HomeMy WebLinkAboutORD NO 2946ORDINANCE NO. 2946 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD
ADDING CHAPTER 10.60 TO THE BAKERSFIELD MUNICIPAL
CODE RELATING TO INTERSTATE TRUCKS.
BE IT
as follows:
ORDAINED by the Council
Chapter 10.60
Code to read as follows:
SECTION 1.
is hereby added
of the City of Bakersfield
to the Bakersfield Municipal
Chapter 10.60
INTERSTATE TRUCKS
Sections:
10 60.010
10 60.020
10 60.030
10 60.040
10 60.050
10 60.060
10 60.070
Definitions.
Purpose.
Application.
Fees and costs.
Retrofitting.
Revocation of route.
Appeal process.
10.60.010 Definitions.
The following words and phrases shall have the meanings
set forth, and if any word or phrase used in this chapter is not
defined in this section, it shall have the meanings set forth in
the California Vehicle Code; provided that if any such word or
phrase is not defined in the vehicle code, it shall have the meaning
attributed to it in ordinary usage.
A. "Terminal" means any facility at which freight is
consolidated to be shipped or where full-load consignments may be
loaded and off-loaded or at which the vehicles are regularly maintained,
stored or manufactured.
B. "Interstate truck" means a truck tractor and semi-
trailer or truck tractor, semi-trailer and trailer with unlimited
length as regulated by the vehicle code.
C. "Traffic Authority" means that person or persons as
specified in Section 10.08.020 E. of this title.
D. "Caltrans" means the State of California Department
of Transportation or its successor agency.
10.60.020 Purpose.
The purpose of this chapter is to establish procedures
for terminal designation and truck route designation to terminals
for interstate trucks operating on the federally designated highway
system and to promote the general health,
public.
10.60.030
A.
safety and welfare of the
Application.
Any interested person requiring terminal access for
interstate trucks from the federally designated highway system
shall submit an application, on a form to be provided by the City,
together with such information as may be required by the Traffic
Authority, and required fees to the City.
B. Upon receipt of the application, the Traffic Authority
shall cause an investigation to be made to ascertain whether or not
the proposed terminal facility meets the requirements for an interstate
truck terminal. Upon his approval of that designation, he will
then determine the capability of
routes, whether requested or not.
will include, without limitation,
the route requested and alternate
Determination of route capability
a review of adequate turning
radii and lane widths of ramps, intersections and highways and
general traffic conditions such as sight distance, speed and traffic
volumes and congestion. No access off the federally designated
highway system shall be approved without the approval of Caltrans.
C. Should the requested route pass through the City to
a terminal located in another jurisdiction, the applicant shall
comply with that jurisdiction's application process. Coordination
of the approval of the route through the City shall be the responsibility
of the entity which controls the terminal's land use. Costs for
trailblazer signs shall be as provided in Section 10.60.040 B.
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10.60.040 Fees and costs.
A. The applicant shall pay a nonrefundable application
fee, as established by the City by resolution, sufficient to pay
the cost of the review of the terminal designation and the review
of the route and alternate routes.
B. Upon the approval of the terminal designation and
route by the City and by Caltrans, the applicant shall deposit with
the City sufficient funds as estimated by the Traffic Authority to
pay for the purchase and installation of terminal trailblazer
signs. Trailblazer signs shall be required at every decision point
in the City on route to the terminal. Upon completion of the
installation of the signs, the actual cost shall be computed and
any difference between the actual and the estimated cost shall be
billed or refunded to the applicant, whichever the case may be. No
terminal or route may be used until such signs as may be required
are in place. Costs for trailblazer signs may be proportioned in
accordance with the procedures in Section 10.60.050 C.
10.60.050 Retrofitting.
A. If all feasible routes to a requested terminal are
found unsatisfactory by the Traffic Authority, the applicant may
request retrofitting to mitigate or eliminate the deficiencies.
All costs of engineering, construction and inspection shall be the
responsibility by the applicant. Except when such retrofitting is
within the jurisdiction of Caltrans, the actual construction will
be done by the City or by a contractor acceptable to it.
B. When the work is to be done by the City, the applicant
shall deposit with the City of Bakersfield the estimated cost of
retrofitting. Adjustments between the estimated and actual cost
shall be made after completion of the work and any difference
between the actual and the estimated cost shall be billed or refunded
to the applicant, as the case may be. When the work is done by the
applicant, the applicant shall file with the Traffic Authority, on
a form satisfactory to the Traffic Authority, a statement detailing
the actual costs of the retrofitting.
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C. If at any time within five (5) years from the date
of completion of the retrofitting by or paid for by the applicant,
should any applicant seek terminal approval which would use the
route upon which such retrofitting was accomplished, any such
applicant's fee may include that applicant's proportionate share of
the retrofitting, as determined by the Traffic Authority, which fee
shall be disbursed by the City to the applicant who paid for the
retrofitting as well as to any applicant who contributed to the
cost of retrofitting under this subsection. Nothing herein shall
require the payment of a proportionate fee if the applicant doing
the work failed to file the report with the Traffic Authority
required by subsection B. above.
10.60.060 Revocation of route.
The Traffic Authority may revoke any approved terminal or
route if the terminal or route becomes a traffic hazard for vehicular
or pedestrian traffic. A safety hazard includes the inability of
interstate trucks to negotiate the route or said vehicles causing
unsafe operating conditions for other vehicular or pedestrian
traffic.
10.60.070
A.
Appeal process.
If the Traffic Authority denies terminal designation,
route feasibility or revokes a previously approved terminal or
route, the applicant/terminal owner, within ten (10) days following
the date of receipt of the decision of the Traffic Authority,
may appeal said decision to the City Council in writing. An appeal
shall be made on a form prescribed by the Department of Public
Works and shall be filed with the City Clerk. The appeal shall
state specifically wherein there was an error or abuse of discretion
by the Traffic Authority or wherein its decision is not supported
by the evidence in the record. Within five (5) days of the filing
of an appeal, the Traffic Authority shall transmit to the City
Clerk the terminal application, the sketches of the revoked route
and all other data filed therewith, the report of the Traffic
Authority, the findings of the Traffic Authority and its decision
on the application.
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B. The City Clerk shall make copies of the data provided
by the Traffic Authority available to the applicant and to the
appellant (if the applicant is not the appellant) for inspection
and may give notice to any other interested party who requested
notice of the time when the appeal will be considered by the City
Council.
C. If Caltrans and not the Traffic Authority denies or
revokes terminal access from federally designated highways, no
appeal may be made to the City Council, but must be made to Caltrans
as may be permitted by Caltrans.
SECTION 2.
This Ordinance shall. be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 25%h day of November , 1984, by
the following vote:
AYES: COUNCILMEN: BARTON, CHILDS CNR STENSEN, D CKER~ON MOOR,~ RATTY, ROCKOFF
NOES: COUNCILMEN: ~
ABSENT: COUNCIl. MEN: ~
CI~ CI~ERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ~is 28%h day of November
, 1984
APPROVED as to form:
CITY ATTOrneY of the City of Bakersfield
AJS:mro
10-02-84 -6-
Affidavit of Ilosltng (Oriltnanres
STATE OF CALIFORNIAl ss.
County of Kern I
MARGUERITE ANDERSON, Being duly sworn, desposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on December 3 , 19~/4 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on November 2~5 , 19824 , which ordinance
was numbered 2946 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD ADDING CHAPTER 10.60 TO THE
BAKERSFIELD MNNICIPAL CODE RELATING TO
INTERSTATE TRNCKS.
City Clerk
Subscribed and sworn to before me this _,~ 0~~
3rd da' of December 19 824