HomeMy WebLinkAboutOrdinance #292 I
ORDINANCE NO.�
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO.19
OF SAID CITY ENTITLED "AN ORDINANCE PROHIBITING THE OBSTRUCTION OF
STREETS ALLEYS, SIDEWALKS AND PUBLIC PLACES WITHIN THE CITY OF HUNT-
INGTON kACH FOR ANY PURPOSES WITHOUT A PERMIT, ALSO REQUIRING THE
LIGHTING OF SAID OBSTRUCTIONS BY NIGHT AND REGULATING THE CUTTING,
EXCAVATING IN, UPON AND ALONG IMPROVED STREETS IN SAID CITY."
The Board. of Trustees of the City of Huntington Beach, do ordain
as follows:
Section 1. That Section I of Ordinance No. 19 of the City of
Huntington Beach, entitled "An Ordinance p rohibitng the obstruction
of Streets, Alleys, Sid.ewalks and public places within the City of
Huntington Beach., for any purpose without a permit; also requiring the
lighting of said obstructions by night. " be and the same is hereby
amended so as to read as follows:
"Section 1. It shall be unlawful for any person, firm or cor—
poration, without a franchise 'or other authority from the Board. of
Trustees, to erect any telegraph, telephone, electric light or trans-
mission poles on any walk, street, alley or public place in the City
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of Huntington Beach, or to stretch any wires along or across said
streets, or to lay-. any:=zgas, oil or water pipes, or other pipe lines
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along or across any streets in said City."
Section . That . Section 3 of said Ordinance No. 19 of the City
of Huntington Beach, be,and the same is hereby amended so as to read
as follows: j
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"Section , Any person, firm or corporation desiring to engage
in any trade or business or to move or construct a building, make re-
pairs, or to perform any other work by which it may become necessary ,
to place any such building, stand, counter, lunch wagon, wagon stand,~
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-- band stand, structure, building material, gravel ,dirt, excavation or 1 i
other obstruction upon-::bran the streets, alleys,: sidewalks or public
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places within the said City, must first obtain a permit from the Super--
' intendent' of; Streets of said City, to place�any obstruction as herein-
above mentioned upon or in said streets, alleys, sidewlaks or public i
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places and the said Superintendent , of. Streets of said City may issue ;
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such permit upon the payment of the sum of Five Dollars ($5.00) to the
City of Huntington Beach therefor; provided, however, that in the event
the. person, firm or corporation making such application is the owner
or holder of a franchise or reservation of interest in said street ,
alley, side walk or public place to keep or maintain any pipe line,
1 telephone line or pole system in or upon any of said public streets,
alleys, side w&lks or public places or said excavation is for the
purpose of connecting'with sewer, water or gas pipe lines by such per-
son, firm or corporation, then and in that event said application and
permit may be granted without charge. "
Each person, firm or corporation authority from the
Board of Trustees of the City of Huntington Beach, as provided in Sec-
tion i, of this Ordinance, to out, remove, excavate in, upon, across or
along any paved or improved street, alley, side walk, curb or other pub-
lie places in said City, upon and at the time of making application to the
i Superintendent of Streets of said City for permit to so out, excavate in,
upon or along, remove or obstruct any such paved or improved street, curb,
sidewalk, alley or any other public place, shall pay in lawful money of the
United States, to the City of Huntington Beach, a sum calculated at the
rate of thirty-five cents ($ .35) for each and every square foot and frac-
tion thereof of all such paving, curb, sidwalk, or other public places-
proposed to be cut or removed according to the statement thereof con-
tained in such application, and shall likewisedeposit in cash with the
City of Huntington Beach; the sum equal to one third (113) of the total
amount paid to the said City to pay the costs of repairing any and all
, _ __additional _damage to said imporved streets, curbs, sidewalks; alleys and
public places caused by or resulting from, or arising out of such cutting,
excavating in, upon across or along, or removing any part of such im-
provements ' All money so/ paid to the City of Huntington- Beach shall be__�.._.___�..
