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HomeMy WebLinkAboutORD NO 337ORDINANCE NO. ~ NEW 'SERIES. AN ORDINANCE REGULATING THE USE OF PUBLIC STREETS, PROVIDING FOR THE LAYING OF PIPES, CONDUITS THEREIN AND I~AKING CONNECTIONS THEH~'.WITH, FOR LAYING SIDE- WALKS, CURBS, SE~I~RS BY PRIVATE CONTRACT, REGULATING TEE LAYING OF LATEL~AL SEWERS, FOR INTRODUCING AND SUPPLYING TO THE CITY OF BAKERSFIELD OR THE INHABIT- ANTS THEREOF, GAS, WATER, TELEPHONE, TELEGRAPH, FIRE ALARM, STEAM, MESSENGER OR OTHER PUBLIC SERVICE, AND REPEALING ORDINANCES NOS. 124 NEW SERIL~ES, EMERGENCY ORDINANCE NO. 333 NEW SERIES, AND ALL OTHER ORDINAN- CES OR PA~TS OF ORDINANCES IN CONFLI.JT HEREWITH. BE IT OHDAINED BY ~E COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. SIDEWALKS, CURBS AND PAVING. Whenever the Council of the City of Bakersfield or Superintendent of Streets shall grant permission to any person, firm, company, or corporstion, to grade, pave, sidewalk, curb, lay sewers or otherwise make any permanent improvements on, under, over or across the streets, alleys, or other public places of this City, by private contract, such person, firm, company or corporation shall immediately after permission shall have been granted apply to the Superintendent of Streets for a permit to do such work, which written permit from said Superintendent of Streets shall be obtained before any of the work sought to be done shall be commenced. Before issuing such permit the Super- intendent of Streets shall require the person, firm, company or corporation applying therefore to deposit in the office of the Superintendent of Streets 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 upon the completion of the proposed work if any portion of the deposit so made shall remain in excess of the fees herein provided, such excess shall, upon the completion of the proposed work, be refunded to the per- son depositing the same, and such portion of said deposit as is required to cover the fees herein provided shall upon the com- pletion of ssid work, be paid by the Superintendent of Streets -1- into the Treasury of the City of Bakersfield at the time and in the manner that he deposits other moneys received by him. SECTION 2. For the purpose of this ordinance it is hereby made the duty of the Superintendent of Street to have and prepare and keep in his office the necessary blanks for such permits, provided f~r herein, and also a book in which a record shall be kept of all permits issued. The City Enginee~ shall keep a copy of the plans snd specifications on file in his office and file a copy of the specifications in the office of the City Clerk. SECTION 3. All work so done by private contract must be under the supervision and direction of the Superintendent of Streets or an inspector appointed by him, and in all 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 ~ity of Bakers field. No insoectio~ will be made un- less twenty-four (24) hours, notice has been given by the City Engirs er that an inspection is desired. The minimum fee for any inspection under the provisions of this ordinance shall be one ($1.oo) dollar. SECTION 4. The' person, firm, company or corporation, or contrac- tor doing such work for which such permit shall have been granted shall not collect from the property ovanets, his agent or assigns, any compensations for any part or portion of said work so done until all of 'the incidental expenses for surveying, inspection, etc., have been paid, nor shall such compensations be collected until the Superintendent of Streets of the C~ty 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 satisfactio.~. of the City of Bakers field throu..gh.' its Street Superintendent. SECTION 5. LATERAL SEWERS The City of Bakersfield, its duly authorized agents, servants anl employes shall have the exclusive right to make connections with the public sewers in the streets and alleys of said City of Bakers field between the curb lines and to lay laterals therefrom through the streets and alleys of said City to the curb line. SECTION 8. Any person who shall require the construction of a house connecting sewer between the street sewer and the curb line shall make written spplication therefor at the office of the Superintendent of Streets of the City of Bakersfield at least ten (lO) days before the connection is ree;uired, ~nd shall deposit v~ith said Superintendent of Streets the fee for such sewer, as hereinafter established. The Superintendent of Streets shall thereupo,~ cause such connecting sewer lateral to be con- structed from the street sewer to the curb line by workmen em- ployed in his department in accordance with the ordinance, rules and regulations prescribed therefor. SECTION V. The following fees are hereby fixed and established for the construction by the City of Bakers field of lateral sewers between street sewers and curb lines: For sewers not in excess of three feet in depth, the sum of seventy-five (.75) cents per lineal foot; for each foot or fraction of a foot 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 on streets improved with macadam, asohaltic concrete, ce~,ent concrete, or other hard surface pavement. · .~I: .:.. SECTION 9. At the time of making the application as provided by Section 6 of this ordinance, the applicant shall deposit in the office of the Superintendent of Streets one dollar and seventy cents ($1.V0) per line sol foot for each and every foot covered by such applica- tion 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 twenty cents (~2.20) per lineal foot for each and every foot covered by such applica- tion where the proposed connection is to be made on a street paved with macadam, aspbaltic concrete, ce~nent concrete, or other hard surfaced pavement; provided, however, where sewers are in excess of six feet in depth, the deposit shall be fifty (.80) cents per foot additional for every foot of depth in excess of six feet, and said deposit so made shall be retained by said Superintendent of Streets, and upon the completion of proposed work if any portion of the deposit so made shall remain in excess shall, upon the completion of the proposed work, be refunded to the person depositing the same, and such portion of said deposit as is required to cover the fees herein provided shall, upon the completion of said work, be paid by the Superintendent of Streets into the Treasury of the City of Bakersfield, .