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: