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HomeMy WebLinkAboutORD NO 333EMERGENCY ORDINANCE N0, ~3.. NEW SER~E8~ ~.~' AN ORDINANCE AMENDING SECTIONS THREE, SEVEN, TEN AND TWENTY OF ORDINANCE NO'. '124 NEW SERIES OF THE CITY OF BAKERSFIELD, WHICH" PROVIDE FOR THE PUBLIC PEACE, PROPERTY AND SAFETY, AND FOR THE DAILY OPERATION OF A MUNICIPAL DEPARTMENT. WHEREAS, it is necessary to provide for the public peace, property and safety, and for the daily operation of a municipal department; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. That Sections 3, V, 10 and 20 of Ordinance No. 124 New Series. of the City of Bakersfield, entitled "AN ORDINANCE REGULATING THE USE OF PUBLIC STREETS, PROVIDING FOR THE LAYING OF PIPES, CONDUITS THEREIN AND MAKING CONNECTIONS THEREWITH, FOR LAYING SIDEWALKS, CURBS, SEWERS BY PRIVATE CONTRACT, REGULATING THE LAYING OF LATERAL SEWERS, FOR INTRODUCING AND SUPPLYING TO THE CITY OF BAKERSFIELD OR THE INHABITANTS THEREOF,. GAS, WATER, TELEPHONE, TELEGRAPH, FIRE ALARM, STEAM, MESSENGER OR OTHER PUBLIC SERVICE, AND REPEALING ORDINANCES NOS. 52 NEW SERIES, 81 NEW SERIES, and 91 NEW SERIES OF THE CITY OF BAKERSFIELD, CALIFORNIA," be and the same are hereby mended to read as follows: 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 ~he office of the City Engineer and specifications on file in the office of the City Clerk of the City of Bakersfield. No inspection will be made unless twenty-four (24) hours~ notice has been given by the City Engineer that an inspection is desired. The minimum fee for any inspection under the provisions of this ordinance shall be one ($1.00) dollar. The following fees are hereby fixed and established for the construction by the City of Bakers field of lateral sewers be- tween street sewers and curb lines: For sewers not in excess of three feet in depth, the mum of seventy-five (.VS) cents per lineal foot; for each foot or frac- tion of a foot in depth in excess of three feet, fifteen (.15) cents per lineal foot together with twenty-five (.26) 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, asphaltic concrete, cement concrete, or other hard surface pavement. At the time of making the application as provided by Section 8 of this ordinance, the applicant shall deposit in the office of the Superintendent of Streets one dollar and seventy cents (~i.70) 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 twenty cents ($2.20) per lineal foot for each and every foot covered by such application where the proposed connection is to be made on a street paved with macadam, asphaltic concrete, cement concrete, or other hard 'surfaced pavement; provided, however, where sewers are in excess of six feet in depth, the deposit shall be fifty (.50) 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 propc sed 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, at the time and in the manner that he deposits other moneys received by him. .. . ~ It shall be unlawful for. any person, -... above referred to, to open any public street, or thoroughfare of the City of Bakersfield until he, or it, shall have deposited with the Superintendent of Streets a sum equal. to one ($1.00) dollar per square foot of surface of said excavation or excavations, to be made i~. 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 fifty (.50) 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 oiled and screened or un- improved provided that no deposit shall be less than twenty ($20.00) dollars, and provided further that any person, firm or corporation intending to make excavations in public streets, thoroughfares or other public places may make and maintain a general deposit with the City of Bakersfield in the sum of five hundred ($500.00) dollars, in United States gold coin, for the purpose hereinafter indicated, and while such general deposit is maintained at the sum of five hundred ($500.00) dollars, such person, firm or corporation shall not be required to make the special deposit hereinbefore provided for, provided, however, that said five hundred ($500.00) shall at all times be greater than the special deposit provided by this section, but shall be required to obtain a permit as heroinafter provided. The Superintendent of Streets on receiving such general or special deposit, as heroin required, shall open an account for the same in the manner and form prescribed by the City Auditor. SECTION 20. Anything in this ordinance to the contrary notwithstanding, authority is hereby granted to the Superintendent of Streets to permit any public service corporation to do the retrenching and re- surfacing of any excavation made by it, provided that such public service corporation has complied with the provisions of this section and at all times maintains in the City Treasury a general deposit of not less than five hundred ($500.00) dollars as indemnity against -3- any d~mages 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 ($500.00) dollars for a period of not less than three (3) years after completion of all ex- cavations and resurfacing 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 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 resurfacing said trenches will be commenced within thirty (30) days after the com- pletion of the work in any one block in which said trenches were opened, is completed in each succeeding block. In the event that said public service corporation fails to commence refilling and resurfacing any trenches opened by it within ~he time herein provided, said public service corporation shall forfeit to the City of Bakersfield the sum of five hundred ($500.00) dollars, the amount heroinabove provided to be deposited by any public service corporation as indemnity against any damages that 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 refilling and re- surfacing' and complete the same in the manner provided for in this ordinance. If at any time within a period of three (3) years the pavement or surface of the streets over said 'opening shall become depressed or broken, natural wear of the surface or improper work of some other person, firm or corporation excepted, the person, fi~;m or corporation for whom the street was opened will upon written notice from the Superintendent of Streets immediately proceed to repa~.r~=....and -4- · restore said pavement in a proper and workmanlike manner to th~;:-i~.'~:'''' 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 corpora- tion after giving the said person, firm or corporation twenty-four (24) hours final notice, and that the cost of said work may be de- ducted from any deposit made by said person, firm or corporation, or may be collected by suit, or otherwise. SECTION 2. This ordinance is designated to provide for the public peace, property and safety, and for the daily operation of a municipal department, and is hereby declared to be an emergency measure and shall be in full force and effect immediately upon its passage. m .... OOOm .... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, on the ~ day of n~.to~o~, 1929, by the following vote: Ayes: P~..~v~. Carlock, Corbett, Headen, Johnson, Martin, Waiters o Clerk of the Council of the City of Bakersfield. bf akersfield.