~t the time and in the manner that he deposits other moneys received by him. SECTION 8. 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 street sewer and the curb line in the Cit?- of Bakers field. USE OF PUBLIC STREETS FOR LAYING DOWN PIPES AND CONDUITS THEREIN fuND L~KING CONNECTIONS T}3EREWITH. It shall be unlawful for any person, firm or corpora- tion to lay down pipes or conduits 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. direct.~on of the Superintendent of Streets of the City of -4- Bakers field and in accordance with the rules and regulations adopted bY the City Council. SECTION lO. It shall be unlawful for any person, firm or corporation above referred to, to open any public street, or thoroughfare of the City of Bakers field until he, or it, shall have deposited with the Superintendent of Streets a sum equal to one ($1.00) dollar per s~ua~e 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, oiled macadam, or other hard surface having substance of permanent character; a sum equal to f~.fty (.50) cents per square foot of surface of said excavation or excavations, to be made in such streets or thoroughfares, or other public places which are oiled and screened or unimproved, provided further that any per- son, firm or corporation intending to make excavations in public streets, thoroughfares or other public places may make and main- tain a general deposit with the City of Bakersfield in the sum of five hundred (i~500.00) dollars, such person, firm or corporation shall not be required to make the special deposit hereinbefore provided for, provided, however, that should the special deposit above provided for exceed five hundred ($500.00) dollars, that a surety bond may be tendered in lieu of a cash bond to cover the mount in excess of five hundred ($500.00) dollars, and uOon the tendering of said bond the Superinte'adent of Streets of the City of Bakersfield is hereby authorized to accept the ss~_e in lieu of the additional cash bond, or in his discretion to refuse the same and require a cash bond for the full amount. SECTION ll. Whenever any person, firm or corporation desires to open trenches in the public streets or thoroughfares for the purpose of placing therein main or lateral pipes or conduits, other than lateral sewers, such person, firm or corNoration -5- 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 in said streets or thoroughfares, except in case of accident or emer- gency, in which case written notice shall be given witbin twenty- four (24) hours after sny 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 12. Notification of the correct location of any opening made for the purpose of what is termed Drospecting shall be given the Superintendent of Streets at all times, except when. such opening becomes a part of the main trench, within twenty- four (24) hours, approximately, after opening. SECTION In the application for a permit to open trenches in streets for service pipe~ and repairs, the location shall 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. SECTION 14. -A written notificat ion 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 begun. SECTION 15. No trench shall be opened in any graded street or thorough£are 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 trench leaving cle~a.r an area of at least one (1) foot on each side thereof. The surface material shall be piled on one side of the trench and the sub-soil on the othe~ side of the trench. If a crossing street intersects the excava- tion, a driveway shall at all times be maintained. SECTION 18. As soon as repairs or alterations to existing pipes or conduits have been made, or as soon as new construction work has been finished, notification in writing shall be given to the Superintendent of Streets and for a per~.od of forty-eighty (48) hours after such written notification has been received by the Superintendent of Streets the person who has made the excavation must ma~.ntain proper barricades and lights and assume full responsibility for all excavations. After receiving written notification, as sforesaid, it shall be the duty of the Superintendent of Streets to back fill all trenches and recurface the same. SECTION 1V. 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 thirty (30) days, it shall be the duty of the Superin- tendent of Streets to charge the cost of said work against any and all depos~ ts then in the City Treasury or that may there- after come into the City Treasury belonging to the person re- quired by this 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 theretofore performed, the depositor shall thereafter not be permitted to make any ex- cavation or excavations in streets until he shall have deposited the amount required to restore said general deposit to the sum ~! five hundred ($500.00) dollars. The balance of any special deposit may be withdrawn by the depositor after the Superintendent of Streets has delivered to the Auditor the bill for the cost of work chargeable against said special deposit. SECTION 18. Within fifteen (15) days after a depositor has-received notice in writing of the cost of any work chargeaSle against a deposit, such depositor may file with th~ City Clerk a protest 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 provisions of this ordinance, or in drawing upon any deposit. The Clerk shall refer such protest to the City Council at its next regular meeting, whereupon the City Council shall fix a time for the hearing of such protest. At such meeting, or at any subsequent meeting to which said hearing shall be postponed, the City Council shall proceed to hear such protest and shall make such order in the premises as it shall deem Just and equitable, and its determination as to whether any work done by the Super- intendent of Streets was properly chs. rgeable to the depositor, and if so its determination of the amount properly so chargeable shall be final and conclusive. SECTION 19. Nothing in this ordinance shall be construed to re- lieve any person, firm or