[Ord. No. 12.877 §§1 —
4, 7-7-2008]
A.
ARTERIAL STREETS
RESIDENTIAL STREETS
STREET
Definitions. The following terms shall have the meaning
set forth below:
A street that provides primarily for through traffic movement
between areas and across the City, and has a secondary function of
direct access to abutting property, subject to necessary control of
entrances, exits and curbside use.
A street designed to provide direct access to abutting properties
and to provide for local traffic movement within small areas.
A dedicated and accepted thoroughfare for public use which
affords principal means of access, directly or indirectly, to abutting
properties.
B.
Requirements. All new streets in the City of California,
Missouri, shall be constructed as follows:
1.
Residential streets shall be constructed of either asphalt or concrete
to the following standards:
a.
Asphalt streets.
(1)
Subgrade shall be six (6) inches thick (minimum) and shall be
compacted to ninety-five percent (95%) of the standard maximum density
of the subgrade material as determined by a certified materials testing
laboratory.
(2)
Base course shall be five and one-half (5½) inches thick
(after compaction).
(3)
Surface course shall be one and one-half (1½) inches
thick, (after compaction) Grade C.
b.
Concrete streets.
(1)
Subgrade shall be six (6) inches thick (minimum) and shall be
compacted to ninety-five percent (95%) of the standard maximum density
of the subgrade material as determined by a certified materials testing
laboratory.
(2)
Pavement shall be six (6) inches thick concrete with a compressive
strength of three thousand five hundred (3,500) psi (minimum).
2.
Arterial streets shall be constructed of either asphalt or concrete
to the following standards:
a.
Asphalt streets.
(1)
Subgrade shall be six (6) inches thick (minimum) and shall be
compacted to ninety-five percent (95%) of the standard maximum density
of the subgrade material as determined by a certified materials testing
laboratory.
(2)
Base course shall be eight and one-half (8½) inches thick
(after compaction).
(3)
Surface course shall be one and one-half (1½) inches
thick, (after compaction) Grade C.
b.
Concrete streets.
(1)
Subgrade shall be six (6) inches thick (minimum) and shall be
compacted to ninety-five percent (95%) of the standard maximum density
of the subgrade material as determined by a certified materials testing
laboratory.
(2)
Pavement shall be seven (7) inches thick concrete with a compressive
strength of three thousand five hundred (3,500) psi (minimum).
3.
All streets, whether asphalt or concrete, shall have a two percent
(2%) slope from crown (centerline) to flow line of gutter.
C.
Conflict With Public And Private Provisions.
1.
Public provisions. This Section is not intended
to interfere with, abrogate or annul any other City regulation, ordinance,
Statute or other provision of law. Where any provision of this Section
imposes restrictions different from those imposed by any other provision
or regulation, whichever provisions are more restrictive or impose
a higher standard shall control.
2.
Private provisions. This Section is not intended
to abrogate any easement, covenant or any other private agreement
or restriction, provided that where the provisions of this Section
are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement or restriction,
the requirements of this Section shall govern. When such private provisions
are more restrictive or impose higher standards than the requirements
of this Section or the determinations of the Board of Aldermen in
approving a subdivision or in enforcing these regulations or determinations
hereunder, then such private provisions shall be operative and supplemental
to this Section and determinations made thereunder.
D.
Penalty.
1.
Any person violating the provisions of this Section shall forfeit
and pay to the City a penalty not to exceed three hundred dollars
($300.00) for each lot transferred or sold and the description by
metes and bounds in the instrument of transfer or other document used
in the process of selling or transferring shall not exempt the transaction
from the penalty. Any transfer or sale of land in violation of this
Section shall be deemed to be null and void and the City may enjoin
or vacate the transfer or sale by legal action, and may recover the
penalty in such action. In addition, the City may take any appropriate
actions and proceedings in law or equity to prevent any violation
of these regulations, to prevent unlawful construction, recover damages
to restrain, correct or abate a violation, to prevent illegal occupancy
of a building, structure, or premises, and these remedies shall be
in addition to the penalties described above.
2.
Any person violating the provisions of this Section, the penalty
for which is not herein otherwise specified, shall, upon conviction
thereof, be punished by a fine not exceeding five hundred dollars
($500.00) or by imprisonment not exceeding ninety (90) days, or by
both such fine and imprisonment.
[Ord. No. 12.202 §§1 —
4, 11-4-1968; Ord. No.
12.892 §1, 9-19-2011]
A.
No
person shall begin to construct or to reconstruct any curb or gutter
on the public streets in the City of California, Missouri, without
first obtaining a permit from the City Street Superintendent upon
submitting an application stating the name and address of the property
owners affected thereby, the name and address of the person doing
the work, and the location of the work area, said application to state
that all work shall be done in accordance with the specifications
hereinafter prescribed.
B.
The
specifications for all curbs and gutters hereafter constructed on
the public streets in the City of California, Missouri, shall be as
follows:
1.
