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5869 Roadway SurfacingGWINANCE NUMBER 5869 -- - - ;O,S01 T), r. -D -GALE A (First Published in the Salina Journal 1 1 AN CRDINANCE amending Chapter 23, 1948 Revised Ordinances of the City of Salina, Saline County, Kansas, by adding thereto Article 12, providing for and regulating the surfacing orl resurfacing of roadways and curbing and guttering thereon; providing for the issuance and revocation of permits and penalties for violations thereof. BE IT ORDADW by the Board of Commissioners of the City of Salina, Kansas: Article 12 --Surfacing and Resurfacing of Roadways. Section 1. Definitions. For the purpose of this ordinance, the following definitions shall apply to these words: (a) Street - The area between opposite property lines that has been dedicated or condemned for use by the City as a public street. (b) Roadway - The improved portion of a street. (c) Person - Every natural person, firm partnership, association or corporation. Section 2. General. (a) It shall be unlawful for any person to construct, recon- struct, surface or resurface any roadway or part thereof without first obtaining a permit for roadway construction, as hereinafter provided. (b) No permit diall be issued for roadway construction: (1) Unless the area where such construction is to take place shall have been formally dedicated or condemned in,accordance with law for use by the City as a public street; (2) Unless the roadway has previously been curbed and guttered in accordance with specifications currently on file in the office of the City Engineer or unless said roadway shall be so curbed and guttered at the time of the surfacing or resurfacing thereof; and (3) Unless it shall be constructed of material and quality at least equal to the immediately abutting existing roadway, (c) All permits granted for the use of public property under the terms of this ordinance shall be revocable at the will of the City Commission. Section 3. Application for permit_ Any persm desiring to construct, reconstruct, surface or resurface a roadway in the City of Salina either for himself or for others, whether or not for hire, shall first make application to the City Engineer for a permit therefor, said application to be in writing upon a form provided by the City, and made available at the office of the City Engineer. Such application shall contain information' i showing: (a) Type and estimated cost of construction; (b) The dimensions of the proposed roadway; j (c) The location of said roadway within the+Qty as well as its location within the street; and such other information as may be required by the City Engineer. The application shah be filed by the property owner desiring to construct said roadway or by his duly author - ized agent. Section . Issuance of Permit: Bond. Such permit shall be issued by the City Engineer if he has determined that the applicant has complied with the terms of this i ordinance and such rules, regulations and specifications of the City Engineer as shall be on file in his office and in the office of the City Clerk. The roadway shall be completed within 120 days after the date of issuance of such permit. Before a permit shall be issued by the City Rngineer,the applicant must deposit with the City Clerk a good and sufficient bond running in favor of the City of Salina and conditioned that the applicant shall faithfu_Uy carry out all that is required of him by this ordinance; and the rules, regulations and specifications of the City Engineer that he shall hold the City of Salina harmless against all claims, loss or damage which it may sustain or suffer by reason of arW breech of the terms and conditions of this ordinance by said principal, or by reason of any injury to persons or property occasioned by the action of said principal or his employees or agents; and that said principal shall maintain the improvements to be con - strutted by him as provided for in this ordinance and shall repair and make good all or defects in material/workmanship that might occur within a period of two years after the date of completion thereof. After suchpermit has been issued the bond shall be forfeited if the permit holder shall not have completed all of the work authorized by the aaid permit in accordance with this ordinance and the rules, regulations and specifications of the City Engineer within a period of 120 days from the date of the issuance of the permit, and the City shall be authorized to restore the parcel of land involved to the condition in which it existed prior to the commencement of any work, or, if financially more practi- cal, to complete the work and, in either event, charge all of the expense, including curb- i ing and guttering where necessary, to the permit holder, applying thereon the proceeds of the said bond. If the work shall be completed in accordance with the permit, this ordinance and the said rules, regulations and specifications of the City Engineer within a period of 120 days from the date of the issuance of the permit, the bond shall be null and void, Such bond shall be in an amount equal to half again the value of the improve- ments, as shown on the application for the permit and shall be prepared and executed in accordance with the provisions of Chapter 4, Revised Ordinances of the City of Salina, 1918, except that such bond need not be approved by the City Attbrney and City Commission, but must be approved by the City Engineer. Section 5. Supervision; Specifications. All work done under a permit issued in compliance with this ordinance shall be underthe direction and supervision of the City Engineer, who is hereby authorized to make the necessary rules, regulations and specifi- cations with respect to materials for and method of construction of such roadway. Such rules, regulations and specifications shall bekept on file in the office of the City Engineer and the City Clerk at all times. A permit issued under the provisions of this ordinance may be revoked by the City Engineer at any time he is satisfied that the work is not being performed according to the provisions hereof. The plans and specifications for any such work are now on file in said offices, are before the commission and are here- by approved and adopted. Section 6. Construction. In addition to the rules, regulations and specifications promulgated by the City Engineer with respect to roadway construction, the following 1 u 1 CO\SOLID AT= D L'F!. requirements shall be deemed to lie the minimum requirements for work done under the provisions of this ordinance; (a) Subgrade Preparation --The subbase shall be a six inch (6") sand -gravel stabalized base of not less than 300 pounds added per square yard. This work whall include the delivery of materials to the site and sprinkling, blading, rolling and lightly scarifying where necessary to get the proper crown, which shall be in accordance with the standard specifications of the City Engineer. (b) Surfacing --The surfacing aggregate shall be sand -gravel type U-1, with percentages retained in standard mesh sieves as follows: 0% on 111, 0-5% on 3/41', 0-20% on 3/8" with a fineness modulus of 4.00 to 5.00. The aggregate is to be placed in uniform windrows along the roadbed and spread inlayers, additional water added if necessary and rolled. Compaction shall be obtained by the use of sheeps foot or pneumatic tired rollers, or equivalent equipment. Rolling shall be accompanied by sufficient blading to insure a smooth surface, which shall be free from ruts and ridges withthe proper section and crown as required above. The materials for blacktopping shall consist of a penetration of 0.3 to 0.4 gallons per square yard of MC 1 or MC 2, two seal coats of 0.4 to 0.6 gallons per square yard of RC 3 or RC 4 with a cover of approxi- mately 35 pounds of sand or chat per square yard. (c) Dimensions and Locations -The dimensions and location of the roadway must be approved by the City Engineer as being consistent I with surrounding and adjoining existing or contemplated roadways. Section 7. Saving Clause. If any section, part or phrase of this ordinance shall be' j i held illegal, unconstitutional or void, this shall not be construed to render void any other provision or requirement of this ordinance. Section 8. Violations; Penalties. Any person who shall violate any of the pro- visions of this article, or who shall not comply with the (1) terms and conditions of isuch permit and (2) the said rules, regulations and restrictions of the City Engineer, as to the completion of said roadway, or as to the specifications for the construction I thereof, approved as aforesaid, shall be deemed to be guilty of a misdemeanor and shall, upon conviction thereof, be sgbject to a fine of not more than $100.o0. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provisions of this ordinance is committed continued, i suffered or permitted. Section 9. Effective Date. This ordinance shall take effect and bein force from and after its publication once in the official city paper. Attest: 1' City Clerk Introduced: June 21, 1954 Passed: