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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. 1 • 9 • c. Work that is mandated by the city, state, of federal legislature. d. Service for buildings where no other reasonable means of providing service 40 exists." 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. dir ATTEST: iffo2 .ii 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. • 22 5. ._ • •