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
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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.
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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
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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
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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-
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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
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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
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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.
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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.