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Ordinance No. 92ORDINANCE NU 92 AN ORDINANCE OF THE CITY OF CYPRESS REQUIRING PERMITS FOR THE EXCAVATIONS, FILLING AND OBSTRUCTION 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 otherwise require - A. "City" mean -the City of Cypress, California B ";street Superintendent" means the Street Superintendent of the City of Cypress C. "Highway" means any public highway, public street, public way or public place in the incorporated territory of the City, either owned by the City or dedicated to the pub- lic for purpose of travel. D "Person" includes any individual, firm, co -partnership, Joint adventure, association, corporation, estate, trust, business trust, this State, the County of Orange, any city, including this City, and all departments and bureaus there- of, except the Road Department of this City, or any other group or combination acting as a unit. E. The singular number includes the plural, the singular F "Public Agency" means and includes the United States or any department or agency thereof, the State of California or any department or agency thereof, county, municipal corporation or public district Section 2. EXCAVATIONS, FILLS OBSTRUCTIONS Ut'UN Ott 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 ex- cavation, 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 j. TTME FOR FILING APPLICATIONS. Applications for per- mits hereunder shall be filed not less than forty-eight (48) hours before the work is proposed to be done. Sectional: APPLIC4TION FOR PERMITS: Applications for permits required by this Ordinance shall be filed with the Street Superintendent upon printed forms to be prescribed and supplied by him The appli- cation shall be signed by the applicant and shall state - The name and address of the applicant. B The location, purpose, extent and nature of the pro- posed excavation, fill or obstruction C The time during which it is estimated that the exca- vation, 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 pen- alties, liabilities or annoyances or loss resulting from Ordinance No. 92 1-_ fie claims or court action and arising out of any accident, loss or damage to persons 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, improve- ment, widening or change of grade of the highway, the applicant, or his successors or assigns, within ten (10) days after the receipt of a written notice from the Street Superintendent to do so, will at his own expense either remove such tank, pipe, conduit, duct, tunnel or other installation, or, subject to the approval of the Street Superintendent, relocate them to a site which may be designated by the Street Superintendent. F Any additional information which the Street Superin- tendent 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, obstruction or fill, and any other detail which the Street Superintendent may require Section 6: PROOF OF RIGHT TO USE HIGHWAY: Each applicant for a permit shall submit to the Street Superintendent, satisfactory proof of the applicant's right to use the highway for the purpose set forth in the application. Section 7: MODIFICATION OF APPLICATION MAY BE REQUIRED: The Street Superintendent may require such changes in the application respecting the location, dimensions, character or number of the pro- posed excavations, fills or obstructions as in his opinion may be necessary for the protection of the highway, the prevention of undue interference with traffic, or to assure the safety of persons using the highway. Sectiox0: THE STREET SUPERINTENDENT MAY ELECT TO DO THE RESURFACING: The Street Superintendent may, either at the time of the issuance of the permit, or at any time thereafter, elect to do the resurfacing or re- pair of any highway surface removed or damaged by the proposed exca- vation 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 DEPUSIT OF COSTS REQUIRED - COMPUTATION THEREOF: A. Unless the Street Superintendent shall have authorized the applicant to perform the resurfacing or repair of surface of any highway which may be removed in part or damaged by the proposed excavation, fill or obstruction, each applicant shall, in addition to the issuance fee, deposit with the Street Superintendent, 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 fifteen dollars (015 00) The estimated cost shall be determined by the Street Superintendent by multi- plying the number of souare feet of surface which may be damaged, as shown by the application, by the sum of Ordinance No 92 forty cents (40¢) per square foot of surfacing The Board of Supervisors may from time to time change and revise the method of determining the estimated cost. The minimum cost of restoration or repair shall be presumed to be not less than two dollars (42 00) B. In cases where the applicant is granted authority to make the repairs required under this Ordinance, the Street Superintendent may, in order to insure the completion of said repairs in a satisfactory manner, re- quire the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the State of California and shall be in an amount equal to twice the estimated cost of per- forming the work authorized; provided, however, that the minimum amount of said bond shall not be less than one thousand dollars ($1,000 00), nor the minimum period less than one (1) year The condition of said bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this Ordinance in a good and workmanlike manner and to the satisfaction of the Street Superintendent Section 11: APPLICANT MAY MAKE GENERAL DEPOSIT. A In lieu of making the special deposit reouired by Section 10, the applicant may make and maintain with the Street Superintendent a general deposit in an amount estimated by the Street Superintendent to be sufficient to pay for the cost of permit issuance fees and expected repairs occasioned by future excavations or obstructions, but not to exceed five hundred dollars (500 00) R In lieu of the special deposit required by Section 10, or of making the general deposit as provided for in Subsection A of this section, the applicant may with the approval of the Street Superintendent, furnish a surety bond conform- ing in all respects to the requirements for surety bonds set forth in Subsection B of Section 10, except that the condition of such bond shall be that the applicant will pay to the City upon demand all fees, costs, or charges, incurred by or due to the City under the provisions of this Ordinance. Section 12: COMPUTATION OF COSTS IN CERTAIN CASES: Vhenever 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 proportionate part of the salaries, wages or other compensation of any deputy, employee or consultant, 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 corp- oration, school district or other public body files with the Street Super- intendent a written guarantee of payment of all costs for which they may become liable to the City hereunder, then no deposit for costs shall be required from such persons. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Section 6103 of the Government Code of the State of California 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 public agency and pays the fees and deposits required by this Ordinance, the Street Superintendent shall approve the application and issue the permit Ordinance No. 92 t2 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 of the work and be shown on demand to any authorized representative of the City of Cypress or any law enforcement officer. R 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 provisions 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 Street Superintendent D. The permit shall be nontransferable The Street Superintendent may cancel the permit unless the frork authorized therein is commenced within sixty (60) days of the issuance of the permit and thereafter, in the opinion of the Street Superintendent, 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 address shown on the application. F The Street Superintendent may, either at the time of the issuance of the permit, or at any time thereafter until the completion of work, prescribe such additional conditions as he may deem reasonably necessary for the protection of the highway 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 per- mittee shall not make or cause to be made, any excavation, or construct, place upon, maintain, or leave any obstruction or impediment 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 Street Superintendent, or contrary to the terms of the permit or of any provision of this Ordinance Section 17. RESTURATIUN OF_ HIGHWAY UPON COMPLETION OF 1',OFK• Immediately upon completion of the work necessitating the excavation or obstruction, authorized by any permit issued pursuant to this Ord- inance, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction to the satisfaction of the Street Superintendent. If any permittee fails or refuses to refill any excavation which he has made or remove any obstruction which he has placed on any high- way, the Street Superintendent may do so and the applicant shall promptly reimburse the City the cost thereof. Section 18. RESURFACING BY PERMITTEE OR CITY AND SPECIFICATIONS THEREFOR. A. After completion of the refilling and compacting of the backfill material in the excavation as specified in Section 23 and the removal of the obstruction, the per- mittee shall promptly replace, with temporary or perman- ent patching material, or repair any portion of the high- way surface removed or damaged by the excavation, obstruction or construction operations as specified elsewhere herein, to the satisfaction of the Street Superintendent, or the Ordinance No 92 Street Superintendent may at his option elect to do the surfacing or repairing himself B. Permanent Repaving Where the pavement (except Portland Cement Concrete pavement) or surface has been removed, the permittee shall replace it with a standard repair consisting of either five inches (5") of Plant Mixed Surfacing or three inches (3") of Plant Mixed Surfacing over six inches (6") Untreated Rock Base except that the standard repair shall not be less in total thickness than the adjacent pavement or surfacing and except that road -mixed surfacing may be repaired with three inches (3") of Plant Mixed Surfacing in lieu of the standard repair Plant Mixed Surfacing shall consist of mineral aggregate and liquid asphalt grade SC -6, or grade 200-300 penetration Paving asphalt If Portland Cement Concrete pavement is removed, it shall first be sawed at the neat lines of the excavation and subsequently replaced with Portland Cement Concrete C Tunneling or 1.84.1.pg. Excavation of pavement or surfacing on an arterial highway (as shown on the Master Plan of Highways) and determined by the Street Superintendent as having been improved with Plant Mixed Surfacing or Port- land Cement Concrete pavement, will be permitted only when physical conditions make boring or tunneling impos- sible. All boring and tunneling and placing conduits, casings and pipelines shall be done in such a manner that the existing driving lanes will not be disturbed If a casing is installed to receive the conduit or pipeline, all voids between the casing conduit shall be filled with grout or sand D Replacing Entire Driving Lane. If the surfacing or pave- ment within the driving lanes of an arterial highway (as shown on the Master Plan of Highways) and determined by the Street Superintendent as having been improved with Plant Mixed Surfacing or Portland Cement Concrete is re- moved or damaged by parallel construction operations, the existing surfacing or pavement of the width of the driving lane for the length of the damaged surfacing shall be re- moved and replaced except that such a removal and replace- ment shall in no case be less than one hundred feet (100') in length. All materials and construction operations shall conform to the applicable provisions of the City of Cypress Standard Specifications. Section_12j COST OF RESURFACING TO BE BORNE BY PERMITTEE: If, after the refilling of an excavation, the permittee fails or refuses to re- surface or repair that portion of the surface of the highway damaged by him, or if the Street Superintendent has elected to do such resurfacing or repairing, the Street Superintendent shall do so and the permittee