1695 Regulating Filling Excavations(Published in the Salina Evening Journal September )�, , 1912),
a
ORDINANCE NO.
-Z
An ordinance regulating the manner of making and fillin-a excavations in
,he streets and alleys.of the city of Salina., the faking out of
permits therefor providing enalties for violation of the provis-
ions thereof and repealing 8rdinance No. 1295, passed and approved
January 15 1906, and all other ordinances and parts of ordinances
in eonYliA with this ordinance.
Be it, ordained by the Mayor and Councilmen of the city of Salina:
Excavations; connections; conditions:' Section 1. No person, per-
sons, company or corporation shall open, uncover, or in manner mame.any
connection with or lay any sewer, drain., gas, steam, water or other pipe
or conduit,jor dig any hole, ditch or trench, or make.any excavations or
tunnel in or under any street, avenue, alley, pavement, sidewalk or
cross -walk, in the city of Salina, without first having taken out the
permit and given the bond as hereinafter provided; and no person, per-
sons, company or corporation shall hinder or obstruct the making or re-
pairing of any hole, ditch or excavation in any street, alley, pavement,
sidewalk or cross -walk which is being made or -repaired in pursuance of
any permit issued as herein provided.
A plication permiti bond. Sec. 2. Any person, persons, company
or corporation.desiring to make any of the connections, lay any of the
pipes or.conduits, or make any of the excavations or tunnels herein pro-
vided for in section one of this ordiance, shall first make application
to the city for a permit therefor. If -such appli-
cation is approved by .such=�-�d� ______, he shall issue the permit
applied for. The said permit shall cover only one specified piece of
sha 11
work. No permit xiii be .granted unless the applicant gives or has
given to said city a bond in the sum of $ POD ®® to be approved
as to sufficiency by the mayor and to be approved as to form
by_the city attorney, conditioned that said party will faithfully gomply.
with all the terms and conditions,of this ordinance and all rules and
(2)
regulations made in pursuance thereof, and indemnify and hold said city
harmless against all costs, expenses,axd damages and injuries by said
city sustained by reason of the carelessness and neglect of .said party
in operating undefany of the provisions of this ordinance, or byreason
of any failure or neglect to comply with any of its provisions or any
rules and regulations made in pursuance thereof. No bond for this pur-
pose shall run imkVm for a longer period than two years without being
renewed, and said bond shall remain in force -and effect as'to each ex-
cavation or piece of work for one year after the same was made or done.
ADDlicationi contents;ep rmit. Sec. 3. Any person, persons, com-
pany or corporation desiring a permit shall file with the city e
a written application for the same, and.said application shall contain:
First. The location or place at which the work is to be performed.
Second: The purpose for which the same is intended.
Third. The dimensions --length, breadth and depth—thereof.
Fourth. The tijie when the work is to be.commenced thereon.
Fif th.l The time required to complete the same.
All permits shall be issued in the name of the cit�r& _. All
work done under said permits. -shall be done under the direction of and to
6
,the satisfaction. of the cit yf . If any person, company or cor-
poration shall ' persistently°f all refuse or neglect to _comply with the
provisions of this ordinance, or any reasonable orders or directions of
the City engineer in reference thereto, the said city eagmiiw may refuse
to issue any further -permits to said party.
Streets -Pavement, limitation. Sec.. 4. Whenever a street, avenue -r
or alley is about to be paved, the city engineer, or his authorized rep-
resentative, shall notify the property holers, lessees or tenants on
such street, avenue or alley, so that all water, steam, gds, drain or
sewer connections- can be made prior to the paving of the same. After
the sub -grade has been rolled, preparatory to the laying of the pave-
ment, no permit shall be issued for the excavation in or on said street
tithin twelve months from the completion of the paving, except for the
.purpose of repairing leaks in any water, steam, gas, drain, sewer or
other pipe or conduits, meaning hereby to p[ffxmit prohibit excavations
for all a& work in'said block within the time above mentioned.
