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HomeMy WebLinkAboutORD NO 124THEREWITH,· FOR LArING S~E.W.A~S, CUHBS, SEWERS BY· PRIVATE CONTRACT, REG'ULATING THE LAYING OF LATERAL SE~ERS, FOR INTRODUCING AND SUPPLYING TB THE CITY OF BAKERSFIELD OR -THE INHABITANTS 'ivHEREOF, GAS, WATER, ~.~. TELEPHONE, TELEGRAPH, FIRE ALARM,· STEAM, MESSENGER OR OTHER PUBLIC SERVICE, AND REPEALING ORDINANCES NOS. 82 New Series, 81 .New Series and ~1 New Series of the City of Bakersfield, 0alifornia.· SECTION BE IT ORDAINED BY THE COUNCIL OF. THE CITY OF BAKERS- FIELD, as follows: SIDEWALKS, CURBS AND PAVIN,~ 'L', '~nenever the Council of the City of .Bakersfield or Superintendent of Streets shall grant permission.to any 'person, firm~ compare., or c~rpora~ion, to grade~· pave, side. walk, curb, lay sewers or otherwise make any permanent improve- ments on~ under, over or across the streets, alleys, or."0ther"~. public places of this City, by.private contract, such. persOn, · firm, company.or corporation shall immediately'after permissionr -. shall have been granted apply. to the S~.'perintendent of j .-' .-..~'- . from said Superintendent of Streets shall. be obtained be.fo~--e ~"" ' any 'of' the wor~l~" sought to be don~ 'shall be commenced, Before" issuing such permit the Superintendent of Streets shall reqUi-r:.e~~'. '=':" .'. to deposit in the office of the ·Superintendent of"Streete a sum SuffiCient to cover all fees of the .Superintendent'Of ." Streets'and of'the City Engineer incurred or'to be incurred in.connection therewith, and up6n the completion of the pro- -p.. !- y p on o f .the de~'Ssit .so. made s.h~,ll' ".~.~:~j'-.'.':.:' .'.:.?". ]~. '. · · ""> '.. · ..: ." in excess of the fees herein.~O.v!ded,. 'such':exCe.$~si~:.~.~~~:':.:.. . . . · .. .... .......~.~)... :... ~}.~ . .. -.... ~.. ::' .. , ~..~::....j..:~..: · ~..::.~?;~.~c.~...~..~.~ e completion of the proposed'~'~.ork~ required to cover the fees herein provided-' shali-:~j~~.....".'~..'. . - . ....: .....:...... .... . . ".. ~->~...~ .......... completion of said work, be paid .':.by ~e 'Supe.r~.e~ht of .L....-'. .-. '.....' ..~ ...~.....?:r:.:...?~ ~... .~k.- Streets into the Treasury of the .C~ty of BakerSfield at the SECTION 2. SECTION S. time and in the manner that he.--.deposits other moneys For the purpose of this ordinance it Is 'hereby made· the duty 'of the. Superintendent of Streets to have and .prepare'~: .' ': and keep in his office the necessary blanks for such permits, provided for herein, and also a book in which a record shall .be kept. of all permits issued. The City Engineer shall keep a copy of ~he plans and specifications 'on file in his office and file a COpy of the specifications in .the office o,f the 'City Clerk. All work ~o done by private contract must be Under the supervision and, di-rection of the Superintendznt Of Streets' or an inspector. appointed by him, and inall respects~shall comply 'with the plans and profiles on file in the office of the city Engineer and specifications on file in the office .. of the City Clerk'of.the 0ity.0f~aker'sfield,. No inspection!.[-'~....i~:':~:'!~':~. given by the City Engineer that an ~inspection is desired.· The minimum fee for any inspectionunder the provisions of. ':":~""' this ordinance shallk~e'five ($5.00) dollars. -2- ' ', .'~:'. :."r~;-?,--'-;~',-.~.'.~ ~';~".~ ,..": ' ' -' ".:~'~":'!':":1.'; L~..'~-:.*""'.;,~ SECTION The person, firm~ ~ompany' or .corporati0'n, or contrac- tot doing such'work for which'such .permit shall Have been granted shall not collect from the property owners,..his agent or assigns,' any compensations for any part or portion work so done until all'of the incidental expenses for surveying, i'nspection, etc., have been paid, nor shall'such compensations be collected until the Superintendent of StreetS. of the City of Bakersfield shall have accepted the work in writing, which said acceptance shall be the only notice to the property. owner that the work was done. to the satisfaction of the City ,i~ of Bakersfield through~ its Street Superintendent.. LATERAL SE~1ERS SECTION The City of Bakersfield, its .duly. authorized agents, servants and employes shall have the exclusive right to make connections with the public sewers in the'streets and'alleys of said ~Dity of Bakersfield between the curb lines and to lay later&ls':therefrom through the streets and alleys'of said City to the curb line. " SECTION 6. Any person who shall. require the construction of a house connecting sewer between the street sewer and the curb line shall make written application therefor at the office of the Superintendent of Streets of the City Of Bakersfield 'a~c~..