .to
City Comcil' at its next regular 'meeting, .whereupon the City .'Council'
' '~hall fix"'~ ~ime 'for the hearing 0~' such protest" At s~ch"'~ne~'i~"
or At any subsequent meeting to which said hearing shall be post'
poned, the. City Council shall proceed to hear such protest and shall
make such order in the.premises as it shall deem just and equitable.,
. .........'j.
tendent' 'o f:StreetS was properi y'ch'~rge~bl e t0 "'the' depo ei ~0'~7'~d 7~.~
so, its detemin&tien e f the ~o~t properly so ch~geabl. e' s~!..be. ....
Nothi~ in this ordin~ce sh~l be construed to relieve
~y. person, fire or corporation herein referred. to from li~bili. ty for
accident or d.m~es C~used by failure or neglect to properly ~uard,..
light or protect ~y openings in public streets or thoro~fares for
period. of forty-eigHt (48) hours after the Superintendent of Streets
shall. have received' written notification of the completion of work.
SECTION '1'2. '
.~mythi~. in this ordinmce to the contrary notwithst.~d-
i~, authority is hereby grated. to the Superintendent. of Streets
pemit ~y public service corporation to do the retrenchi~ ~d resur-.
faci~ of ~ny excavations m~e by it, provided that s~ch public ser-
vice corporation h~s complied with the provisions of this section
at all times m~intains in the City Treasury a gener~ deposit of not
less thin five hindred (500) dollars as indemity ~ainst s~y d~es
that it may cause to the public streets of ~e City by virtue' of ~y
.excavations so made by it. Such general deposit must be maintained
at said s~ of five hind.red ($500.00) dollars for a period of not
less th~ one (1) year ~fter completion of ~l excavations ~d. resur-
fsci~ made by such public service corporation. Before ~y pu~ic
service corporation shall be ~lowed by said. Superintendent of Streets
to do its c.~ retrenchi~ or resurfsci~ it shall m~e ~d file. with'
the City of B~ersfield a ~itten assur~ce that it will refill ~l
trenches to the s~tisfaction of the B~perintend. ent of Streets ~d will
recurface the sine to as good condition as before said excavatioh' Was .
made ~d with similar materials, end that if st ~y time within a
period Of one (1) year the pavement'or .surface of tl~e streetS. o~:~:r"
said opening shall· become depresse.d. ll or ..broken, natural wear o.f the'.. '.
0 C .
the person, firm or corporation for whom the street was opened will
upon written notice from the Superintendent of Streets immediately
proceed. to repair and. restore said pavement in a proper and. worlman-
like manner t'o the satisfaction of the Superintendent of Streets.
And in case said pavement is not completely restored within-thirty
'(30) days after such notice has be'e~'.~iven, the Superintendent of
· Streets. may do the work at the expense of said. delinquent person,
firm or corporation after giving the said person, firm or corporation
twenty-four (24) hours final notice, and. that the cost of said work
'may be deducted from any deposit m~e by said person,_ firm or cor-
poration, or may be collected by suit, or otherwise.
SECT·ION
If any public service corporation is permitted by said
Superintendent of Streets under the provisions of this ordinance to
do its own retrenching and resurfacing an inspector shall be employed
by said City of Bakersfield upon said work and the cost of such.-'-...
inspection shall be a proper charge against said publi.c service cor-
poration and said sums shall be paid. by it to the City of Bakersfield-.'.:~
on demand, and in default of such payment may be deducted from a~y
deposit of such public service corporation in the City Treasury.
SECTION 14. '-
No pipes carrying water or gas shall be laid less than
thirty (30) inches below the official grade of any. streets, except by
p.ermit o.f the Council of the City of Bakersfield.
Every public service corporation maintaining pipes or
conduits in the Streets of the City of Bakersfield, shall file with
COuncil of the City of Bakersfield during the month of January of
I HEREBY CERTIFY that the foregoing Ordinance was passed
and, adopted by the Council of the City of 'Bakersfield on the
day of ~~ , 1920, by the following vote:
A e t~ ~ GLlchr'-'~t TTlnmm% r._~?.-~, Pje,.-,Lro, WLUow, WjJio~ .
~ VED t is -day of ~ity Olerk~//'and~ler.k of t~e '
~ ' ~ 9~Z0 Council of the ~ity of ~akersf~eld.,
AP~Csf eld~~
each year, a map (blue line print on cloth) indicating the size and
location of each pipe or conduit owned and 'maintained'..by such public
service corporation' in the streets of "said City, provid~.e...L~.,....hewever,
that after said public service corporation has in the first instance
filed such map, it may thereafter in lie~ of filing a new mp each
year, revise the map.on file so as to show changes and extensions;
SECTION 16.
The proViSions of this ordinance shall not apply to
excavations made for main or lateral sewers, either under the' provi-
sions of a contract entered into by the Superintendent of Streets or
under the authority of any street. ~mpro.vement act of the State of
California, or under the provisions of a contract made by or with the
consent of the City of Bakersfield where the specifications for said.
work provide for retrenching or resurfacing by the contractor.
SECTION 17.
Any person, firm or corporation.failing to perform .any
act required herein or violati~ any of the provisions of this ordi-
nance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine not to exceed three hundred
($300.00) dollars or by imprisonment in the ~ounty Jail for a perio~
not to exc~:ed ninety (90) days or by both such fine and imprisonment.
SECTION 18. "'
0rdinances Nos. 61,111, 236, 273 and. 275 of the City of
Bakersfield are hereby repealed.