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1882 Street ExcavationsT PAY ORD INANCE NO. 1882 . (Published. in the Salina Evening Journal September 1915.) An ordinance regulating the making of excavations in the streets and alleys or other public grounds in the city of Salina, Kansas, providing penalties for the violation hereof, and repealing Ordinance No. 1295, and so much of any other ordinance as is in c onf list herewith. Be it ordained by the Mayor and Councilmen of the City of Salina: Section 1 Any person, firm or corporation desiring to make any excavation in any street, alley or other public ground in the City of Salina, :for any reason whatever, except the building, re -building, repairing or maintaining of any streetrailway,'system, shall, before making. such excavation, or any part thereof, secure from the City Coun- cil or the''City Clerk as herein provided, a permit to make such exca- vat i on . ` Sec. 2 ., For the purpose of obtaining the permit above mentioned, the person, -,firm or corporation desiring the same shall file with the City Clerk as written application and signed therefore. Such applica- t ion. shall state, First: The location or place at which such excavation is intend- ed to be made. Second: The purpose for which said excavation is intended and the nature and kind of work intended to be done. bird- The a when such excavation is intended to be made and the time requir a eke suW x ration and complete the refilling of the same as in this ordinance,`'prov' e' . Fourth: The portion they inten occupy in any street or alley, both as to length and width, in making such excavation., and the size of the. excavation itself. Sec. 3. The City Clerk may u din ,receipt of the above application issue a permit to such applicant to make : the excavation desired to be made by said applicant; Provided however, that, before issuing any such permit the =City Clerk shall communicate with the Acting Chairman of the Street and -Alley Committee and secure his approva�mf the permit as a- bout to be issued . Sec. 4. The City Clerk shall in all cases forward to the Acting Chairman of the Street and Alley Committee a copy of any application, filed with him for a permit to excavate In'the, .streets or alleys of the City, and in case said Clerk has tsued a permit=for such excavation he shall immediately forward to such chairman a copy, of ;such permit. The Chairman of the Street and Alley Committee shall make a report at each regular council meeting of all applications for perm'14�toI make excava- tions in any of the streets, alleys or other public grod s of the City. 353 354 Sec. 5G �^,If :a permit has not already been issued to the appli - cant of any pe mit reported to the Council by the Street and Alley Committee, then the;Council shall issue such applicant the permit de- sired; Provided however;--that�no permit shall be issued under any of the provisions of this ord', mance which in any way interefere with the proper regulation of the publ streets, alleys or other public grounds of the City. See. 6. All permits issued by the City Clerk, as provided in this ordinance, shall fix reasonable bounds within which the applicant may excavate thereunder and shall contain such other provisions as may be from time to time directed by the City Council, and` nothing con- tained in any permit or in this ordinance shall be construed as in any manner preventing the City Council from at any time making any reas- onable regulation with respect to excavating in the streets, alleys or other public grounds of the City, either as 'to an excavation already begun or which may thereafter be made. Sec. 7. No permit shall be granted to excavate in any of the paved streets, alleys or other public grounds of the City until the applicant therefor shall have deposited with the City Clerk of the City, Fifteen Dollars, ($15.00) for each opening to be made -in any such street or alley, and in case of an application for a permit to excavate any unpaved street, alley .or other public ground iso permit shall be issued until the Applicant therefor shall deposit with the City Clerk the sum of Five Dollars, ($5.00) for each opening to be made in any such street or alley, Provided, that in no case shall a permit be issued to any party to make an excavation in any street, alley or other public place in the City, unless the applicant therefor has made a deposit of Twenty-five Dollars, (25.00), with the City Clerk of Salina, such deposit to be held by such Clerk until one �1) year after the making of the last excavation by such depositor. Such deposit may be used by the City to repair faulty work done by such depositor in refilling any excavation, or replacing any pavement or, base and if any part of such deposit is so used, then such depositor shall replace such amount and at all times maintain such amount at Twenty-five Dollars, ($25.00) until it is withdrawn. Sec. 8. The money deposited with the City Clerk under the provisions of this ordinance shall remain in the hands of the City Clerk until such time as there shall be filed with him a statement, signed by the Charman of the Street and Alley Committee or by the City Engin- eer, that the excavation for which such deposit was made, has been