-'~'. '. 'l~ast ten (18)"'~ before the c6~necti0n is reqUi~e~d~' and Shall deposit with said Superintendent of Streets the fee for such sewer, as hereinafter established, The Superintendent of Streets shall thereupon cause such connecting sewer lateral 'to be constructed from the street sewer t0' the 'curb line SECTION · '.: -. :"V" '~.~.'~ .'-'::" ~'-';."~. ~.:! "('..~'-'.~.. '. :..~ "~': ~:".a..: :i~k~' i/ii.V.~ii~.. !. ~.. '~.' '-~.~' · · ... .. . . ..... .... workmen employed in hi s department - in. accordance. '~tth · . .. . - : ..... Ordinance., roles and ~e~latio~S'.f"p~esc~bed ..: ..~.?,-..~ ..-.-.. . ...........~. ~ , ....:'.;(;~:'~.j:: [:'.~%;.'.q( .:. ~.:.~ .~.~..;:~j.~'.~i~ - .... ..... '. "' ·~e Following fees are hereby :;f~X;~.-.~d established . . ...:..] .~. ..... . .....il~.;,..,..~...r[~.n-~. for the constmct'ion by the C~ty of Bakersfi~l.~..'O~. 1.~..~eral sewers ·between street sewers ~d curb lineS.:. For sewers not in excess of three feet in depth, the sum of seventy-five (.75) cents per 'lineal foot..;""fo'r-:r'.:,,"'!. ~ach foot or fraction of a foo~ in depth in excess of three'.. ', feet, fifteen (.15) cents per lineal foot together with twenty .': five (.25) cents per square foot for each and every foot or ./.,' fraction of a foot of street surface torn up on Unimproved streets or ·streets improved with oil. and-screening wearing surface, or fifty (.50) cents· per. square· foot for each and every foot or fraction of a foot of street surface torn up .om streets ·improved with macadam, asphaltic 'cOncrete, cement con~ crete, or other hard surface pavement. At the time of making the application as provided by section ~. 'of' this o~dinance, .. the applicant shall deposit in the office of the Superintendent of Streets one dollar and seventy'cents ($1.VO) per·lineal foot for' each and every foot'covered'by such application where'·the proposed connection iS to be made on an unimproved street·or on a street. improved with an'oil and screening wearing surface, or shall deposit two dollars and ~wentyj[($2.20) per lineal foot for each and every foot coveredby such.application where.the" -- proposed[ connection. is to be·made on.'a/street'paved.With:- ....... face'paVement and said deposit so made shall be retained by said'· SUperintendent of ~treets, and upon the completion of proposed··· work i~ any portion of the deposit·so made shall remain in 'excess shall, upon the completion of the proposed work, be ~efunded to the person depositing' the. same, and' such portion ::.~.;...: .......~ :'.( 'i .- ." ' .. ...- .,:.....::j .' ...,:,..- .. · ... shall, upon the completion of said work, be paid .by-the tendent of Streets into the treasury of the City of received by him. th . . . '.. '.~-."'~ .~':""" '~"..~ "'.' · j.. It is hereby declared to be unlawful for any person, firm or corporation other than employes or agents of the -':'. City of Bakersfield, to construct any. lateral between a stree~-.- sewer and. the curb line in the City of Bakersfield. ... · SECTION 9. It shall be unlawful for any person, ·firm or corpora-- tio·n to lay down pipes or 6onduits in the ·public streets or thoroughfares of the City of Bakersfield,.to open or tear up any roadway, street or thoroughfare therein, .except.under the direction of the Superintendent of ·Streets of the City·of Bakersfield and In accordance with the rules and regdla~ions adopted by the City Council. SECTION 10. It shall be unlawful for any person, firm or. Corpora- tion above referred to, to open any public street, or othorough-.