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HomeMy WebLinkAbout38.7 ORDINANCE NO. 38.7 ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE IV OF CHAPTER 13 OF THE SARATOGA CITY CODE BYINCLUDING PROVISIONS ON RE- ' LOCATION AND REMOVAL OF PIPES, DRA'INS, OR CONDUITS IN PUBLIC STREETS AND WAYS. The City ~ouncil of the City of Saratoga hereby ordains as follows: Section 1: Section 13-19.1!is hereby added to Article IV,~ Chapter 13, of the Saratoga City Code, to read aS follows: Section 13-19.1: Retocation at Permittee's Expense. ~enever any change of grade, aIignment or width of, or any, construction, re- donstruction or repair of, any public street, way or place by the City of Saratoga requires the removal or relocation of any pipe, drain or conduit requiring a permit under this article (whether or not such a permit has theretofore been issued), ~he person or agency, whether public or private,' who or which owns or maintains such pipe, drain or conduit shall cause such removal or relocation to be made without'expense to the city. Any.such removal or reloeation shall be subject to the permit and other require- ments of SectionFi3-16 through Sectionsl3-19 of' this Article. This section is specifically intended to include, without in any way limiting the same, all drainage, flood control, sanitary, sanitation, sewer, public service, and water districts, and all public utilities whichmay .not otherwise be requiredby law to do as herein- provided. : WitHin thirty (30) dayS' after written notice by the city to any person or agency required by this section to remove or relocatesuch facili-' ties, such person'or agency shall obtain the necessary permit under this article and commence the removal or relocation of such facilities and diligently pro~ceed to complete the same, and in default thereof,.the city'may cause the said work of removal o~ relocation to be done '. and the cost and expense thereof to the city shall be a charge against the person or agency go defaulting, collectible in a civil suit in the name of the city. Section 2: If any section, subsection~ sentence, clause or phrase of this ordinance is for any reason held'by a court of competent jurisdiction to be invalid or unconstitutional, s~ch decision shall not affect the validity of the remaining po~ti0ns of this ordinance. The City CoUncil of the City+of Saratoga hereby declares that it would hav~ passed this ordinance and each section, subsection, sentence, clause and phrase thereof,,i~re~spective of the fact that any one or mor~ sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Section 3:I' 'This-ordinance shall be i~ full ~dfce - and effect thirty (30) day~ ~fter the date of its passage and adoption. The above and.foregoing ordinance was regularly intro- duced and after the waiting time required by law was thereafter passed and adopted this' 6th day of October , 1965, by the following vote: AYES: Counc.ilmen Glennon, Hartman, Tyler, BurrL NOES: None ~ / ABSENT: Counhilman Drake ~ ' ' ., ~ ~ ~ CITY CLE~ The above and foregoing Is a true and correct copy of Ordin.~cs _-.-3,~. 7 which has been published accordin9 to law. Deputy City Clerk / Date ' -2-