Imeavations; signals' regulations. Sec. 5. Every person, persons,
company or corporation .to whom any permit is issued, as hereinbefore
provided, shall enclose all.excavations which he or they may make in the
public streets, avenues or alleys with sufficient barriers and danger
signals at all times, and must maintain sufficient red lights at ni&it,
and must take all the necessary precautions to guard the public against
all accidents from the beginning of said work to the completion of the
same, and shall only make such excavations on condition that he is or
they are liable for all damages that may result from the necessary pros-
ecution against the city of Salina.in consequence of any accident or
accidents to persons, animals, vehicles, conduits or property of any
kind, and such persons, persons, company or corporation shall also be
liable to. the city of Salina on their bond for the same. Trenches or
ditches in depth of six -feet or more, anti. in all -made or otherwise
treacherous soil, or near buildings, the tides of said trenches or
ditches shall be so braced as to prevent caving or injury to the-adjoin-
ing
he adjoin-ing premises; and the party excavating and his bondsmen shall be liable
to said city for all damages arising by reason of the neglect or care-
lessness in this respect. All excavating and refilling shall be made
with such material and in such manner as may be directed by the city en-
gineer, or his authorized representative, and all paving, curbing, gut-
tering or macadamizing shall be replaced and renewed in as perfect and
substantial condition as before being disturbed; and all such paving,
curbing, Tittering and macadamizing shall be done by men who are exper- /
fenced in such work and fully qualified ,to do the same in a proper and
substantial manner. Any directions that may be given, either in writing
or orally, by the city engineer, or any person intrusted with the super --
vision of such work, to any person, persons,or corporation engaged in
making or refilling any such excavation shall be immediately obeyed; and.
the violation of such directions, or the failure to perform the same,
shall be deemed a violation of the provisions of this ,ordinance. All
parties making excavations under the provisions of this ordinance in any
of the streets, avenues, alleys or sidewalks of said city, shall, at all
times, be required to keep open in said streets, avenues, alleys and
sidewalks good, sufficient, secure and unobstructed passageways for the
safe. pas sage of all vehicles and pedestrians
Return permit_ insypection. Sec. 6. All permits issued under the
provisions of this ordinance shall be returned to' the city
on the completion of the work permitted, and within three days after
the expiration of said permit or order, with a certificate thereon
signed by the person to whom issued that the work permitted thereby has
-been done and performed in conformity. therawith and all ordinances re-
la
e-
luting to such work; whereupon it shall be the duty of the
—_`—to inspect said work, and if he find that the said work has not
been done as' certified he shall notify the party to whom such permit
was issued of such fact, and if such .party shall fail, within the next
succeeding twenty-four hours, to put such work in such condition as such
-ads shall direct, he or it shall be deemed guilty of a violation
of this ordinance.
Removal _af:�si pals. etc. rSec: Any person, persons, company or
corporation who shall make or attempt to make any excavation or refill.
the same, or do or attempt to do any other act in violation of the pro-
visions of this ordinance, or any person, company or corporation who
shall remove or attempt to remove from the site of the excavation or
worany of the barricades, danger signals or lights, required by the
provisions of this ordinance, shall,be,deemed guilty of a violation of
the terms and provisions of this ordinance.����E
_ InPenalt�c Anjj personwho violates any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and, upon con-
viction thereof, shall be fined in a sum not less than tloia ($9.00) dol-
lars nor more than one .hundred ($100.00) dollars.'( t j? II .�-, i % - t o - "I I 1�
Repeal. Sec. 9. That Ordinance No. 1295, passed and approved
January 15, 1906, being an ordinance entitled "an ordinance preventing
excavations in the streets, alleys and other public grounds of the city
of Salina., except as herein provided, and providing a penalty therefor,
and repealing section 32, md,of Ordinance No. 635," and all other or-
dinances or parts of ordinances in conflict with this ordinance, be
►--._ and the same are hereby repealed.
Take effect. Sec. 10. This ordinance shall take effect and be in
force from and after its publication once in the Salina Evening Journal.
Passed and, approvedUptmviaw� _ , 1912.
Attest:
C Z - - - A-- - I a � 41' �Ye r -E
a
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