refilled in a sAt isfact ory manner and in accordance with the terms of 1 P 1 d WAY this ordinance, and that, in case of an excavation in any paved street, alley or other ground, the pavement removed or disturbed for the pur- pose of making such excavation has been properly replaced in accordance with the provisions of this ordinance; at which time such deposit shall be returned to the person depositing the same, or his legal representat- ive, except as is hereinbefore otherwise provided. Sec. -9. Any person, firm or corporation making,any excavation in any of the paved streets, alleys or other public grounds of the City shall have sufficient water in such excavation, while refilling the same, so that, at all times during such refilling,. the dirt being filled therein shall be sufficiently wet to properly settle throughout all parts of the excavation; and if any tunnelling has been done by sjzch person, firm or corporation in such excavation., then such tunnell- ing shall be carefully and thoroughly refilled and tamped solid at all times while being refilled, and if the dirt being refilled into such tunnelling cannot be properly tamped, water shall be kept in such tun- nelling, sufficient to cover the dirt being filled therein; and any person, firm or corporation making any excavation in any paved street, alley or other public ground shall put back into such excavation all of the dirt taken out of the same, and after refilling any such exca- vation., in a paved place, the paving and base shall not be replaced- eplaced- until until at least twenty-four (24) hours after the completion of such re- filling. Sec. 10. Any person, firm or corporation making any excavation in any paved street, alley or other public ground in the City of Sa- lina, shall make the opening through the pavement, for such excavation at least nine (9) inches larger in every direction than they make the excavation itself in the ground below such opening through such pave- ment, and -they shall take care that the shelf of solid earth thus formed around such opening in the pavement shall not be.broken off or in any way destroyed until the pavement removed for such excavation has been completely replaced. Sec. 11. Any person, firm or corporation making any excavation in any of the paved streets, alleys or other public grounds of the City shall, after refilling said excavation as herein provided, thor- oughly clean the edges of the cut made for such excavation, in the pavement and base, so that no dirt or foreign matter shall remain ad- hering thereto at the time said pavement and base is replaced; they shall replace the base of the pavement, in said out, on a solid found- ation of earth, with concrete which shall be one (1) part Portland Cement., two (2) parts Sand and four (4) parts of Crushed Rock, so that such replaced base will unite with the old base of the pavement. 356 They shall then replace the pavement in said cut with the same kind of material as that removed and inas perfect and substantial condition as before being removed or disturbed, for the purpose of making the excavation, and all of such work or replacing such pavement -and base shall be done by men thoroughly qualified to do the same in a proper and workmanlike manner. Sec. 12. In case any pavement replaced by any person, firm or corporation removing or disturbing the same, for the purpose of making an excavation, shall not endure for a period of one (1) year from the time of its replacement, free from settlements, cracks and depressions, then the person, firm or corporation so removing and replacing the same shall take up such replaced portion and again replace the same in accordance with the above regulations for its replacement in the first instance and under the immediate supervision of the City Engin- eer, or if they fail to so replace such portion immediately upon no- tice so to do, the City may replace the same and charge the cost there- of to such person, firm or corporation. Sec. 13. Any person making any excavation in any of the unpaved streets, alleys or other public grounds of the City of Salina, shall refill such excavation in a proper and workmanlike manner, so that it conforms to the original grade of such street, alley or other public ground, and the dirt refilled therein shall all be well tamped or settled with water, and in case such refilling shall settle within one (1) year, such person shall refill the same. Sec. 14. No person, firm or corporation shall at any time, for any purpose whatever, drive any rod or stake through any pavement on any street, alley, or other public ground, in the City of Salina, without first obtaining the written permit of the City Council so to do. Sec. 15. Any person, firm.or corporation, or the president, agent, manager or employee thereof, who shall violate any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof in the pol ice, court shall be fined in any sum not less than Ten Dollars, (10.00) nor more than Three Hundred ($300) Dollars. Sec. 16. Ordinance No. 1295, passed and approved January 15th, 19060 is hereby repealed. Sec. 17. This ordinance shall take effect and be in force from and after its publication once in the Salina Evening Journal. Passed and* approved September 20th, 1915. (SEAL) Attest: Chas. E. Banker, City Clerk. J. E. Putnam, Mayor. 