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Ordinance No. 60-AORDINANCE NO. 60-A AN ORDINANCE OF THE, CITY OF CYPRESS REQUIRING PERMITS FOR THE EXCAVATION, FILLING AND OBSTRUCTION OF PUBLIC HIGHWAYS, PRESCRIBING THE PROCEDURE FOR THE APPLICATION AND ISSUANCE OF PERMITS, IMPOSING PENALTIES FOR VIOLA- TIONS, AND REPEALING ORDINANCE NO. 60 OF THE CITY OF CYPRESS ENTITLED "AN ORDINANCE OF THE CITY OF CYPRESS REQUIRING PERMITS FOR THE EXCAVATION, FILLING AND OBSTRUC- TION OF PUBLIC HIGHWAYS, PRESCRIBING THE PROCEDURE FOR THE APPLICATION AND ISSUANCE OF PERMITS, AND IMPOSING PENALTIES FOR VIOLATIONS ". THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS Section 1. DEFINITIONS. Unless the provisions or context of this Ordinance other- wise require, (a) "City" means the City of Cypress, County of Orange, California, (b) "City Engineer" and 'Engineer" mean the City Engineer of the City of Cypress; or, if there is a contract between the City and the County for the purpose of administering this ord- inance, it shall mean the Orange County Road Commissioner. (c) "Highway" means any public highway, public street, public way or public place in the City of Cypress, either owned by the City or dedicated to the public for purpose of travel, (d) 'Person" includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, busi- ness trust, this state, any county including this county, and all departments and bureaus thereof, municipality, district or other political subdivisions thereof, or any other group or com- bination acting as a unit, (e) The singular number includes the plural and the plural the singular, (f) "Public agency" means and includes the United States or any department or agency thereof, the State of California, or Ordinance No 60-A 1. ** r ! r' :l►ti`104:. w *ems. tAx .. '* 4:%- ti's'Os7".' 0 .. i('\e-.• .j{:101 `Xl"!.. i 4L^'4:.R.: ,!..$ ani 'r'•tF •-4 • *Apr any department or agency thereof, county, municipal corpor- ation or public district. Section 2. EXCAVATIONS, FILLS, OBSTRUCTIONS UPON OR INJURY TO HIGHWAY WITHOUT PERMIT PROHIBITED A person who digs up, plows up, removes or breaks the earth, soil, stone, pavement or other surface of, or otherwise injures any highway or makes or causes to be made any excava- tion, or constructs, places upon, maintains, or leaves any material or any obstruction or impediment to travel in or upon a highway, or installs or maintains or causes to be installed or maintained any tank, pipes, conduit, duct, tunnel , or any other installation of any nature across, upon, in or under any highway, unless he shall have first obtained a permit hereunder so to do, shall be guilty of a misdemeanor. Section 3. APPLICATION FOR PERMITS Applications for permits required by this Ordinance shall be filed with the City Clerk, or City Engineer, or Orange County Road Department, if there is a contract for such services between the City and County, upon printed forms to be prescribed by the City Engineer and supplied by the City Clerk. The appli- cation shall be signed by the applicant and shall state (a) The name and address of the applicant, (b) The location, purpose, extent and nature of the proposed excavation, fill or obstruction, (c) The time during which it is estimated that the excav- ation, fill or obstruction will exist, (d) That the applicant agrees to indemnify, defend and save the City, its authorized agents, officers, representatives and employees,harmless from and against any and all penalties, liabilities or annoyances orloss resulting from claims or court Ordinance No. 60-A 2 action and arising out of any accident, loss or damage to per- sons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application, (e) That the applicant agrees that if any tank, pipe, con- duit, duct, tunnel or other installation of any nature or kind placed in the excavation, fill or obstruction for which the permit is issued which shall at any time in the future interfere with the use, repair, improvement, widening or change of grade of the highway, the applicant, or his successors or assigns, within twenty (20) days after the receipt of a written notice from the City Engineer to do so, will at his own expense either remove such tank, pipe, conduit, duct, tunnel or other install- ation, or, subject to the approval of the City Engineer, relocate them to a site which may be designated by the City Engineer; (f) Any additional information which the City Engineer may deem necessary for the proper disposition of the application Section 5. PLAT MUST BE FILED The application shall be accompanied by a plat showing the location, dimension, nature of the proposed excavation, obstruc- tion, or fill, and any other detail which the City Engineer may require. Section 6. PROOF OF RIGHT TO USE HIGHWAY Each applicant for a permit shall submit to the City Engin- eer satisfactory proof of the applicant's right to use the high- way for the purpose set forth in the application Section 7. MODIFICATION OF APPLICATION MAY BE REQUIRED The City Engineer may require such changes in the applica- Ordinance No. 60-A 3. tion respecting the location, dimensions, character or number of the proposed excavations, fills or