The combined curb and gutter shall have a six (6) inch curb and twenty-four
(24) inch gutter for a total width of thirty (30) inches. The combined
curb and gutter shall slope from the face of the gutter to the face
of the curb not less than one (1) inch, and if approved by the Street
Commissioner, two (2) inches of slope. The curb shall be twelve (12)
inches in height with a batter finish and a curb pan cross slope of
two percent (2.0%) when constructed with asphalt roads and when the
roadway and curb is constructed monolithically. The gutter shall have
a minimum thickness of six (6) inches throughout. The concrete shall
not be less than one (1) part cement, two (2) parts sand, and three
and one-half (3½) parts rock, mixed in accordance with recommendations
to the Portland Cement Association or the Missouri State Highway Department,
and shall develop a strength of three thousand (3,000) pounds in twenty-eight
(28) days.
2.
All streets shall be constructed with Type "A" curb and gutter. Refer
to City of California "Type "A" Curb and Gutter Standard Detail" for
specifications, guidance and requirements. The plans, specifications
and requirements as set forth on "Type "A" Curb and Gutter Standard
Detail", which is on file in the City offices, shall be incorporated
herein as if fully set forth.
3.
Refer to "Missouri Standard Specifications for Highway Construction"
for technical specifications.
4.
Curb and gutter constructed or developed contrary to the requirements
of this Section shall be subject to removal at the cost of the person
responsible for construction of the same. Development or construction
of any curb and gutter in the City renders the responsible developer
or contractor subject to the provisions of this Section and thereby
responsible for all costs of removal and replacement of same constructed
contrary to this Section. Further, any person, firm or corporation
violating any of the provisions of this Section shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be fined in an
amount not less than twenty-five dollars ($25.00) nor more than one
hundred dollars ($100.00); and each day that such violation is committed
or permitted to continue shall constitute a separate offense and punishable
as such.
C.
That
the standards set forth herein are intended to be and shall be minimum
standards for the construction and development of curb and gutter
in the City of California, Missouri. Any deviation from the standards
is prohibited without the prior written consent of the Beard of Aldermen
of the City. Standards for the development and construction of curb
and gutter on primary arteries, thoroughfares or streets which are
intended to serve or will primarily serve non-residential traffic
may be as developed by the City, and may be established on a case-by-case
basis.
[Ord. No. 9.105 §§1 —
10, 7-2-1984]
A.
The
needs and advantages, having been recognized by the Board of Aldermen
of the City of California, of constructing new curbs and guttering,
along the public streets of California, and recognizing a need for
residential homeowners to have access to loans to construct new curbing
and guttering where none presently exists, the City does hereby authorize
loans to those individual residential homeowners for the use of constructing
new curbing and guttering where none presently exists along public
streets adjoining their residences.
B.
All
loans made pursuant to this Section shall not be used for the replacement,
repair or construction of sidewalks.
C.
All
funds loaned pursuant to this Section on or before December 31, 1984,
shall be evidenced by a promissory note bearing interest at the rate
of seven percent (7%) per annum and shall be amortized for a period
not to exceed five (5) years, each payment to be made not less than
annually in five (5) equal installments including interest thereon.
The Board of Aldermen may, once yearly, review the interest rate to
be charged for new loans to be made for the next calendar year. Any
increase or decrease in the interest rate shall be approved by a majority
of the Aldermen voting on the issue, and any revision in the interest
rate posted in the office of the City Clerk before January first (1st)
of the calendar year the revised interest rate is to take effect.
No change in the interest rate shall apply to any outstanding loans
and shall be prospective in application.
D.
All
loans made pursuant to this Section shall be secured by a deed of
trust upon real estate located in the City of California, Missouri,
which shall be determined to be of adequate value after considering
all other encumbrances and indebtedness.
E.
The
Board of Aldermen of the City of California, Missouri, shall be the
sole judge of the adequacy of the security for said loan and the cost
for preparing and recording legal documents in connection with the
loan, and all costs in connection with the making and securing of
the loan as provided herein shall be borne by the property owner.
Said cost shall be paid at the time of the execution of the loan documents
and prior to the disbursement of the funds by the City.
F.
The
City Clerk is ordered to identify the promissory note and record the
deed of trust at the Moniteau County Recorder's office at the time
when each disbursement is made from the Revolving Improvement Fund.
The City Clerk shall retain the original note and recorded deed of
trust until same has been paid in full.
G.
Any
loan approval shall be void if all curbing and guttering is not completed
within ninety (90) days after the approval of a loan made pursuant
to this Section, unless the Board of Aldermen by written consent grant
an extension. No funds shall be disbursed until the curbing and guttering
is completed, and the City may request lien waivers for all mechanic's
and materialmen's liens.
H.
Loans
made pursuant to this Section shall be made at such times and in such
amounts as, in the sole discretion of the Board of Aldermen, the retirement
of principal and interest on previous curb and guttering loans permit
new loans.
I.
No
person in default of payment for any City of California taxes, fines,
penalties or other loans shall qualify for a loan pursuant to this
Section.
J.
All
loans made pursuant to this Section or any previous ordinance providing
for loans for curbing and guttering shall be paid in full before any
new loan is approved for curbing and guttering, except that this Section
shall not apply to any extension, renewal or renegotiation of an existing
loan if no additional funds are advanced by the City of California.