corporation herein referred to from liability for accident or d~mages caused by failure or neglect to properly guard, light or protect any openings in public streets or thoroughfares for a period of forty-eight (48) hours after the Superintendent of Streets shall have received Written notification of the completion of the work. SECt-ION 20. Anything in this ordinance to the contrary notwith- standing, authority is hereby granted to the Superintendent of Streets to permit any public service corporation to do the retrenching and resurfacing of any excavation made by it, pro- -8- vided that such public service corporation has complied with the provisions. of this ordinance and at all times maintains in the City Treasury a general deposit of not less than hundred ($800.00) dollars, and in addition thereto such further cash deposit or bond required by this ordinance as indemnity against any damages ths. t 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 ($500.00) and such further cash deposit or surety bond as may be required by this ordinance, for a period of not less than three (3) years after completion of all excavations and recurfacing made by such public service corporation. Before any public service corporation shall be allowed by said Superintendent of Streets to do its own retrenching or recurfacing it shall make and file with the City of Bakers field a written assurance that it will refill all trenches to the satisfaction of the Super- intendent of Streets and will resurface the same to as good con- dition as before said excavation was made and with similar materials and that the work of refilling and resurfacing said trenches will be con~enced within thirty (30) days after the completion of the work in any one block in which said trenches were opened, and prosecute said work diligently to completion. In the event that said public service corporation fails to commence refilling and resurfacing of any trench opened by it, within the time here in provided, said pubRic service corporation shall forfeit to the City of Bakersfield the cash deoosited by any public service corporation as indemnity against any damages that may be caused to the public streets by reason of any excavation made by it, and should t~ere be an additional surety bond that the said corporation and the said bondsmen shall be liable for the excess damsge to the amount of said bond. Should such public service corporation fail to cormhence refil_l. ing and resurfacing as herein provided, the Superintendent of Streets may immedistely commence the work of refilling and resurfacing and complete the same in the manner provided for in this ordinance. If at any ti~.e within a period of one (1) year the pavement or surface of the streets over said opening shall become depressed or broken, natural wear of the surface of improper work of some other person, firm or corporation excepted, the person, firm or corporation for whom the street was opened will upon written notice from the ~uperintendent of Streets immediately proceed to repair and restore said pavement in a proper and workmanlike manner to the satisfaction of the Super- intendent of Streets. And in case said pavement is not complete- ly 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 corporation twenty-four hours final notice, and that the cost of said work may be deducted from any deposit made by said person, firm or corporation, or may be collected by suit, or otherwise. SECTION 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 public service corporation and said sums shall be paid by it to the City of Bakersfield on demand, and in default of such payment may be de- ducted from any deposit of such public service corporation in the City Treasury. SECTION 22. '-No pipes carryihg water or gas shall be laid less than thirty (30) inches below the official grade of any street, except by permit of the City Council of the City of Bakersfield. SECTION 23. Every public service corporation maintaining pipes -lO- '. "'~-¥,. .- or conduits 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 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, provided, however, that after said public service corporation has in the first instance filed such map, it may thereafter in lieu of filing a new map each year, revise the map on file so as to show changes and extensions. SECTION The provisions of Sections 9, 10, ll, 12, 13, 14, 15, 16, 1V, 18, 19, 20, 21, 22 and ~3 of this ordinance shall not apply to excavations made for main or lateral sewers, either under the provisions of a contract entered into by the Super- intendent 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. SECTION 25. CONSTITUTIONALITY. If any section, subsection, Sentence, clause or phrase of this Ordinance is for any reaso~ held to be unconstitu- tional or invalid, such decision shall not affect the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section and subsec- tion thereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared uncon ~itutional or invalid. SECTION 26. BREACH OF ORDINANCE. · Every breach of this Ordinance or any of its terms, conditions, provisions, requirements, restrictions, or limita- tions as the same are here in established, shaI~ be a separate -ll- breach thereof. SECTION 2V. PENALTY Any person, firm, company or corporation, failing to perform any act required herein or violating any of the provi- sions of this ordinance 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 County Jail for a period not to exceed ninety (90) days or by both such fine and imprisonment. SECTION 28. Ordinance No. 124 New Series, and Emergency Ordinance No. 333 New Series, and all ordinances and parts of ordinances of the City of Bakersfield in conflict herewith are hereby ex- pressly repealed. ..... o0o ..... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield on the ~3~ day of ~, 19~, by the following vote: Axes: Be, se~ Carle~ Cer~e~, Hea~m. ]ok~sm~ Ma, h% W~l~ra Z~oes: ......~ ............................................. A~.: ...........~ ................................................................................................ ~~~o Clerk of the Council of the City of Bakersfield. ,,2 '"4'aay of 19 M _.~O~Vo~ y of eld.