obstructions as in his opin- ion may be necessary for the protection of the highway, the preven- tion of undue interference with traffic, or to assure the safety of persons using the highway. Section 8, THE CITY ENGINEER MAY ELECT TO DO THE RESURFACING The City Engineer may, either at the time of the issuance of the permit or at any time thereafter, elect to do the resur- facing or repair of any highway surface removed or damaged by the proposed excavation or obstruction pursuant to a permit hereunder. Section 9. ISSUANCE FEE Each application for a permit shall be accompanied by an issuance fee of One Dollar ($1.00) , no part of which shall be returned to the applicant regardless of the action taken on the application. Section 10. SPECIAL DEPOSIT OF COSTS REQUIRED - COMPUTATION THEREOF If the City Engineer has authorized the applicant to perform the resurfacing or repair of the surface of any highway which may be ren owed in part or damaged by the proposed excavation, fill or obstruction, each applicant shall, in addition to the issuance fee, deposit with the City Engineer or City Clerk the estimated cost of resurfacing or repairing the surface of the highway which may be damaged or destroyed. The special deposit required hereunder shall in no event be less than Ten Dollars ($10.00). The estimated cost shall be determined by the City Engineer by multiplying the number of square feet of surface which may be damaged, as shown by the application, by the sum of Ordinance No. 60-A 4. ten cents (0.10) per inch of thickness. The City Council may by resolution from time to time change and revise the method of determining the estimated cost The minimum cost of restoration or repair shall be pre- sumed to be not less than Ten Dollars ($10.00). Such funds are a guarantee that applicant will make com- plete restoration or repair. If applicant desires, he may depos- it a surety bond in lieu of cash, in favor of the City and con- ditioned upon payment to the City of all funds expended by the City to comply with the permit and to make restoration or repair. Section 11. APPLICANT MAY MAKE GENERAL DEPOSIT In lieu of making the special deposit required by Section 10, the applicant may make and maintain with the CityClerk a gen- eral deposit in an amount estimated by the City Engineer to be sufficient to pay for the cost of permit issuance fees and expec- ted repairs occasioned by future excavations or obstructions. Section 12. COMPUTATION OF COSTS IN CERTAIN CASES Whenever in this Ordinance any costs are to be charged to any permittee and no other method for the calculation thereof is specified, such cost shall be the actual cost, including the pro- portionate part of the salaries, wages or other compensation of any deputy or employee, plus the cost of overhead, not to exceed fifteen percent (15°%) of the total cost. Section 13. EXEMPTION OF PUBLIC AGENCIES FROM DEPOSITS If the United States, this State, this or any other county, any municipal corporation, school district or other public body files with the City Engineer a written guarantee of payment of all costs for which they may become liable to the City hereunder, Ordinance No. 60-A 5. then no deposit shall be required from such persons other than the payment of the issuance fee. Section 14. ISSUANCE OF PERMIT If the applicant for a permit hereunder complies in all respects with this Ordinance and with all other applicable laws, rules, regulations or ordinances of the City or of any other pub- lic agency and pays the fees and deposits required by this Ordin- ance, the City Engineer shall approve the application and issue the permit Section 15. CONDITIONS OF PERMIT The permit shall be subject to the following conditions which shall be stated thereon (a) The permit must be kept at the site ofthe work and be shown, on demand, to any authorized representative of the City of Cypress, the Building and Safety Department of the County of Orange, or any law enforcement officer. (b) The permit shall authorize work to be performed only as to such portion of the highway over which the City of Cypress has jurisdiction. (c) All work shall be performed in accordance with the pro- visions of this Ordinance and of all applicable laws, rules and regulations of the City and any other public agency and to the satisfaction of the City Engineer. (d) The permit shall be nontransferable. (e) The City Engineer, City Clerk or City Manager may can- cel the permit unless the work authorized therein is commenced within sixty (60) days of the issuance of the permit and there- after, in the opinion of any of them, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the Ordinance No 60-A 6 address shown on the application (f) The City Engineer may, either at the time of the iss- uance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he may deem reasonably necessary for the protection of the highway or adjoin- ing property or for the prevention of undue interference with traffic or to assure the safety of persons using the highway. Section 16. COMPLIANCE WITH TERMS OF PERMIT REQUIRED A permittee shall not make or cause to be made any excav- ation, or construct, place upon, maintain, or leave any