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1884 Building in RailwaysrPAY 1 1 361 ORDINANCE NO.. 1884__ (Published in the Salina Evening Journal September —21,:r—. 1915.) An ordinance regulating the construction, operating.- building, re- building repairing and maintenance of street railways in the city of re- building, Kansas, providing penalties for the violation hereof, and repealing Ordinance No. 1496, passed and approved June 21, 1909. be it ordained by the Mayor and' Councilmen of the City of Salina: �ect ion 1. Every person, partnership, firm or corporation en- gaged in constructing, operating, building, re -building, repaiiing- or maintaining any street railway in the . City of Salina, shall be governed by and subject to the provisions of this ordinance. Sec. 2. Before any such person, partnership, firm or corporation shall make any excavation or dig any trench or ditch in any of the streets, alleys or other public grounds in the said City of Salina, or shall dig up, remove or disturb, in any manner or to any extent' -any of the paving or macadam on any of the streets, alleys or other pub - lie grounds in said City, for the purpose of building, re -building, repairing or maintaining- any street railway, they shall obtain from the City Council of said City, a permit to do such work. See. 3. For the -purpose of obtaining the permit above provided for, the party desiring to obtain the same shall` file with the City Clerk of Salina a written application asking for such permit. Such application shall state: The• locat ion at which said work is to be done, Second: The purpose for which said work is intended and the na- ture and kind of work intended to be done, giving a full description of the same, j bird : The time when the work is intended to be commenced thereon and the time required to complete the same, -Fourth: The portion they intend to occupy in any street- or alley, both as to length and width, in the performance of said work,. to the exdlusion of the public use of such portion as a public road- way. Fifth: In any case where rails are to be placed on any such street car track, the weight of the rails so to be laid. sixth: Whether the track to be built is to be single or doub- le track, and where it is intended to be laid on the street on which it is to be constructed. Sec. 4.. The City Clerk shall immediately, upon its receipt, forward the application, above provided for, to the Acting Chairman of the Street and Alley Committee, and the Street and Alley Committee and the City Engineer shall investigate the matter of the proposed work. and present such application, and their report and recommendation on the same, to the City Council at the next regular meeting there- after, here-after, Provided however, that if such regular meeting shall occur _362 within four (4) days after the Street and Alley Committee receive said application, they shall make their report and recommendation on the same to the City Council at the next succeeding regular meeting thereafter. Sec. 5. If it shall be consistent with the proper regulation of the public streets of said City, and not in conflict with teh prop- er police regulation of said City, the City Council shall, after hear- ing the report and recommendation of the Street and Alley Committee, and City Engineer, grant the permit applied for, but they shall not grant any permit until an application has been filed therefor, which is not in conflict with the proper regulation of the streets and the proper police regulation of the City; Provided however, that when th e work desired to.be done is repair work" the Street and Alley Committee may grant a permit to do such work, upon the filing of an application therefor, as above provided, and investigation and approval thereof; and, provided further, that in all cases the applicant for a permit shall, before receiving such permit, give to the City of Salina, a good and sufficient bond in the sum e-qual to Two ($2.00) Dollars, for each running foot of single track along which any pavement is to be dug up or disturbed, One ($1:4100) Dollar, for each running foot of sing- le track along which any macadam is to be dug up or disturbed, and Fif- ty cents (500 for each funning foot of single track along which any dirt street is to be dug up or disturbed, none of which pavement, mac adam or dirt street to be dug up or disturbed more than nine f9) feet in width along any line of track and in case of the construction or repair of a double line of track each line of said double track shall be considered as so much single track; such bond shall be approved as to sufficiency by the written approval of the M ayor, and as to form by the City Attorney, and shall be conditioned that such appli- cant will faithfully comply with all the terms and conditions of this ordinance, in operating under such permit, and will indemnify and save harmless the City