HomeMy WebLinkAboutORD 1373 ORDINANCE NO. 1373
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
AMENDING TITLE IX, CHAPTER 97,BY ADDING SECTION 97.023, "STREET CUT
MORATORIUM" TO THE CITY OF BALDWIN PARK MUNICIPAL CODE TO
ESTABLISH A STREET CUT MORATORIUM ON NEWLY PAVED STREETS
WHEREAS, Pursuant to the California Constitution, Article XI, section 7, The City of
Baldwin Park may make and enforce within its limits all local, police, sanitary and other
ordinances and regulations not in conflict with general law;
WHEREAS, Article XI, section 9 of the California Constitution proscribes that
corporations which establish and operate works for supplying light, water, power, heat,
transportation or means of communication, to residents of a municipal corporation shall establish
and operate such services upon conditions and under regulations that municipal corporation may
prescribe under its law; and
WHEREAS, the California Constitution grants the City the right to adopt reasonable
regulations regarding its right-of-ways, which reasonable regulations would includeL the
establishment of a street cut moratorium.
NOW THEREFORE, The City Council of the City of Baldwin Park does hereby ordain
as follows:
SECTION 1. Title IX, Chapter 97 of the City of Baldwin Park Municipal Code is
amended to add §97.023 to adopt a street cut moratorium on newly improved streets, to read as
follows:
"§97.023 STREET CUT MORATORIUM
For streets, alleys, and public places that were reconstructed, overlaid, or sealed, the following
shall apply:
1. No non-emergency street cuts will be permitted for a period of five (5) years from the
date of completion of the geconstruction, overlay, or seal.
2. In the case of an emergency or where street cuts have been authorized by the Director of
Public Works / City Engineer within five (5) years following the completion of the
reconstruction, overlay, or seal the following shall apply: the Permittee will be required
to grind and one and one-half(1-1/2) inches of existing asphalt, curb to curb and repave
the surface for a distance of at least twenty-five (25) feet (for a traverse street cut) and up
to one (1) lane width (for a longitudinal street cut)beyond each side of the trench using a
properly licensed contractor.
3. Emergencies (exceptions) are defined as follows:
• a. An emergency that endangers life or property.
b. Interruption of essential utility service.
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c. Work that is mandated by the city, state, of federal legislature.
d. Service for buildings where no other reasonable means of providing service
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SECTION 2. If any provision of this Code is found to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect remaining
provisions of this Code are declared to be severable
SECTION 3. This Ordinance shall become effective thirty days after final adoption by a
vote of the City Council.
SECTION 4. The City Clerk shall certify to the passage of this Ordinance and have it
published and/or posted in accordance with state and local law.
PASSED, APPROVED, AND ADOPTED this 1st day if A5.
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ATTEST:
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CITY CL RK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on March 18, 2015. That thereafter said Ordinance No. 1363 was
duly approved and adopted at a regular meeting of the City Council on April 1, 2015 by the
following vote:
AYES: COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: Rubio
ABSTAIN: COUNCIL MEMBERS: None.
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