obstruction orimpediment to travel, or pile or place any material in or upon any highway, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct, or tunnel in, upon or under the surface of any highway, at any location, or in any manner other than that described in the application as approved by the City Engineer, or contrary to the terms of the permit or of any provision of this Ordinance. Section 17. RESTORATION OF HIGHWAY UPON COMPLETION OF WORK Immediately upon completion of the work necessitating the excavation or obstruction authorized by any permit issued pursuant to this Ordinance, the permittee shall promptly and in a workman- like manner refill the excavation or remove the obstruction to the satisfaction of the City Engineer. If any permittee fails or refuses to refill any excavation which he has made or remove any obstruction which he has placed on any highway, the City Engineer may do so from the funds on deposit, or if bonded, the applicant or bonding company shall promptly reimburse the City the cost thereof. Ordinance No 60-A 7. Section 18 RESURFACING BY PERMITTEE OR CITY AND SPECIFICATIONS THEREFOR. Upon completion of the refilling of the excavation and the removal of the obstruction, the permittee, if authorized by the City Engineer, shall promptly resurface or repair any portion of the highway surface removed or damaged by the excavation or ob- struction, or the City Engineer may, at his option, elect to do the resurfacing or repairing himself. Where the pavement or sur- face has been removed, the permittee shall replace it to a thick- ness one inch (111) greater than that of the surrounding pavement or surface, and, in no event, to a thickness less than two inches (2"). Where a treated or modified subgrade or surface has been removed or destroyed, the permittee shall replace it to a thick- ness of not less than that of the surroundiilg or adjacent subgrade or surface, unless the City Engineer orders that the repair of such treated or modified subgrade or surface shall be made by an oil and rock mixture, in which case the thickness shall not be less than one-half the thickness of the treated or modified surface or subgrade. Section 19. COST OF RESURFACING TO BE BORNE BY PERMITTEE If, after the refilling of an excavation the permittee fails or refuses to resurface or repair that portion of the surface of the highway damaged by him, or if the City Engineer has elected to do such resurfacing or repairing, the City Engineer shall do so and the permittee shall be charged with the cost thereof computed by the City Engineer as provided in Section 10 or Section 12 of this Ordinance, whichever in the judgment of the City Engineer will most fairly compensate the City for the expenses incurred by it. Section 20 COST OF FURTHER REPAIRS TO BE PAID BY PERMITTEE If at any time subsequent to the first repair of a surface Ordinance No. 60-A. 8. of a highway damaged or destroyed by any excavation or obstruc- tion in such highway it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee shall pay to the City the cost of such additional repairs made by the City Engineer. The cost shall be computed by the City Engineer as provided in Section 10 or Section 12 of this Ordinance, whichever in the judg- ment of the City Engineer will most fairly compensate the City for the expenses incurred by it. Section 21 TRAFFIC TO BE KEPT OPEN Trenching for installation across any intersecting roadway open to traffic shall be progressive. Not more than 1/2 of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic by bridging or back- filling. Section 22. LOCATION OF PIPES AND CONDUITS All pipes and conduits laid parallel to the roadway shall be placed at least five (5) feet from the edge of the pavement or graded traveled roadway, unless otherwise authorized in writing by the City Engineer. The shallowest portion of any pipe line or other facility shall be installed not less thin thirty (30) inches below the roadway surface. Section 23. WORK REGULATIONS In backfilling there shall be no flooding of the trench within the upper twenty-four (24) inches. All loose backfill shall be dampened and well tamped with a pneumatic tamper or in any other workmanlike manner satisfactory to the City Engineer, to reduce all settlement to a minimum. Ordinance No 60-A 9. All excavated material shall be cast away from the im- proved portion of the highway. After the work has been completed all excess material, including excess excavation, shall be re- moved from the right of way and the roadway left in a neat and orderly condition All roadside drainage ditches shall be restored to a true grade and the intake and outlet ends of all culverts shall be left free from all excess material and debris. All approaches to private driveways and intersecting roads and streets shall be kept open to traffic at all times. Clay and earth which adhere to the paved surface of the roadway shall be removed by hand scraping, washing and sweeping, or by any other method which will leave a clean non-skid surface without impairing, injuring or loosening of the surface All muck or mud resulting from water or any leaky condit- ion will be removed and excavation backfilled