Los Angeles daily herald., 1889-09-11
OFFICIAL.
ORDINANCE No. 344.
New Series.)
AN ORDINANCE REGULATING THE TEARING VI
OF STREETS.

New Ser1es.)
The Mayor and Council of the City Of Los Angc-
les do orddin as foLiOps:
SECTION / 1t shall be unlawful for any per-
son. firm or corporation to tear up, excavate,
open or remove any part of any street in the
City of Los Angeles until they shall have depos-
| tied with the City Treasurer sum equal to 40
case of paved or macadamized street, and
sum equal to 20 cents for each square foot of
| surface in the case of gravelled streets so
opened or removed, as set forth in a written
| request for permission to tear up, excavate,
open or remove any part of laid street; Sled
with the Street Superintendent. They shall
| also at the same time file with the Street Super
intendent the original receipt OF the City Treas
urer, together with the written request to ex-
| City Treasurer shall be held by him as guar
| antee for the restoration of said street or part
| thereof to as good ana perfect condition as 1t
existed before said excavation. Provided, that
In case OF streets that are neither gravelled,
paved or macadamized, no such deposit will be
| required, but all other provisions of this ordi-
nance shall apply to such streets.
SEC. 2. Any person excavating or tearing up
the road bed OF any paved street shall, upon the
completion OF the work for which said str eet
tendent, who shall detail an inspector who
| shall inspect the filing of said excavation, or
the Street Superintendent may. If he SO desires.
| in perfect and Satisfactory manner, and deduct
the cost thereof from the deposit made as afOre-
said, and return the balance to the depositor.
Under no circumstances will the person or per-
sons be permitted to refill said excavation until
after the Inspector representing the Street Su-
| perintendent shall have reported at said exca-
Walton.
SEC, 8. The Street superintendent, on re.
| ceipt Of the said written request and OF the
said original receipt, shall issue permit or
permits to excavate the street or streets in &C.
Nd unit pff and hall
| also open and keep an account OF said deposit
with the City Treasurer. provided that the
Street Superintendent shall not include in any
| one permit more than one block of any one
street and one street intersection.
| SEC. a. The work for which said excavation,
| tearing up or opening is made shall be pros
ecuted with due diligence, and SO as to obstruct
the street and the travel thereon as little as
possibl and upon the completion of said work
| the Street Superintendent, upon the receipt of
the written report OF the Inspector in charge,
shall issue warrant on The City Treasurer for
the amount of said deposit in favor of the de-
positor, which warrant, after the same is cOun-
terstgned by the City Auditor shall be payable
by the City Treasurer from the said deposit so
made with him.
SECS. If the said work is not prosecuted
with due diligence, or If after completion OF
charge. the Street Superintendent shall notify
the person or persons to wnom the permit was
issued that the said street has not been
existed before said excavation, and to perfect
said restoration within ave days; said notice
shall be in writing or printed. and shall be
| served by delivery to the person or persons to
whom the permit was issued, or to either of
| them, or left al the residence or place of bust
ness OF kaid person or either OF them, or in case
| OF said person or persons after search cannot
be found. and his or their residence or place of
busln Is unknown, or. If known, is outside
the limits. of the city, said notice may be
served by deposit in the postOffce in this CITY,
postpaid and addressed to said person or per-
sons. and directed to his Or their residence or
place of business, if known, and If unknown to
SEC. 8. A failure to make said restoration
| within the time specified in the said notice
shall work forfeiture to the City Of Los Ange-
les, of SO much of said deposit made with the
City Treasurer as shall be necessary to restore
said street or part thereof to good and perfect
and in case of such failure as aforesaid, the
Street Superintendent shall at once have the
restoration necessary made, and pay the cost
able from the deposits made on account Of that
particular work, which warrants shall have the
same force be subje to the same rules and be
provided for. and after said restoration is so
made and SO paid for, the Street superintend-
ent shall draw warrant or warrants, as pro
vided in section hereof, in favor Of the depos
itor for the remainder of said deposit, If any
remains.
SEC. z. Persons excavating or tearing up the
roadbed of any paved streets, shall, upon COM
pletion of the work for which said street " as
torn up, at once notify the Street Superintend-
ent that the work is ready for inspection. The
cause to be inspected, said excavation, to see
that the dirt is properly tamped. and that the
pavement Is properly replaced, Under no cir
cumstances snail the contractor commence to
| fill said excavation before the Inspe ctor saall
have reported to him at the place of excavation.
No tunn' ling larger than an eight inch hole
shall be permitted in any street under any cir
/ cumstances, other than under the tracks of a
street railroad occupying part OF said street.
Permits issued BY the street. superintendent
are not transferable under any circumstances;
any person or persons who may allow any other
person or persona to excavate on his or their
permit, shall forfeit such deposit as may have
been made for said excavation. Persons using
such permits lay themselves liable to arrest.
SEC. 8. 1t shall be unlawful for any person,
main, Sc wei, drain or other conduit in any pub.
lie street less than four feet below the estab
lished grade of said street without. special per
mission from the Council In writing having
been previously obtained in each case.
SEC. 9. Any person, firm or corporation who
shall open any street in the city OF Los Angeles
without having fully complied with the condi-
tions of this ordinance, or after the notice pro-
| vided for in Section of this ordinance, shall
ia1l to restore any Of said streets or parts
existed before the excavation, tearing up or
opening thereof, shall be deemed guilty of
mlsdemeanor. and upon conviction thereof
| shall be fined not less than five nor more tn an
three hundred dollars, or be imprisoned not less
than five nor more than ninety days, or suffer
both such fine and Imprisonment.
SEC. 10 All ordinances or resolutions or
part thereof, in conflict with this ordinance
| are hereby repealed
SEC IL. The City Clerk shall certify to the
passage of this ordinance and cause the
same. to be published once in the Los
Angeles DAILY HERALD, and thereupon and
| thereafter it shall take effect and be In force
| hereby certify that the foregoing ordinance
was adopted by the Council Of the City of Los
Angeles at its meeting of September 2, A. D.
1889.
FREEMAN g. TEED,
City Clerk.
Approved this 10th day of september, 1882
HENRY 7. HAZARD,
| sep11-1t Mayor
lNOTICE OF AWARDOF CONTRACT