of Salina, against all costs, expenses, damages and injuries by said City sustained by reason of said applicant operating under the permit applied for. Sec. 6* No person, partnership, firm or corporation building-, re -building or repairing any street railway in the City of Salina shall, at any one time, have more than Five Hundred (500) feet of the surface of any street or alley in said City dug up, removed or dis- turbed; and any such person, partnership, firm or corporation digging up, removing or disturbing any pavement, macadam or dirt on any street or alley in the City of Salina, for the purpose of building, rebuild- ing or repairing any street railway in said city, shall within ten (10) 1 1 1 1 1 TPAY 1 1 1 1 i days, or a less time if reasonable and so specified in the permit to do such work, from the time such pavement, macadam or dirt was so dug up, removed or disturbed at any point- replace such pavement, macadam or dirt at that point on said street or alley and in so far as their work or acts have affected said street or alley, at that point, put the same in a good and serviceable condition as a roadway. Sec. 7. All street pavement, or macadam cut into, dug up, re- moved or disturbed, under any permit herein provided for, shall be replaced and renewed with the same kind of material as that taken up or disturbed and in as perfect and substantial condition as before being taken up or disturbed, and such replacing and renewing of said pavement or macadam shall be done by men experienced in such work and fully qualified to do the same in a proper and workmanlike manner. Sec. 8. All permits issued under this ordinance shall among other things, fix reasonable bounds within which the applicant there- for may occupy the street or alley desired to be excavated or disturbed, in operating undvr said permit, and such applicant shall not occupy more of the street or alley( than such permit provided for, either in prosecuting the work allowed to be done under said permit, or in' pil- ing or scattering material for such work, or in piling or scattering dirt,- or stone thereon, or in any manner- obstructing its use as a pub - lie roadway. Provided, that in all cases where reasonably possible a part of said street or alley shall be kept open for public use as a roadway, during the performance of any work under such permit, and that in order to keep a part of such street or alley open as a public roadway, any person, partnership, company or corporation operating under any such permit shall, when reasonably necessary, keep all ma- terial and dirt, resulting from the performance of such work piled and kept on one side of said street or alley, and the Council may make any other reasonable provision therefor. Provided further, that no dirt or material shall be piled or scattered on the parking or sidewalk along such street, by the @)pplicant operating under said permit, unless perq mission is given so to do in such permit. See. .9. The City Engineer of the City of Salina, shall estab- lish all grades for the construction and laying of street railway tracks in said City and all street railway tracks laid or constructed in the City of Salina, shall be laid and maintained to such grade. Sec. 10. All ties used in the building, re -building or reparing of street railway tracks in the City of Salina, shall be good, straight, sound ties, at least six (6) inches by eight (8) inches in size, and seven f7) feet long, and shall be laid not more than two (2) feet apart, from center to center, on a foundation of broken stone, not less ,than four (4) inches below the bottom of said ties, all well tamped, and 363 on all unpaved streets such broken stone shall extend up between --the ties and to within one-half (1/2) inch of the top of the rails, all to be well rolled, and on all paved streets such foundation shall be not less than five (5) inches deep below the bottom of the ties and such broken stone shallextend up between the ties high enough that the base of the pavment will rest thereon when put in place. Sec. 11. Every person, partnership, firm or corporation owning or operating any street railway in the City of Salina, shall at all times keep that portion of the streets and alleys of said City, occu- pied by their tracks, and lying between the rails thereof and for a dis- tance of one (1) foot on the outside of the rails, on either side of the track, in a good and serviceable condition as a public street and roadway, and shall keep the same clean and free from dirt or other re- fuse matter, and free of weeds, and when it becomes necessary to re- move snow or ice from any such railway tr ack, it shall be so distri- buted over the ramainder of the street or alley as not to interfere with the safe and convenient use of said street or alley, by the pub- lic as'a roadway. No person, partnership, firm or corporation owning or operating a street railway