Piedmont Municipal Code Art. III Excavations

Whenever any person, other than a public utility, shall for any purpose desire to make an opening for the purpose of constructing a main line conduit and for laying pipe lines, such person shall first file with the superintendent of streets a statement, in writing, setting forth the exact location of the proposed opening, the surface dimensions thereof and the number of square feet within the surface, and each such statement shall be signed by the person, by or on behalf of whom the same is filed, and such person shall at the time of filing such statement and plat or diagram deposit with the superintendent of streets the sum of money equal to one dollar per square foot of surface which he proposes to open as shown by the statement or such other sum as the Council may fix and determine from time to time by resolution. (Ord. 2 N.S., 10/1933; Ord. 87 N.S., 06/1939; Ord. 206 N.S.,01/1959)

When any opening shall have been completed, the refilling and resurfacing shall be done by the street department of the City and under the direction and supervision of the superintendent of streets, and the cost of the refilling and resurfacing shall be charged to the person, but such charge and cost in any event shall not exceed the sum of twenty dollars. (Ord. 2 N.S., 10/1933; Ord. 87 N.S., 06/1939)

EXCEPTION

In the event that any opening shall have been made as provided in this article and shall have been allowed to remain open for a period of more than ten days without special authority therefor from the Council, the superintendent of streets shall cause such opening to be filled and resurfaced and the cost therefor shall be charged to the person responsible for making such opening. (Ord. 2 N.S., 10/1933; Ord. 87 N.S., 06/1939; Ord. 206 N.S., 01/1959)

STREETS; PERMIT

Whenever any person, including any public utility, shall for any purpose desire to make an opening in the surface of any street, avenue, lane, alley or public way in the City, such person or utility shall first file with the superintendent of streets a statement in writing signed by the person or utility by or on behalf of whom it is filed, setting forth the exact location of the proposed opening, the surface dimension thereof and the amount of surface area, together with a plat or diagram showing the form and location of such proposed opening and shall obtain a permit therefor prior to the commencement of any such work. (Ord. 206 N.S., 01/1959)

Streets & Sidewalks

DONE BY CITY

When the work requiring any such opening as provided in the preceding section, shall have been completed, the refilling of such opening shall be promptly done by the permittee, subject to the inspection and approval of the superintendent of streets. The resurfacing thereof, if the area is less than two hundred square feet, shall be done by the City and charged to the permittee at rates fixed by the superintendent of streets. If such area is two hundred square feet or more, such resurfacing shall be done by the permittee, subject to the inspection and approval of the superintendent of streets. The fee for inspections required herein shall be fixed by the superinten- dent of streets from time to time. (Ord. 206 N.S., 01/1959)

The top of all water pipes and the top of all cables, wires and/or conduits and the top of all gas pipes, which are laid under the surface of any street or roadway of the City, must be at least three feet (3') below the surface of such street or roadway; provided that the top of any cable, wire, pipe and/or conduit may be no less than 16 inches below the surface of the street or roadway based on the following conditions:

At all times the top of any such cable, wire, pipe and/or conduit must be at least the depth below the street or roadway required by the then current rules and regulations of the California Public Utilities Commission, and must fully comply with any other conditions and requirements of such rules and regulations; provided that if such rules and regulations set a minimum depth for the cable, wire, pipe and/or conduit in question, subject to a lesser depth if such lesser depth is provided by local law or regulations, then the minimum depth permitted by local law in the City shall be deemed to be 16 inches, provided the duct material itself, or additional top protection installed, is in conformance with the applicable Public Utilities Commis- sion regulations.

The owner of such cable, wire, pipe and/or conduit must execute and deliver to the City a hold-harmless agreement with wording approved by the City, which agreement shall bind such owner to hold the City harmless and defend the City against any claims and actions whatsoever resulting from personal injury and/or property damage and/or any other type of damage caused by such cable, wire or conduit. Such hold-harmless agreement may be prepared in a blanket form to cover numerous cables, wires, pipes and/or conduits, if the entity involved is a public utility.

a. Such agreement shall provide that the owner of such cables, wires, pipes and/or conduits shall have the responsibility to physically remove or relocate them promptly upon the request of the City, whether such request is oral or written, in the event City deems such removal or relocation is required for a publicly funded project or for the public health, safety or welfare, all at the expense of owner, and City may require that such removal or relocation be done immediately if the situation so warrants. City shall

Streets & Sidewalks have no liability whatsoever for any such expense of removal or relocation or any other costs or damages relating to such cables, wires, pipes and/or conduits so necessitated by such publicly funded projects or the public health, safety or welfare. In the case of a public utility operating pursuant to a franchise granted in accordance with the Franchise Act of 1937 (Public Utilities Code §6201 et seq.), the duty to relocate set forth in Public Utilities Code §6297 as provided or hereafter amended shall be deemed to satisfy the provisions of this Section 18.20.2.a.

b. If the owner of such cable, wire, pipe and/or conduit is not a public utility, City may require the owner to insure the City against any claims or actions set forth in subsection 2 above up to a maximum in damages of $1,000.000.00, and to name City as an additional assured on any such insurance coverage.

c. In the case of a public utility operating pursuant to a franchise granted in accordance with the Franchise Act of 1937 (Public Utilities Code §6201 et seq.), the indemnity provision set forth in Public Utilities Code §6296 as in effect on December 31, 1982, or as hereafter amended, provided that any such amendment shall be determined by the city attorney to be in keeping with the intent of this Code provision, shall be deemed to satisfy the requirements of this Section 18.20.2. (Ord. 2 N.S., 10/1933; Ord. 445 N.S., 07/1983)

Streets & Sidewalks