·~ -~e..q~..t~e~ ity of Bakersfie~d until he~. or ..it, shall have " " : deposited with the Superintendent ·of Streets a~sum equal to fifty (.80) 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 asphaltum, bituminous rock, brick,.basalt block, oiled macadam'or 'other hard surface SECTION l!. fi~e cent's (.28) per square foot o'f-.surface of said'e~cava.t'ion~'°~;. or excavations, to be made in such streets or thoroughfares, or other. public places which are. oiled and screened or dollarS, 'and provided further tha~ any person, firm. or-' corpora. tion intending to make excavations in public streets~ thorough- fares or other public places may make and maintain a general deposit with tee City of Bakersfield in the ~um of five hundred ($800.00) dollars, in United states go~d-coin,· for the purpose hereinafter indicated, and ~'such general deposit is main- tained at the .sum of five hundred ($~00.00) dollars, such person, firm or corporation shall not be ·reqUired to make the special· deposit h'ereinbefore provided for~ but shall be required to.' obtain a permit as hereinafter prOVided.· The Superintendent of Streets on receiving such general or special deposit, as herein·required, shal'l open an account for the same in the manner and form prescribed by the City Auditor. Whenever any person~ firm or corporation desires to open trenches in the public s~reets or thoroughfares for the· purpOse'of placing therein main or lateral pipes or conduits~ other than lateral sewers, such person, firm or corporation h shall make application 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 ~n s~id ..:..~;..... s~ee~s 'o~ thorOughfare~',"e~cept'in c~se of accident ~ emergenc~, 'in·Which case w~itten notice· shall be given within twenty-four (2~) hours'after any such opening. The application for the permit shall give the names· 'the streets in which trenches are 'to be opened and ·the names of the cross SECTION Notification of the:..' c.orrec·t location '.of' .a..n..y-.:.. ope~.i,'.~.~,:-'.'["'~.-'-~ :."~L~;..~:~ . · . . .. --~.~ .~..:. ~.... ,...:.-:.-.:,..,.?.L.-....i....~.: .:.~.-.: .;~.. given the SUperintendent Of Streets at all times~ except'~"-...-.. such opening become~ a part of the main trence, within four (S4) hours,· approximately, after opening. SECTION 13. 8.ECTION 14. In the application for a permit to open trenches.in streets for service pipes and repairs, the location sh&ll be described by ··.'giving the name of the street and the number' .of the.building opposite each opening, or between two opposite given numbers, and in case there are no'-numbers by giving the distance from such openings to the property'line at the' nearest street crossing, A 'w~itten notification that work has commenced, in the case of all main or service trenches, shall be given to the Superintendent of Streets on the day·that work is begum, SECTION lS. No trench shall be opened in any.graded street or thoroughfare for the purpose of laying pipes or conduits more than six hundredd (~00) feet in advance of pipe or conduit '.' -. placed therein, except i.n cases of emergency or by c.o'nsent of ..:.,.. the Superintendent of Streets, All excavated material sha.-1.1'.'~'.. 'Be' rp~'l,ed"al6ff~ 'the trench· ie~ving" clear an 'a~"o~"~ ~east ' one foot' (l~. on each side thereof, theThe surface material shall be piled on one side of the trench and the sub-~oil on the other side of the trench. If a. crossing street inter- 'sects the excavation a driveway shall at all times be maintained. .. ~EOTION 16. As .so~n. as repair. s or alterations to existing pi.p.e~. '. · . .or conduits h'ave been' .made, or as Soon as .new.eon.strUCtion work has been .finiShed, notification in-Writing ~'sha!l be given to the Superintendent of Streets and for a period of forty- eight (48) hours after such written notification has been~' received by the Superintendent or Streets the person who has made the excavation must maintain proper barricades and lights and assume full'responsibility for all excavations. After receiving writ.~en notification, as aforesaid, it shall be 'the· duty of the Superintendent of Streets to back fill all trenches ~nd recurface the same. SECTION 1~. The Superintendent of Streets shall make out in duplicate 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 person who has made such excavation. If such.person does not pay .to the Superintendent of Streets the amount of said bill .