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96-9757 Streets Sidewalks PubliORDINANCE NUMBER 96-9757 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS 151, 154, 155, 156 AND 158 OF CHAPTER 35 OF THE SALINA CODE PERTAINING TO STREETS AND SIDEWALKS AND REPEALING THE EXISTING SECTIONS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Sections 151, 154, 155, 156 and 158 of Chapter 35 of the Salina Code are hereby amended to read as follows: "Section 35-151 Required. No sidewalks, driveway approaches, curbing, guttering or any other concrete work in any street or public grounds in the city shall be constructed, reconstructed or rebuilt until a permit therefore shall have been issued by the city engineer, and shall be on such form as may be prescribed by the city, and any such plans and specifications referred to in this article shall be deemed to be a part of any such permit. Section 35-154 Who must obtain permits. The permit shall be obtained by the contractor or by the contractor's duly authorized agent desiring to construct the driveway approach or sidewalk. Section 35-155 Issuance. Permits hereunder shall be issued by the city engineer if the city engineer has determined that the contractor has complied with the terms of this article and such rules, regulations and specifications of the city engineer as shall be on file in the office of the city engineer and in the office of the city clerk. Section 35-156 License, security prerequisite to permit. No permit required by Section 35-151 shall be issued to any person from whom a license and security is required until such license shall be issued and security filed and approved. Section 35-158 Security required. (a) Before a permit shall be issued by the city engineer, the applicant must deposit with the city clerk a good and sufficient bond or bank issued irrevocable letter of credit running in favor of the city and conditioned that the applicant shall faithfully carry out all that is required by this article, the rules, regulations and specifications of the city engineer and the permit for which application is made within a period of one hundred twenty (120) days from the date of issuance of the permit. (b) The bond or letter of credit shall be in the principal sum of not less than one thousand dollars ($1,000.00) and shall run to the city as obligee for the benefit of the city and of all persons with whom the principal named therein may contract for the construction of such work, conditioned that any such work shall conform in all respects to the plans and specifications prepared by the city engineer and on file in the office of the city engineer and that any such work shall endure without need of repair for two (2) years from the date of the completion of any such work, and that such contractor will, without charge, make any repairs or replace any such work if the same shall, in the opinion of the city engineer, become so defective as to require repair or replacement within such period of two years (2) . (c) After a permit hereunder has been issued, the bond or letter of credit shall be subject to demand for the full principal sum if the permit holder shall not have completed all of the work authorized by the permit in accordance with this article and the rules, regulations and specifications of the city engineer within a period of one hundred twenty (120) days from the date of 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 that was done under the permit, including curbing and guttering where necessary, all at the expense of the permit holder, applying thereon the proceeds of the required security. (d) As an alternative to the bond or letter of credit referred to above, the city clerk may accept from the contractor a six month certificate of deposit payable to the city in the principal sum of no less than one thousand dollars ($1,000.00), which shall be subject to forfeiture to the city upon the same conditions applicable to a bond or letter of credit, as outlined above. The certificate of deposit shall be retained by the city for two (2) years after the completion of the applicable work, at which time the certificate of deposit may be endorsed back to the contractor if there are no claims by the city or by any person making a claim against the certificate of deposit under subparagraph (b) above. In the case of a breach of performance, the city engineer shall determine the amount of money needed to remedy such breach and may set off the amount from the money on deposit under the letter of credit, after notice to the contractor of such breach and the amount to be set off as determined by the city engineer." Section 2. That the existing Section 151, 154, 155, 156 and 158 of Chapter 35 of the Salina Code are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. {SEAL} ATTEST: O v. 4JudD. L ng, CMC, Ci Clerk Introduced: August 19, 1996 Passed: August 26, 1996 Evelyn Maxwell, Mayor