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