shall be charged with the cost thereof computed by the Street Superin- tendent as provided in Section 10 or Section 12 of this Ordinance, which- ever in the judgment of the Street Superintendent will most fairly com- pensate the City for the expenses incurred by it Section 20: COST OF FURTHER REPAIRS TO BE PAID BY FERMITaE: If, at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation or obstruction 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 Street Superintendent The cost shall be computed by the Street Superintendent as provided in Section 10 or Section 12 of this Ordinance, whichever in the judgment of the Street Superintendent will most fairly compensate the City for the expenses incurred by it. Ordinance No 92 1 64 1 Section 21: TRAFFIC TO BE KEPT OPEN. Trenching for in- stallation across any intersecting roadway open to traffic shall be progressive Not more than one-half (*) 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 backfilling More than one-half (?) of the width of a traveled way shall be disturbed at one (1) time only upon the prior authorization by Minute Order of the City Council of the City of Cypress Section 22: LOCATION UF YlFES AND CONDUITS: &11 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 Street Superintendent The shallowest portion of any pipeline or other facility shall be installed not less than thirty (30) inches below the roadway surface Section 23: WORK REGULATIONS: A General Compaction Requirements, All backfill re- placed in excavations within the road right-of-way shall be compacted until the relative compaction within six (6) feet of the top surface is not less than ninety percent (90%) and below six (6) feet is not less than the adjacent undisturbed soil as determined by the Relative Compaction Test speci- fied in Section 6, Article b-21 of the State Standard Specifications. B Compaction of Clayey Soils Clayey material shall be defined as a soil containing more than thirty percent (30%) of material which will pass a No 200 mesh screen Clayey material replaced as backfill may not be ponded or jetted, but shall be compacted as speci- fied under general compaction reouirements by any other suitable method providing the material is first conditioned by wetting or drying to within two percent (2%) of optimum moisture content In lieu of backfilling with claYey material, the per- mittee at his option may elect to furnish sandy or grandular material less than thirty percent (30%) of which will pass a No 200 mesh screen, in which case compaction may be obtained as specified under general compaction requirements. C Finishing and Clean-up. After the work has been completed, all debris and excess material from ex- cavation and backfill operations shall be removed from the right-of-way and the roadway left in a neat and orderly condition All roadside drainage ditches shall be restored to the original grades and the inlet and outlet ends of all culverts shall be left free and clear All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times. Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction oper- ations shall be removed by approved methods to the satisfaction of the Street Superintendent Section 24: DEDUCTIONS FROM DEPOSIT PAYMENT OF BALANCE TO PERMITTEE. The City shall deduct from any deposit made or main- tained by the permittee: Ordinance No. 92 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 Sec- tion 10 or Section 12 of this Ordinance. D. The cost to the City of any additional repairs as provided in Section 20 hereof. E The cost of any inspection by the Street Superintend- ent's office, or Building and Safety Department. Such cost to be computed as shown in Section 12 of this Ordinance lifter 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 monies The balance remaining in the general deposit shall be retained by the Street Superintendent and applied to issuance fees and costs in connection with any future excavations, 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 monies. 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 Street Superintendent an amount equal to the deficiency Section 26. EFFECT OF FAILURE 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 any other 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 permittee Section 27: PROTECTION OF TRAVELING PUBLIC: Permittee shall take adequate precautions for the protection of the traveling public Barricades, red lights and warning signs, together with flagmen where necessary, shall be maintained until the excavation is refilled, the obstruction removed and roadway is safe for the use of the traveling public The Street Superintendent may specify, as a condition of the issuance of the permit, the safety devices or measures to be used by the permittee, but the failure of the Street Superintendent to do so specify the devices or measures to be used shall not relieve the per- mittee of his obligation hereunder Section 28: EMERGENCY PERMITS. Nothing in this Ordinance pro- hibits any person from malting such excavation as may be necessary for the preservation of life or property when 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 Street Superintendent are first opened subsequent to the making of such excavation. Section 29i PENALTIES: A person who violates any provision of this Ordinance or of any permit hereunder is guilty of a misde- meanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars (4500 00) or by imprisonment in the City Jail or 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 canmitted, continued or permitted is a separate offense Ordinance No. 92 Section 30: SAVINGS CLAUSE: If any section, paragraph or pro- vision of this Ordinance be declared invalid for any reason, the City Council hereby declares that it would have passed all other portions of this Ordinance independent of any portion that may be declared invalid. PASSED and ADOPTED this 17th day of April, 1961, by the following called vote: AYES. 5 COUNCILMEN: tirrowood, Denni, McCarney, Van Dyke and Baroldi NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN. None THOMAS A BAROLDI, MAYOR ATTEST: FRED D. HARBER, CITY CLERK Ordinance No 92