1 1 1 1 1 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 approved by the Mayor of the City of Salina, September 20th, 1915; and a record of the vote �on its final adoption is found on Page �� of Journal N o . 8. a'Z City Clerk. L (Published in the Salina Evening Journal September ORDINANCE NO. 183p,'. An ordinance regulating the making of excavations in the streets and alleys or other public grounds in the city of Salina, Kansas, providing penalties .for the violation hereof, and repealing Ordinance No. 1295, and so much of any other ordinance as is in conflict herewith. Be it ordained by the Mayor and Councilmen of the City of Salina: ct ion 1. Any person, firm or corporation desiring to make any excaion in any street, alley or other public ground in the City of Sal' for for any reason whatever, except the building, re- building, repa��\ing or maintaining of any street railway system, shall, before mak such excavation or any part thereof, secure from the City Council or t�� City Clerk as herein provided, a permit to make such excavation. See. 2. For the pur ..tinned, the person, firm or c with the City Clerk a written, Such application shall state, ing the permit above men - desiring the same shall file p,4pd signed therefore. First: The location or place at tended to be made . h excavat ion is in - Second, The purpose for which said eAavat ion is intended and the nature and kind of work intended to be done\e\n e pav�tion Thibd: The time when sizQhx%is intended toe time required to make such excavation and complrefilling of the same as in this ordinance provided. Fourth: 'the portion they intend to occupyoralley, both as to length and width, in making sand the size of the excavation itself.�, i 0 Sec. 3 . The City C,Lerk may upon receipt of the above appli- cation ppli-cation issue a permihtlicant to make the excavation de- sired to be made by saidrprov1ded however, that before N z fi'' issuing any such permit the City__„] e�4,11 all communicate with the Acting Chairman of the Street and Alieyt^zomittee and secure his approval of the permit as about to be issued!o/. n Sec. 4. .The City Clerk shall. in all cases forward to the Act- ing ct- ing Chairman of the Street and Alley Committee a copy of any appli- cation filed with him for a permit to excavate in the streets or alleys of the city, and in case said clerk has issued a permit for such excavation he•shall immediately forward to such chairman a copy of such permit. The chairman of the Street and alley committee shall make a report at each regular council meeting of all appli- cations for permits to make -excavations in any of the streets, alleys or other public grounds of the City. Sec 5. If a permit has not already been issued to the appli- cant of any permit reported to the Council, by the Street and Alley Committee, then the Council shall issue such applicant the permit desired; Provided however, that no permit shall be issued under any of the provisions of this ordinance which in any way interfers with the proper regulation of the,' public streets, alleys and other public grounds of the City. \6. All permits issued by the City Clerk, as provided in this ordinarrEe\all fix reasonable bounds within which the appli- cant may excavate t reund�,�/tgj'l`i�ll contain such other provisions as may be from time to time e"c,Yed by City Council, and noth- ing contained in an t g y permit or in th - \n�shall be construed as in any manner preventing the City Councils any time making any reasonable regulation with respect to excavat ing the streets, alleys or other public grounds of the City, either as to\ - vation already begun or which may thereafter be made. C' 0 r \Fifte No permit shall be granted to excavate in any of the paved , alleys or other public grounds of the C.ity until the applicrfor shall have deposited with the City Clerk of the City, Dollars, (15.00) for each opening to be made in any such street o�\ alley, and in case of an application for a permit to excavate any\npaved street, alley or other public ground no permit shall be : sued until the applicant therefor shall deposit with the City Clerk the sum of Five Dollars, ($5.00) for each open- ing -to be made in case shall a permit be such street or alley, Provided, that in no any street, alley or oth applicant therefor has s�p t o any party to make an excavation in lace in the Cit unless the �' P_ _ P y with the City Clerk of Sali: until one (1) year, after th depositor. Such deposit may be work done by such depositor in r of Twenty-five Dollars, (25.00), posit to be held by such Clerk he last excavation by such se, Y lae City to repair faulty j. e \l1 any excavation, or replacing any pavement or base and if any pare of such deposit is so used, then such depositor shall replace such% amount and at all times .main - Iain such amount at Twenty-five Dollars\ (,25.00) until it is with- drawn. Sec. 8. The money deposited with they City Clerk under the provisions of this ordinance shall remain in he hands of the City Clerk until such time as there shall be filed \ ith him a statement, signed by the Chairman of the Street and Alley C', .mittee or the City Engineer, that