~·· within thir~y (~0) days, it shall be the duty of the Superintern- dent Of Streets to charge the cost of said work against any ·. and all deposite then in the City Treasury or that may thereafter come into the City Treasury.belonging to'the person required. by this.ordinance to make such deposits. I~~ the work has been done under.and/virtue of a general deposit and said ~epositor iS debtor to the City for work theretofore performed, the depositor shal'l ·thereafter' not be permitted to-make any exc'avaA ..... · tion or ezcavations in streetS, until he shall have deposited the amount required to rest6re said ~eneral deposit to the sum of five·hundred ($800.00) dollars. The balance of any special .d~posit ~ay'be wit~draw~ by the depositor after the Superinten- dent of Streets ha~ delivered to the Auditor the bill for the.· SECTION 18. cost of work chargeable. aga~rnst~· said special dep~:s~'t~~:·' .·!bj. ~r' ·~(~-~ Within fifteen (15) days after .a "deDos!~or'(~a~!~-~)r..'es.~!~'./'~ 'notice in'writing of the cost· of any work ~harg~le a~ins~-'' a. deposit, such depositor may file with the ~ity..Cierk 'a prote~t in writing addressed' to the City Council, stating briefly any. objections he may have to the action of the Superintendent of Streets in making repairs, doing any work under the· ·p~ovisions of this ordinance, or in drawing upon ·any deposit. The Clerk · shall refer such protest to the City Council at its next regular' metting, whereupon the City Council shall fix a time for ~',the hearing of such protest. At such ~eeting, or at any subsequent- meeting to which said hearing shall be'postponed, the City Council hhaI1 proceed to hear'such protest and shall make such~o~Pder in the premises as it shall deem Just'and·equitabl~, and its determination as to whether any work don~ by the Superini' tendent of'Streets was properly chargeable to the depositor, and if so its determination of the amount properly so chargeable shail.be final and conclusive. SECTION 19. Nothing in this ordinance shall be construed to relieve any person,.firm or corporation heroin referred to from liability for accident or damages caused by failure or neglect t o properly gUard, 'light or protect any openings in public. streets or thorought. fares for a period of forty~eight'(48) hours after the SuperiOr.. .......... ~ .. te~den-t -of--.Stre'et.s- shall ~have...-receive& written-notiTicati~on~'.-- ... · .... .' of the complwtion of the work. SECTION 20, A~ything in this ordinance to the contrary notwith- .standing, authority is hereby .granted to the Su~ .r~ii,*'.:'.~].~nden~n.." .. . . , -'.?~ - , .. ~ · . .?... ..... · .~.~. of Streets .to permit any public service corporation tO do the " retrenching and resurfacing. of any excavations made by it, .....·. · provided that such public service~ corporation has complied with the promvisions of this section and at' all times maintai.ne' in the City .~~jTreasury a general deposit or not less than five hundred ($.500~00) dollars as indemnity against any 'damages that it. may cause to the public streets of the City by virtue of any excavations so made by it. Such general deposit must be maintained at said sum of five hundred."~($5OO,OO).doliars for a period of not less than one (1) year'after completion'of all excavations and resurfacing made by such public service corporation,. Before any public service Corporation shall be allowed. by S.aid Superintendent of Streets· to do its own re~ ~renching or resurfacing it shall make and file with the City of Bakersfield a written assurance that it Will refill all trenches to·the satisfaction of the- Superintendent of Streets and will resurface the same to as'good condition as before said.' ~.. excavation was made and with similar materials, and' that the work of refilling and recurfacing said trenches will be commenced within thirty (30) days after the completion of the work in any one block in which said trenches were opened, is ccompleted in each succeeding block. ...... In the event that said public service corporation fails.to commence refilling and resurfacing any trenches .opened, by it within the time herein provided, said public service corporation shall forfeit to the City of Bakersfield the sum of·'five hundred ($800.00~ dollars, the.amaunt herein- ....... ~"~bove-Provided"to 'be depo~itedby' any '~blic"se~ce"bO~o~_.~~' tion as indemnity against any damages th'at may be caused to. public streets by reason of any excavation made by it. Should such public service corporation fail to commence refilling and resurfacing as herein provided, the Superintendent of' Streets may'immediately commence the Work'of ref~llin resurfacing complete the same in the manner provided 'for in" .... this ordinance. " If at' any time within a period'of one (1) year.