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HomeMy WebLinkAbout1940 ORDINANCE NO, 1940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING, DELETING, AND ADDING VARIOUS SECTIONS TO ARTICLE VII OF THE ARCADIA MUNICIPAL CODE (PUBLIC WORKS) PERTAINING TO VARIOUS FEES, DEPOSITS, LIABILITY INSURANCE AND SURETY BONDS WHEREAS, this proposed Ordinance was initiated by the City for the consideration of amending, deleting, and adding certain sections of the Public Works Regulations, Article VII of the Arcadia Municipal Code relating to street improvement fees, amounts of liability insurance and surety bonds for street excavat ions, street excavat ions fees and depos its, sewer fees and depos its, transportation permit fees and providing for future fees, deposits, amounts of liability insurance and surety bonds to be adopted by resolution of the Gity Counc il, and WHEREAS, the City Council conducted a public hearing concerning this proposed ordinance pertaining to various permit fees, deposits, 1 iabil ity insurance, surety bonds and deposits for Public Works, and approved the Ordinance, and WHEREAS, the City Council recognizes that all Publ ic Works Department fees, depos its, amounts of 1 i abi 1 ity insurance and surety bonds are to be established by resolution of the City Council after a public hearing and that the City Council determines that providing for future fees, deposits and amounts of liability insurance and surety bonds to be adopted by resolution of the City Council is appropriate and consistent with the Public Works Department's current procedures, and WHEREAS, pursuant to the provision of the California Environmental Quality Act, CEQA does not apply to charges by public agencies which the public agency fi nds are for the purpose of meet i ng operat i ng expenses, i ncl udi ng - I - 1940 employee wage rates and fringe benefits, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: Section I. That Section 7210, be amended to read as follows: 7210. PERMITS. No person, either as owner, contractor, tenant or otherwise, shall break, cut, or remove any curb, gutter, sidewalk, or driveway approach in, upon or abutting any real property, or in, upon or abutting any public street, alley, way or place, other than after receipt of and only in accordance with a permit issued therefor by the Superintendent of Streets. Section 2. That Section 7210.1 be amended to read as follows: 7210.1 SAME. FEES. Before a permit is issued pursuant to section 7210, a permit -fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council, Section 3. That Section 7213. be added to read as follows: 7213. INSPECTION FEES. To cover the cost of inspection of the work or construction pursuant to this Part, an inspection fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. Section 4. That Section 7222.5 be added to read as follows: 7222.5 PERMIT FEES. Before a permit is issued pursuant to Section 7222., a permit fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. - 2 - 1940 Section 5. That Section 7224. be added to read as follows: 7224. INSPECTION FEES. To cover the cost of inspection of the work pursuant to this Part, an inspection fee shall be paid to the City Council in accordance with the amount set forth by resolution of the City Council, Section 6. That Part 4 (7240 et seq.) be added to read as follows: Part 4 TRANSPORTATION. Section 7. That Section 7240. be added to read as follows: 7240. TRANSPORTATION PERMIT. No person shall operate or move or cause or permit to be operated or moved on a public street or alley a vehicle or combination of vehicles or special mobil equipment of a size or weight of vehicle or load exceeding the maximum specified in the California Yehicle Code (CYC) without first applying for -and receiving a Transportation Permit in writing therefor from the Superintendent of Streets to do so. Section 8. That Section 7240.1 be added to read as follows: 7240.1 SAME. FEES. Before a permit is issued pursuant to Section 7240., a fee shall be paid to the City in accordance with the amount set forth by resolution of the City Counc il . Section 9. That Section 7240.2 be added to read as follows: " 7240.2 SAME. EXCEPTIONS. Pennit fees for transportat i on permi ts issued to any Government Agency or Public entity deriving income through Public Taxation are exempt, Permit fees for contract haulers hired by any Governmental agency or Publ ic entity when responding to or returning from a declared emergency are also exempt. - 3 - 1940 Section 10. That Section 7241. be added to read as follows: 7241. INSPECTION FEES. To cover the cost of inspection of the work pursuant to this Part, an inspection fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. Section II. That Part 5 (7250 et seq.) be added to read as follows: Part 5 MISCELLANEOUS WORK OR ENCROACHMENTS. Section 12, That Section 7250. be added to read as follows: 7250. PERMIT No person shall perform any work or make or cause or permit any encroachment in or on any public street, alley, way, curb, gutter, sidewalk, driveway approach, or parkway other than after receipt of and only in accordance with a permit issued therefor by the Superintendent of Streets. Section 13. That Section 7250,1 be added to read as follows: 7250.1 PERMIT FEES. Before a permit is issued pursuant to this Part, a permit fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. Section 14, That Section 7251. be added to read as follows: 7251. INSPECTION FEES. To cover the cost of inspection of the work or encroachment pursuant to this Part, an inspection fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. Section IS. That Part 6 (7260 et seq.) be added to read as follows: Part 6 LIABILITY INSURANCE. Section 16. That Section 7260 be added to read as follows: 7260. A"OUNTS OF COVERAGE. Before a permit is issued pursuant to this Chapter, a certificate of - 4 - 1940 insurance coverage nami ng the City as addit i ona 1 insured and issued by an approved insurance company in accordance with the injury and damage amounts set forth by resolution of the City Council shall be filed with the Superintendent of Streets. Section 17. That Section 7300.1 be amended to read as follows: 7300.1 PERMIT FEES. Before any permit is issued pursuant to this Chapter, a fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. Section lB. That Section 7301,1 be amended to read as follows: 7301.1 INSPECTION FEES. To cover the cost of inspection of the work or excavation pursuant to this Chapter, an inspection fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. Section 19, That Section 7301.2 be amended to read as follows: 7301.2 SURFACE REPLACEMENT DEPOSIT. Any person intending to make an excavation in any public street or alley shall deposit with the City a sum in accordance with the amount set forth by resolution of the City Council to assure full and faithful compliance with all provisions of this chapter; provided, however, that public utilities operating under the jurisdiction of the Publ ic Util ities Commission of the State of California, city departments, and other governmental agencies, may be relieved of making such a deposit by the Superintendent of Streets. Section 20. That Section 7301,3 be amended to read as follows: 7301.3 PUBLIC UTILITIES. Public utility companies shall be required to obtain an excavation permit for each street cut made pursuant to this Chapter. Inspection fees shall be billed to the utility companies at the, discretion of the Superintendent of - 5 - 1940 Streets. Section 21. That Section 7301.4 be amended to read as follows: 7301.4 SOIL TEST FEES. Any person making an excavation for which a permit is required by this Chapter shall pay to the City a fee in accordance with the amount set forth by resolution of the City Council for each soil density test deemed necessary by the Superintendent of Streets and to be taken by the City. Section 22. That Section 7307 be added to read as follows: 7307. LIABILITY INSURANCE. Before a' permit is issued pursuant to this Chapter, a certificate of insurance coverage nami ng the City as add it i ona 1 insured and issued by an approved insurance company in accordance with the injury and damage amounts set forth by resolution of the City Council shall be filed with the Superintendent of Streets. Section 23. That Section 7430.2 be amended to read as follows: 7430.2 LIABILITY INSURANCE. Before a sewer permit is issued pursuant to this Chapter for the excavation of a trench on City property or in a public street or alley, a certificate of insurance coverage naming the City as additional insured and issued by an approved insurance company in accordance with the injury and damage amounts set forth by resolution of the City Council shall be filed with the City Engineer. Section 24 That Section 7431. be amended to read as follows: 7431. SURETY BOND. Other than a contractor 1 icensed by the State and his employees working under his supervision, every person engaging in or performing sewer or house connection sewer work shall, before procuring a permit for the performance of such work, deposit with City cash deposit or a Surety Bond in accordance with - 6 - 1940 the amount set forth by resolution of the City Council. Said cash deposit or bond shall be for the benefit of the City to assure full and faithful compliance with all of the provisions of this Chapter. Section 25. That Section 7431.3 be amended to read as follows: 7431.3 SAME. PENALTY. In the event that a portion of said cash deposit is used to correct defective work, no additional permit to do sewer or house connection sewer work shall be issued to the depositor thereof until said cash bond is restored to the original amount, Section 26. That Section 7434, be deleted Section 27. That Section 7440. be amended to read as follows: 7440. ORIGINAL PERMIT FEES. The City Engineer shall grant no permit for house connection sewer, industrial connection sewer, sand interceptor, grease interceptor, sand and grease interceptor, or other similar appurtenance until the applicant pays to the City a fee in accordance with the amount set forth by resolution of the City Council for each original permit, Section 28. That Section 7440.1 be amended to read as follows: 7440.1 SADDLE AND WYE FEE. The City Engineer shall grant no permit to tap the public sewer by saddling or inserting a wye for a house connection sewer until the applicant pays to the City a fee in accordance with the amount set forth by resolution of the City Council. Section 29. That Section 7440.2 be amended to read as follows: 7440.2 INSPECTION FEES. To cover the cost of inspection of the work pursuant to this Chapter, an inspection fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council. - 7 - 1940 section 30. That section 7440.3 be deleted. section 31. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (l5) days after its adoption. Passed, approved and adopted thisl8thday of June , 1991. Mayor of the City of Arcadia ATTEST: cit Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1940 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the l8th day of June , 1991 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None Y of Arcadia -8- 1940