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Home My WebLink About1431`04 ORDINANCE No. 143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING CHAPTER 2 OF ARTICLE 6 OF THE IRWINDALE MUNICIPAL CODE RELATING TO EXCAVATIONS THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN: SECTION 1: The following sections as so designated are hereby adopted in place and stead of the existing sections as so listed in the Irwindale Municipal Code: A. That the first paragraph of Section 7201 of the Irwindale Municipal Code is hereby deleted and the following adopted in its place: "7201. Permit. No person shall make or cause to be made by excavation, fill, or obstruction of, or lay, construct or repair any curb, sidewalk, gutter, driveway, roadway, retaining wall, storm drain or culvert, highway light, highway lighting system, or public utility system, in, over, along, across, or through any street or public rights of way without first obtaining a permit from the City Engineer so to do." B. That the first paragraph of Section 7202 of the Irwindale Municipal Code is hereby amended to read as follows: "7202. Application. The application for a permit for the making of excavations, fills, or obstructions in any highway, or public rights of way shall state in detail:" C. Section 7203 of the Irwindale Municipal Code is hereby amended to read as follows: "7203. Same. When excavations are made for service connections or for the location of trouble in conduits or pipes, or for making repairs thereto, the City Engineer may waive the filing of a plat. Otherwise, each applicant for an excavation permit shall file with the application of a plat in quadruplicate showing the highways or public rights of way in which the proposed excavation will be made, together with the exact locations and dimensions of the proposed excavations, and any other details which the City Engineer requires." 105 D. Section 7204 of the Irwindale Municipal Code is hereby amended to read as follows: "7204. Same. Each applicant for a permit shall file with the City Engineer proof of the applicant's right to use the highways or public rights of way for the purposes set forth in the application." E. Section 7205 of the Irwindale Municipal Code is hereby amended to read as follows: "7205. Same. Every application shall contain a statement, signed by the applicant, that if any pole, tank, pipe, conduit, duct, or tunnel placed in the excavation or obstruction for which a permit is issued, interferes with the future use of the highway or public rights of way by the general public, then the applicant and his successors or assigns will, at his own expense, remove such pole, tank, pipe, conduit, duct, or tunnel, or relocate at a location designated by the City Engineer." F. Section 7206 of the Irwindale Municipal Code is hereby amended to read as follows: "7206. Changes in Application. The City Engineer may make such changes in the application as to location, dimensions, character and number of the proposed excavations or obstructions as in his opinion are necessary for the protection of the high- ways or public rights of way within which it is proposed that the work is performed or for the prevention of undue interference with traffic or the safety of persons using such highways or public rights of ways." G. Section 7207 of the Irwindale Municipal Code is hereby amended to read as follows: "7207. Fees. Except in the case of construction under contract with the City where a faithful performance bond is posted which guarantee to the City the repair of the public rights of way, including construction financed in whole or in part by special assessments, each applicant for a permit, in addition to payment of the issuance fee, shall deposit with the City Engineer a sun of money in no event less than Ten Dollars ($10.00) which is twice the estimated cost to the nearest Five Dollars 106 ($5.00) of repairing the surface of the highway or public rights of way which may be damaged or destroyed by the proposed excavation or obstruction." In the case of applicants defined as Public Utilities by the Public Utility Commission of the State of California, no deposit or security shall be required unless the City Engineer shall make a written demand for deposit or security by subject applicant . H. Section 7211 of the Irwindale Municipal Code is hereby amended to read as follows: "7211. Same. Increase. If, in the opinion of the City Engineer, any special, general deposit, or any undertaking is not sufficient for the proper protection of the public interest in the highways or public rights of way in which it is proposed to excavate or on which it is proposed to place obstructions, the City Engineer may require an additional deposit, or that the amount of the undertaking be increased to such an amount as he determined will be sufficient to protect such public interest." I. Section 7212(c) of the Irwindale Municipal Code is hereby amended to read as follows: "7212.(c) The cost to the City calculated pursuant to the provisions of Section 7207 of resurfacing the highway or public rights of way; and" J. Section 7220 of the Irwindale Municipal Code is hereby amended to read as follows: "Section 7220. Violation of Permit. No permitee shall make or cause to be made any excavation, or construct, put upon, maintain, or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway or public rights of way or install or maintain or cause to be installed or maintained any pole, tank, pipe, conduit, duct, or tunnel in or upon, or under the surface of any highway, at any location other than that described in the application, as amended, if amended, by the City Engineer, and shown in the plat filed with such application, or in any way contrary to the terms of the permit." K. Section 7223 of the Irwindale Municipal Code is hereby amended to read as follows: 107 "Section 7223. Same. If any permittee fails or refuses to refill any excavation which he has made, or remove any obstruction which he has placed in any highway or public rights of way, the City Engineer may so do and charge the cost thereof to the permittee. L. Section 7226 of the Irwindale Municipal Code is hereby amended to read as follows: 1#7226. Same. If, after the refilling of an excavation, the permittee fails or refuses to resurface that portion of the surface of the highway or public rights of way damaged by him, or if the City Engineer elects to do such resurfacing, the City Engineer may do such resurfacing. The cost of such resurfacing shall be charged against the permittee, except in those instances where the permittee's excavation is within an area of pavement to be immediately reconstructed by the City, and the resurfacing of the excavation is an integral part of the general City improvement. The cost shall be computed as provided in Section 7207." M. Section 7228 of the Irwindale Municipal Code is hereby amended to read as follows: "7228. Emergency Excavation. Nothing in this chapter prohibits any person from maintaining by virtue of any law, ordinance or permit, any pole, pipe, or conduit in or on any highway or public rights of way, or from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the City are closed, if the person making such excavation obtains a permit therefor within one (1) day after the offices of the City Engineer are first opened subsequent to the making of such excavation." N. Section 7229 of the Irwindale Municipal Code is hereby amended to read as follows: "7229. Use of Public Rights of Way. Every permit for an excavation in or under the surface of any highway or public rights of way shall be granted subject to the rights of the City or of any other person entitled thereto, to use that part of such 1,08 highway or public right of way for any purpose for which such highway or public right of way iday lawfully be used." SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall attest to same, and the same shall be posted immediately thereafter in three (3) public places within the City Limits of the City of Irwindale, as prescribed by lap. Adopted ATTEST 4th day of STATE OF CALIFORNLA COUNTY OF LOS ANGELES CITY OF IRWINDI as. I, LEE YOUNG, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 143 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 20th day of April, 1964. That, there- after, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 4th day of May, 1964, by the following vote, to wit: AYES: Councilmen, Breceda, NOES: Councilmen, None. ABSENT: Councilmen, Miranda. STATE OF CALIFORNIA COUNTY OF LOS ANGELES as. CITY OF IRWINDALE Martinez, Sulzer and Mayor Diaz. tity e C�typt�— Irwindale, C41forniau LEE B. YOUNG, being first duly sworn, deposes and says: That she is the duly appointed,acting City Clerk of the City -of Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On May 5, 1964, she securely and conspicuously posted at each of the public places in said city, to -wit: 1. 16034 Calle de Norte; 2. Post Office on Irwindale Avenue; and 3. At or near the door of the Council Chambers, 5050 North Irwindale Avenue, a copy of Ordinance No. 143 of the City of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: May 5, 1964. City Clerk-