with compactible ma- terial which is most effective. Section 24. DEDUCTIONS FROM DEPOS IT - PAYMENT OF BALANCE TO PERMITTEE The City shall deduct from any deposit made or maintained by the permittee - (a) The permit issuance fee if it has not otherwise been paid, (b) The cost to the City of refilling any excavation or removing any obstruction, (c) The cost to the City of resurfacing or repairing the highway calculated pursuant to the provisions of Section 10 or Section 12 of this Ordinance, (d) The cost to the City of any additional repairs as pro- vided in Section 20 hereof; (e) The cost of any inspection by the City Engineer made Ordinance No. 60-A 10 necessary by the failure of the permittee to comply with any pro- visions of this Ordinance or the terms or conditions of the per- mit. After making the deductions specified above, the City shall, unless the deductions are made from a general deposit, refund any balance to the applicant in the same manner as provided by law for the repayment of trust moneys. The balance remaining in the general deposit shall be retained by the City Clerk and applied to issuance fees and costs in connection with any future excava- tions, fills or obstructions pursuant to a permit issued hereunder unless a written demand for the balance be made by the depositor, in which event any balance therein shall be refunded in the same manner as provided by law for the repayment of trust moneys. Section 25. PERMITTEE TO PAY DEFICIENCY If any deposit is insufficient to pay all fees and costs herein provided, the permittee shall, upon demand, pay to the City Clerk an amount equal to the deficiency. Section 26. EFFECT OF FAI_URE TO PAY COSTS OF DEFICIENCY If a permittee, upon demand, fails to pay any deficiency as provided in Section 25 or shall fail to pay anyother costs due the City hereunder for which no deposit has been made, the City may recover the same by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, a permit hereunder shall not thereafter be issued to such per- mittee Section 27. PROTECTION OF TRAVELING PUBLIC Permittee shall take adequate precautions for the protec- tion of the traveling public. Barricades, red lights, and warning Ordinance No. 60-A 11. signs, together with flagmen where necessary, shall be maintained until the excavation is refilled, the obstruction removed, and the roadway is safe for the use of the traveling public. The City Engineer may specify, as a condition of the issuance of the per- mit, the safety devices or measures to be used by the permittee, but the failure of the City Engineer to so specify the devices or measures to be used shall not relieve the permittee of his oblig- ation hereunder Section 28 EMERGENCY PERMITS Nothing in this Ordinance prohibits any person 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 excava- tion obtains a permit therefor within one day after the offices of the City Clerk are first opened subsequent to the making of such excavation. Section 29. PENALTIES A person who violates any provision of this Ordinance or of any permit hereunder is guilty of a misdemeanor and upon con- viction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Ordinance is committed, contin- ued or permitted is a separate offense. Section 30 SAVINGS CLAUSE If any section, paragraph or provision of this Ordinance be declared invalid for any reason, the City Council hereby declares Ordinance No. 60-A 12. that it would have passed all other portions of this Ordin- ance independent of any portion that may be declared invalid Section 31. REPEALING CLAUSE Ordinance No 60 of the City of Cypress entitled "An Ordinance of the City of Cypress Requiring Permits for the Exd6vation, Filling and dbAtruction of Public Highways, Pres- cribing the Procedure for the Application and Issuance of Permits, and Imposing Penalties for Violations", adopted June 8, 1959, is hereby repealed Section 32 EFFECTIVE DATE OF ORDINANCE This Ordinance is hereby declared an urgency ordinance and shall take effect immediately upon its adoption. The reason for such urgency is that there are presently proposed numerous excavations on many streets within the City of Cypress, and it is essential in order to protect the streets for the pres- ent and future use by the traveling public that the resurfacing of the city streets occur as soon as possible and in a manner that will protect the streets. PASSED AND ADOPTTLD by the City Council of the City of Cypress at its regular meeting held on the 14th day of September, 1959. Ordinance No 60-A 13. Mayor • CITY CLERK'S CERTIFICATION ST_ -_TE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF CYPRESS I, Martin Olsthoorn, City Clerk of the City Council of the City of Cypress, California, do hereby certify that, at a regular meeting of the City Council held on the 14th day of September, 1959, the foregoing Ordinance was then considered and passed and adopted as a whole by the following vote AYES• Councilmen Arnold, Arrowood, Baroldi, McCarney, and Van Dyke NOES None ABSENT None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City Council of the City of Cypress, California, this 14th day of September 1959 Ordinance No 60-A Martin lark