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deposited in such fund as the Board of Trustees may direct, and all de-
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posits so made shall be held by the City of Huntington Beach for the period
of one year, and in the event of the failure of the applicant to properly
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fill such excavation with earth and properly tamp and. settle the same
in such a manner as to so nearly aspossible return the, earth removed
by such excavation to the solidity and firmness in place as the same
was before removal, old the failure otherwise of any person, firm or
corporation to comply with the ordinance in the City of Huntington
Beach., relating to the cutting, removal, excavating in., upon or along,
or otherwise obstructing any such paved or improved streets, lanes,
! alleys, curbs , sidewalks and other public places in said City, the said -
funds so deposited may be used by the City of Huntingtn Beach, to restore
all such improvements and make all necessary repairs. Each application
for permit to obstruct any umimproved street, lane, alley or public place,
shall be accompanied by a special deposit of a sum of money sufficient to
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cover the costs of replacing such streets, lanes, alleys or other public
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places in the condition in which it was immediately prior to proposed ex— _
cavation, which said amount shall be detgrmined in accordance with the
schedule therefor decided upon by the _
ditakRaxxxdxaxzsxx:k±z zxzx*xxpmxxaxdxkl:axg of the said City, and said 31'
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schedule shall apply to all persons, firms or corporations alike who make
application to obstruct any uni[nproved street, alley, lane or other public
place.
The application herein mentioned shall be upon a form provided
therefor by the Superintendent of Streets. All ditches and. excavations
in, upon or along any public street, lane, alley, sidewalk, curb, or
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other public place shall be properly filled and settled within three days
after the completion of the work or repair, removal or installation, and
in the event Ahe same is not done within said time the Superintendent of
Streets shall Ij perform the same and shall use so much of said deposit
above provided as may be necessary so to do. It is provided, however,
that in the event the applicant properly fills and3 settles all such ditches,;-.__'
and excavations to the satisfaction of the Sgperintendent, _of Streets, and i
within the period herein specified,-specified, -996 the Superintendent of Streets shall
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refund and repay to the applicant the said deposit. Eahh application for
permit shall contain the following information: j
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(1) The amount in square feet of pavement, side walk, curb
dirt- street, or oil and gravel street to be removed or
excavated.
(2) Estimated length of time to make such proposed repair
or installation,
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(3) The method of making repair or installation.
(4) Any such other information as may be required by the
Superintendent of Streets. '
The City Clerk shall certify to the pp,ssage of this Ordinance, and
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saall cause the same to be published^in HUNTINGTON BEACH NEWS, a news-
paper published and printed and circulated in the said City of Hunting-
ton
Beach.
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An emergency has arisen which endangers the public peace, health
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and safety, in this; that a portion of the property within the limits
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of the city of Huntington Beach, is about to be drilled and explored
for oil and gas, and which said property abuts upon improved streets,
alleys and other public places and is improved by sidewalks and, curbs,,
and it will be necessary to excavate in, along and upon such improved
streets and places for the purposes of laying pipe lines, and for other
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purposes, which condition and emergency is liable to and will, if not
regulated, cause the entire destruction of such public improvements.
THEREFORE, this Ordinance shall take effect from and after the passage
and adoption by the Board of Trustees of the City of Huntington Beach.
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Passed and adopted this day of uecember, 1926.
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President of the Board of Trustees
of the City of Huntington Beach.
Attest
10:1ty_' Clerk and Dc-officio Clerk of the
B-Oard of Trustee6 of the City of Hunting_
t6# Beach.
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State of California'
County of Orange SS
City of Huntington Beach
I, C R Furr,City Clerk and Ex-officio Clerk of the Board
of Trustees of the City of Huntington Beach,do hereby certify
that the foregoing ordinance was read to the Board of Trustees
of said City at a regular meeting thereof,on the 6th day of
December,1926, and was again read to the said Board of
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Trustees of said City at a regular adjourned meeting of the
said Board held on the 13th day of December,1926,and was by
said Board of Trustees passed and adopted by the following
vote:to-wit:
Ayes. . . . . . .Trustees Wharton.Mitchell,Harris,Boster
Noes. . . . . . .Trustees None
Absent. . . . .Trustees, Shank
.City Clerk and ex-officio Clerk of the - -
Board of Trustees of the City of
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Huntington Beach,California. -
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