1884 Building in RailwaysrPAY
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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
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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)
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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
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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.
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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