· the pavement or surface of the streets over said opening 'shall · .5'. become depressed or broken, natural wear of the' surface 'improller work of some other person, firm or corporation excepted, 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 workmanlike manner to the Satisfaction of the' SuPerintendent of StreetS, And in case. said pavement is not Completely restored within thirty (30) days after such notice .!:has been given, 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 corpora- tion twenty-.four (24) hours final notice, and that the cco~t of said work may be deducted from any deposit made by said · person, firm or corporation,.or may be collected by suit, or otherwi.se. SECTION 21. If any public service corporation is permitted by said Superintendent of Streets :-under the provisions of this ·ordi- " nance 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 ~harge against said public serivce corporation and said sumS. shall be'_. · .~' ......................~a~d '~y"'~t to the~"Oi.ty of B~ke~sfield on demand, 'and in default "· of such payment may be deducted from any deposit of sash public : : 'service corporation in the. uity Treasury. -ll, SECTION 22. SECTION 23. No pipes carrying water or gas shal'l .be laid .-les:s than thirty (30)-inch~below the official grade. of any Street, except by permit of the City Council of the ~ity o£ Bakersfield,. Every public service corporation maintaining pipes or conceits in the Streets of the City of Bakersfield, shall file with the Council of the City of Bakersfield during ·the month of January of each year, a maN (blue ~e print on cloth) indicating the size and location of each pipe· or conduit owned andmaintained by such public service corporation in the streets of said City, provided, however, that after said public service'corporation has in the first instance filed such map, it may ~hereafter in lieu of filing. a new map each· year, revise the map on file so as to show '-'.changes and extensions. SECTION 24. SECTION The provisions of sections 9, 10, 11, 12, 13, ·14,'18, .I6, 17, 18~ .19', 20, 21, 22 and 23 Of this ordinance shall not apply.~:o excavations made for main or lateral sewers, either under the provisions efa contract entered into by the Superin- 'tendent of Streets or under the authority of any street improve- ment 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 resu~facing by the contractor. CONSTITUTIONALITY. I£..any section, s.ubsec$ion, sentence, clause or phrase of this Ordinance is for any reason 'held to be uncon- stitutional or invalid, such..decision shall not aff-ect·~-the remaining portion Of this Ordinance. declares that it would have passed this Ordinance and each section and subsection thereof irrespective of the fact that any one or more Of the sections, subsections, sentences, clausas or phrases be declared unconstitutional or invalid. 'The City Council hereby SECTION BREACH OF ORDINANCE. Every breach of this Ordinance or.any Of. its terms, conditions, provisions, requirements, restrictions, or limitations as the aame are herein established, created, dec~n~red, to be and shall be a separate breact thereof. SECTION PENALTY. ANY PERSON, FIRM, COMPANY or CORPORATION, failing ~to perform any act required herein or violatingany of.the provisions of this ordinance shall be deemed guilty of a misdemeanor' and upon conviction thereof shall be puhishable by a fire not to... exceed three hundred ($300..00) dollars or by imprisonment in the County Jail for a period not to exceed ninety (90') days or by ~othsuch fine and imprisonment.' SECTION Ordinances No. 62 New Series, Ordinance No. ~1 New .Series and Ordinance No. ~?$1 New Series and. all ordinances and.parts of ordinances of the .City .of Bakersfteld,..in confXiCt herewith are hereby expressly repaaled. I HEREBY CERTIFY that the foregoing. Ordinance was passed and adopted by the Council of the uity of Bakersf~e!.~"~ on the /~ day of ~/~t~. , 1922, by the following vote:' VED %is "/O , ay of B~el~. Mayor of the ~er s~ield. · Ayes: Carlisle, GrOWth, Hare, Hougham, Nelson, Robinson, Smith. A~s~,~L.....~ ................ ~L~L~L~ ....................................... ~ ........................ Cit~~~,~Clerk 9~ ~t%,e. Council of the City of. 1922.