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Any culvert pipe installed in any public street shall be approved by the Division of Public Works and shall be of cast iron, steel or iron or steel alloy not less than eight inches in internal diameter, or larger if required by the Division of Public Works, shall have a continuous length of not less than 14 feet nor more than 42 feet, shall be installed in a manner approved by the Division of Public Works in a location, at a grade and at such elevation that it will not obstruct or interfere with the free and continuous flow or passage of water in the direction designated by the established grade of the gutter, water course or drain and shall be covered with material of the same character as the traveled portion of the roadway adjacent or other approved material suitable for the use intended provided, that the Director of Public Works and Utilities may grant special permission to install a metal culvert pipe less than 14 feet or more than 42 feet in length, if, in his or her judgment, conditions justify installation of the lesser or greater length.
(Ord. 296, passed 5-9-1939)
Whenever any person shall desire to construct a driveway or obstruction in a gutter the character mentioned in § 42-34, he or she shall make application to the Division of Public Works for a permit for the installation by the applicant, the Division of Public Works will issue a permit for the installation in the manner provided in § 42-35 and shall make a record of the permit. Should the applicant desire to have the work done by the City, he or she will be required to make application to the Division of Public Works and to pay to the City Treasurer, a minimum sum of $25.00 for a metal culvert pipe of an adequate size for the use intended, as determined by the Director of Public Works and Utilities, but not less than eight inches in internal diameter and with a standard length not greater than 14 feet, plus the sum of $1.50 per foot for any additional length required in excess of 14 feet. Upon payment to the City Treasurer of such sum, the City shall as soon thereafter as convenient, install the pipe and cover same with some material suitable for the use intended. The material used in construction of all driveways or culverts built by the City shall remain the property of the City. If at any time the character of the street is changed so that a driveway or culvert is no longer required, then all material used in the driveway or culvert constructed by the City shall be salvaged by it, and all material shall be removed from the site by the City.
(Ord. 296, passed 5-9-1939; Ord. 1103, passed 4-13-1953)
Whenever any street, lane or alley in the City has been graveled or paved without curbs, it shall be the duty of the Director of Public Works and Utilities to serve or cause to be served a written notice upon the owner or agent of any lot or parcel of land abutting the street which has a driveway approach or other obstruction leading from the lot or parcel of land to the traveled portion of the street, requiring him or her to install pipes in all the driveways, approaches or obstructions in accordance with this article, within ten days after the completion of the work of graveling or paving any such street. It shall further be the duty of the Director of Public Works and Utilities to serve or cause to be served, the notice as above mentioned upon the owner or agent of any lot or parcel of land abutting any street in the City which has been graveled or paved, who has not complied with the conditions specified in this article. In case the Director of Public Works and Utilities or other authorized agent or employee shall be unable to find within the City, the owner or agent of any such lot or parcel of land abutting the street, then the notice may be served by posting in some conspicuous place on the lot and premises.
(Ord. 296, passed 5-9-1939)
In case the owner or agent of any lot or parcel of land, when ordered by the Director of Public Works and Utilities shall refuse or neglect to install pipes under the driveways, approaches or obstructions within ten days from the date of service of the notice provided for in § 42-37, the City Council may cause the driveway, approach or obstructions to be constructed and installed and assess the cost thereof in a special assessment on the lot or parcel of land benefitted. The assessment shall be made and collected in the same manner as provided for in the Charter for the making and collecting of special assessments and the tax shall be and remain a lien upon the lot or parcel of land until the same is paid, the same as all other assessments.
(Ord. 296, passed 5-9-1939)
ARTICLE IV. OPEN SPACES WITHIN STREET LINES
(a) Any owner or occupant of property abutting upon any street in the City may make application to the Recreation and Park Board for permission to beautify the terrace or other open space within the street lines opposite the property, setting forth in the application the proposed plan of improvement.
(b) The Recreation and Park Board shall examine the application and approve, reject or modify the same.
(Ord. 47, passed 8-26-1935)
Upon the approval of the plan or modified plan for beautification of terraces or other open spaces within the street lines, the applicant is authorized to beautify the terrace or other open space and is also authorized to post a sign upon the terrace or other open space, upon which shall be legibly printed in letters not less than one-half inch high, the following: “Protected by Ordinance of the City of Flint.”
(Ord. 47, passed 8-26-1935)
The rights granted under this article shall pass to subsequent purchasers or occupants of the abutting premises without formal assignment. Such rights are subject to modification, change or can be withdrawn by the Recreation and Park Board. Nothing in this article shall be taken to prevent or obstruct the City or the public utilities in the City in making necessary or needful repairs or improvements to the street or to the installation or repair of public utilities therein.
(Ord. 47, passed 8-26-1935)
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