in the City of Salina, shall scatter any dirt, broken stone, gravel or other refuse matter over the streets or alleys of said City, except as in this ordinance provided, and if so scattered otherwise, the same shall be immediately removed by the per- son, firm or corporation scattering it. Sec. 12. Every person, partnership, firm or corporation owning or operating any street railway in the City of Salina, shall at all times maintain good, safe and suitable crossings on all unpaved street crossings, crossed by their tracks. Such crossings to be constructed' of either boards, concrete, cement, broken stone or other suitalbe bal- last, to extend from rail to rail, and one (1) foot on the outside of each rail, and from one side of the cross street to the other, and to come flush with the top of the rails. Provided, that the City Coun- cil may, in all cases where reasonably necesssry for the proper police regulation of said city, or for the proper regulation and maintenance of the streets and alleys thereof, designate which of the above named materials shall be used in the construction of such crossings, and the manner of such construction. Sec. 13. No person, partnership, firm ,or corporation owning or operating a street railway in the City of Salina, shall, at any place in said City construct or maintain its track with one rail of the same on a higher or lower level than the street grade at the point laid or so as to in any manner interfere with the safe and convenient use of any street or alley in said City as a public roadway. 1 1 1 1 TRA y Sec. 18. Ordinance No. 1496, passed and approved, June 21, 19090 is hereby repealed. Sec:. 19. This ordinance shall take effect and be in force from and after its publication once in the Salina Evening Journal. (SEAL) Passed and approved, September 20th, 1915. Attest: � . E. Putnam, Mayor. E. Banker,, City Clerk. STATE OF KANSAS ) COUNTY OF SALINE ) SS. CITY OF SALINA ) I hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the Council and approv- ed by the Mayor of the City of Salina, September 20th, 1915; and a record of the vote on its final adoption is found on Pae'7fof Journal No. 8. �'J City Clerk Sec . 14 . Every person, partnership, firm or corporation owning or operat ing `a street railway in the City Salina, of and using and main- taining any trolley wire in connecting therewith, shall at all times have said trolley wire suspended at least sixteen (16) feet above the surfane of the street on which such trolley wire is located. Sec. 15. Whenever any person, partnership, firm or corporation shall at any point in the City of Salina, have constructed and have in operation a double track, they shall run all cars along said double track on the right side, in the direction in which said car is moving; for a distance of three times the length of said car, and no further, for the purpose of switching from one track to the other. Sec. 16. Nothing in this ordinance, or any permit issued under the provisions hereof, shall be construed as preventing the City Coun- cil from at any time issuing and making any reasonable order or regu- lation in regard to the construction, repair or maintenance of any street railway track in said City of Salina, which in their judgment is necessary for the protection of the public or the proper care and main- tenance of the streets and alleys of said City. Sec. 17. That any company, person, partnership or corporation, owning or operating any street railway in the city of Salina, Kansas, or the president, manager, agent or employee thereof, who shall fail to comply with the provisions of this ordinance shall be deemed guilty of a misdemeanor; and each and every day that any such person, company, part- nership or corporation, or the president, manager, agent or employee thereof, shall fail to comply with the provisions of this ordinance, shall be deemed and is hereby declared a separate and distinct violation hereof. Every person, company, partnership or corporation or the presi- dent, manager, agent or employee thereof, violating any of the provis- ions of this ordinance shall, upon conviction thereof in the police court, be fined in any sum not less than Twenty-five Dollars, x$25.00) and not more than One Hundred (100.00) Dollars, for each and every such offense. Sec. 18. Ordinance No. 1496, passed and approved, June 21, 19090 is hereby repealed. Sec:. 19. This ordinance shall take effect and be in force from and after its publication once in the Salina Evening Journal. (SEAL) Passed and approved, September 20th, 1915. Attest: � . E. Putnam, Mayor. E. Banker,, City Clerk. STATE OF KANSAS ) COUNTY OF SALINE ) SS. CITY OF SALINA ) I hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the Council and approv- ed by the Mayor of the City of Salina, September 20th, 1915; and a record of the vote on its final adoption is found on Pae'7fof Journal No. 8. �'J City Clerk