the excavation, for whcih such depo it was made, has been refilled ina satisfactory manner and in all ordance with the terms of this ordinance, and that, in case of an cavation in any paved street, alley or other ground, the pavement r oved or disturbed for the purpose of making such excavation has b en proper- ly replaced in accordance with the provisions of this ordin nee; at which time such deposit shall be returned to the person depos; t ing the same, or his legal representative,, except as is hereinbefo otherwise provided. - 11 Sec. 9. Any person, firm or corporation making any excavation in any f the paved streets, alleys or other public grounds of the City sha _have sufficient water in such excavat ion, while ref ill- ing the sa\tamped at, at all times during such refilling, the dirt beingherein, shall be sufficiently wet to properly settle thrll parts of the excavation; and if any tunnell- ing has bey such person, firm or corporation in such ex- cavat.ion, tunnell ing shall be carefully and thoroughly refilled' solid at all times while being refilled, and if the direfi\led into such tunnelling cannot be properly tamped, water shall be ',\pt in such tunnelling, sufficient to cover the dirt being filled the'\in; and any person, firm or corporation making any excavation in an �pave 41 street, alley or other public 0 .� ground shall put back intor` su ex,.o-e ion all of the dirt taken out of the same, and after refi in,,,,,, . such excavation, in a paved place, the paving and base be replaced thereon unt it at least twenty-four (24) hours aftr t= mplet ion of such re- filling. e- filling. �R Sec. 10. .any person, firm or cor,or4 '°n making any excavation j� in any pawed street, alley or other publi\ ground in the City of Salina, shall make the opening through the".avement, for such exca- vation, at least nine (9) inches larger in e ry direst ion than they make the excavation itself in the ground below uch opening through such pavement, and they shall take care that the. helf of.solid earth thus formed around such opening in the pave ent shall not be broken off or'in any way destroyed until the pavemeri removed for such excavation has.been completely replaced. Sec. 11. Any person, firm or corporation making a y excavation in any of the paved streets, alleys or other public ground of the City shall;, after refilling said excavation as herein proved d, thoroughly clean.the edges of the cut made for such excavation, in the pavement and base, so that no dirt or foreign matter shall\\ main adhe ng thereto at the time said pavement and base is replaced; they s 11 replace the base of the pavement, in said cut, on a solid foundati of earth, with concrete which shall be one (1) part Portland C ent , two (2) parts Sand and four (4) parts of Crushed Rock, so tha such replaced base will unite with the old base of the pavement; ey shall then replace the pavement in said cut with the same kind of aterial as that removed and in as perfect and substantial conditi n as before being removed or disturbed, for the purpose of making the excavation, and all of such work or replacing such pavement and base all be done by men thoroughly qualified to do the same in a proper a d workmanlike manner. Sec. 12. In case any at4mep NI,, replaced by any person, firm or corporation removing or diu he same, for the .purpose of r� Y4 making an excavation, shall notnc,e, r a: period of one .(1) year from the time of its replacement, r ,f �` ,o,t settlements, cracks and depressions, then the person, firm carp ion so removing and replacing the same shall take up such e".,wed portion and again replace the'same in accordance with the b regulations for its replacement in the first instance and unde the immediate super- vision of the City Engineer, or if they. fail to so replace such portion immediately upon notice so to do, the 'ty may replace the same and charge the cost thereof to such person, irm or corporation. Sec. 13. Any person making any excavation in`�qny of the un- paved streets, alleys or . other public grounds of the\anne na, shall refill such excavation in a proper and workmanlso that it conforms to the original grade of such streetther public.ground, and the dirt refilled therein shall almped or settled with water, and in case such refilling shath- in one (1) year, such person shall refill the same. See. 14 . No person, firm or corporation shall at any time, for any purpose whatever, drive any rod or stake through any pavement on any street, alley or other public ground, in the City of Salina, without first obtaining the written permit of the City Council so to do. Sec. 15. Any person, firm or corporation, or the -president, agent, manager or employee thereof, who shall violate any of the provisions of this ordinance shall be deemed guilty .of a misdemeanor and upon conviction thereof in the police court shall be fined in any, sum not less than Ten Dollars, .($10.00), nor more than.Three Hundred ($300.00) Dollars, Sec. 16. Ordinance No. 1295, passed and approved January 15th2 1906, is hereby repealed. Sec. 17. This ordinance shall take effect and .be in force from and after its publication once in the official city paper. Passed and approved, September 90+i, Attest: p City Clerk. I al F