125 ORDINANCE NO. 125
(W
AN ORDINANCE OF THE CITY OF GRAND
TERRACE AMENDING TITLE 12 OF THE
GRAND TERRACE MUNICIPAL CODE BY
REPEALING CHAPTER 12.08, SECTION
12.08.080 AND SECTION 12.08.360 AND
ADDING A NEW SECTION 12.08.080
ENTITLED CASH DEPOSITS AND SECTION
12.08.360 ENTITLED PUBLIC SERVICE
COMPANIES
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 12.08, Sections 12.08.080 and 12.08.360 of the Grand
Terrace Municipal Code are hereby repealed and deleted and new Sections 12.08.080 and
12.08.360 are added to read as follows:
Chapter 12.08
STREET EXCAVATIONS
4W Sections:
12.08.080 Cash Deposits
12.08.360 Public Service Companies
12.08.080 Cash Deposits: Before an excavation permit as provided in this
chapter is issued, the applicant shall deposit with the city finance department a cash deposit
in the amount to be determined by the city engineer to secure proper repairs of the street
cut.
A. Each permittee, prior to receiving a permit pursuant to this chapter, shall
deposit a minimum of five hundred dollars with the city finance department. This amount
is to secure emergency street repairs required as a result of the permittee's street cuts.
This amount shall be placed by the finance director into a special account. The deposit
shall be utilized by the city to make any emergency street repairs required, which repairs
cannot be done by the permittee. The amount of the deposit above the five-hundred dollar
minimum shall be computed in accordance with the fees schedule set by resolution. Such
deposit shall be refunded to the permittee upon request twenty-four months after
completion and acceptance of the project.
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ORDINANCE NO. 125
PAGE 2
B. Return of the deposit shall be conditioned upon the permittee's compliance
with this chapter, and further conditioned that the permittee must fill up, restore and place
in good and safe condition as near as may be to its original condition, and to the
satisfaction of the city engineer, all openings and excavations made in streets, and must
maintain any street where excavation is made in as good condition for the period of twenty-
four months after the work has been done. Any settlement of the surface within that two-
year period shall be deemed conclusive evidence of defective backfilling by the permittee.
Nothing contained in this subsection shall be construed to require the permittee to maintain
any repairs to pavement made by the city if such repairs should prove defective. Any
owner or real estate repairing or engaging another to repair his own sidewalk shall not be
required to give such deposit. An acceptable bond or letter of credit may be given under
this provision, which shall remain in force for two years, conditioned as above in the
amount specified, and in other respects as specified but applicable as to all excavation work
in streets by the principal making such deposit during the term of two years from such
date.
C. An application for an excavation permit to perform excavation work
under this chapter shall be accompanied by a cash deposit, payable to the city, in
accordance with a schedule of fees set by resolution. No deposit shall be less than five-
hundred dollars. Any person intending to make openings, cuts or excavations in streets or
4W public places may make and maintain with the city finance director a general annual
deposit in the sum of not less than five-hundred dollars, and the person so depositing shall
not be required to make the special deposits provided in this section, but shall, however,
be required to comply with all other applicable provisions of this chapter. Any special
general deposit made under this section shall serve as security for the repair and
performance of work necessary to put the street in as good a condition as it was prior to
the excavation if the permittee fails to make the necessary repairs or to complete the proper
refilling of the opening and the excavation work under the excavation permit. Such cash
deposit, except in the case of an annual deposit, shall be refunded by the city to the
permittee upon the expiration of such twenty-four month period and upon request of the
permittee; provided, that the city may use any or all of any such deposit to pay the cost of
any work the city performs to restore or maintain the street or public place as provided in
this chapter in the event the permittee fails to per form such work, in which event the
amount refunded to the permittee shall be reduced by the amount thus expended by the
city. The decisions of the city engineer as to the cost of the work done or repairs made by
him under the provisions of this chapter shall be final and conclusive as to cost.
12.080.360 Public Service Companies. All persons operating public utilities
in the city either under regulations of the State Public Utilities Commission or authorized
by the state to operate the public utility, and having the right, either by general or special
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ORDINANCE NO. 125
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permission to enter upon the streets and open and excavate pavements, sidewalks or disturb
the surface thereon by excavation or other work, shall be required to apply for a permit
for a permit and pay all applicable fees and deposits for all work in the public right-of-way.
A blanket permit for excavation may be issued for periods up to one year, but excavations
in excess of116wfeet by four feet shall not be made without prior approval of plans by the
city engineer.
Section 2. This Ordinance shall become effective thirty (30) days from the
date of adoption.
First read at a regular meeting of the City Council of said City on the 9th day
of August, 1990 and finally adopted and ordered posted at a regular meeting of said City
Council on the 23rd day of August, 1990.
MAY ffR of the Cily of Grand Te ee
an of the City Council thereof.
A T.• '
TCLERK
a
I, JUANITA J. BROWN, City Clerk of the City of Grand Terrace, do hereby
certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the
City Council of the City of Grand Terrace held on the 23rd day of August, 1990, by the
following vote:
AYES: Counci lmembers Pfenni ghausen, Si ngl ey, Carl strom;
Mayor Pro Tem Grant; Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN: None
All
I CLERK
Ap rov d as t fo
'_�M
4W CITY ATTORNE