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3644 Regulating ExcavationsORDINANCE NO. 3644 (Published in the Salina Journal 19) nN ORDINANCE relating to and regulating excavations in the streets, alleys and other public grounds in the City of Salina, pro- viding for the method of doing such work and of refilling the same and of repairing the pavement covering the same and providing the penalty for the violation of the provisions of this ordinance, and repealing certain ordinances or parts of ordinances of the City of Salina. BE I12 OhD,.INED by the Board of Commissioners of the City of Salina, Kansas; Section 1. No person, firm or corporation shall make any excavation in any street, alley or other public ground in the City of Salina, for- any purpose whatsoever, except excavations required for work under contract with the City of Saline for which usual performance and maintenance bonds are required, until he shall first secure from the City Engineer permit countersigned by the City Clerk to make such excavation. Section 2. For the purpose of obtaining the permit above mentioned, the person desiring the same shall file with the City Engineer a written application, signed by such person, which shall show the location, size and purpose of the excavation and such other information as may be required by the City Engineer•. A duplicate copy of such application approved by the City Engineer, and on which he shall note the amount of the estimated deposit, as re- quired by section 4 of this ordinance, shall be filed with the City Clerk. Section 3. No such permit shall be granted until there shall be filed with the City Clerk and approved by the Board of be Commissioners a bond to/given the applicant as principal with good and sufficient sureties approved by the Board of Commissioners, in the principal sum of not less than 1p2,000 running to the City of Salina as obligee for the benefit of the City of Salina and any other person who may be injured by any violation of the conditions thereof, such bond to be conditioned for the faithful performance by the principal thereof of all work which may be done by him within the period covered by said bond under any permit which may be granted to him under the provisions of this ordinance for the making of any excavation in any street, alley or other public grounds in the City of Salina, and that all work done thereunder shall be done in strict conformity with all ordinances of the City of Salina relating to such work and in accordance with the plans and specifications of the City Engineer relating thereto, and that the principal in said bond will indemnify and save harmless the said city, and all other persons against all costs, damages and injuries sustained by said city or by any other person whomsoever, by reason of the carelessness or neglect pf the principal of said bond or his agents, servants, employees or representatives, either on account of their failure to comply with the provisions of the ordinances of the City of Salina relating; to such work or with the rules and regulations adopted pursuant thereto or with any of theplans and specifications governing the performance thereof, or otherwise; and no bond so given by any person shall be cancelled nor shall the surety thereon be relieved from further liability under any such bond until he shall file with the City Clerk a notice in writing at least ten days prior to the date of the cancella- tion thereof of the intention of said surety of its cancellation of liability under such bond and after the filing of such notice with the City Clerk, no further permit shall be granted to the principal in any such bond so cancelled until a new bond shall have been filed and approved, and provided further that no cancellation of any bond shall affect the liability of the principal or surety thereupon on any work done pursuant to any permit issued prior to the receipt of the notice of such cancellation. Section 4. No such permit shall be granted to any person until he shall deposit with the City Clerk a sum sufficient to cover the cost of refilling said excavation and of replacing, re- pairing and maintaining any pavement over such excavation as pro- vided for herein, the amount of deposit so required to be estimated by the City engineer as provided for in Section 2 of this ordinance, in no case to be less than X10.00. The City yngineer shall prepare a schedule of charges, to be approved by the City Commission, for the refilling of and the replacing, repairing and maintenance of the pavement over such excavation, which schedule, when so approved shall be filed in the office of the City Clerk and the City Engineer. Section 5. The filling and tamping of all such excavations and the repair of all pavements over any such excavation shall be done by the Street Department on order of the City j''ngineer and in accordance with the specifications for such °jiork prepared by the City Engineer. The City Engineer shall as soon as possible after, the taking effect of this ordinance, and from time to ti ,:e thereafter when ordered by the Board of Commissioners, prepare standard plans and specifications for the Laking of excavations in the streets, alleys and other public grounds in the City of Salina and for the making of pavement cuts and for refilling and tamping the same and for repairing pavements, which shall be submitted to the Board of Commissioners for approval, and when so approved shall be filed in the office of the City Clerk and the City engineer, and it shall be 9 fl A ,' jj , a condition of any permit issued under this ordinance that the person receiving the same shall comply in all respects with all such standard plans and specifications. Section 6. Upon notification by the City .Ingineer that any excavation is to be refilled the Superintendent of Streets shall, within 24 hours, exclusive of Sundays and legal holidays, take charge of such excavation and shall refill the same and make all necessary paving repairs all in accordance with the plans and specifications of the City '-'ngineer, and shall certify to the City Clerk the quantities of filling and paving repairs required and the total charges as calculated from such quantities and the schedule of charges prepared by the City Engineer shall be charged against the person obtaining the permit for the excavation, and taken out of the deposit made when the permit therefor was issued, and the balance, if any, refunded to such person, or if the deposit is found to be insufficient to pay such charges, such person shall pay the balance due thereon to the City Clerk immediately on de- mand; Provided, however, that the City Engineer may permit any public service corporation to furnish labor and materials and re- fill excavations and repair pavements under the superivision of the Street Department, in which case the deposit to cover cost of repairs may be waived and the charges against the public service corporation shall be the actual cost to the Street Department of such supervision plus 25j6 for overhead, but the application and permit required by this ordinance shall be reouired in all cases and all such work shall be done strictly in accordance with the plans and specifications of the City Engineer as herein provided for. Section 7. The person to whom any such permit is issued shall notify the City Engineer in writing when he is ready for the excavation to be refilled. The City Engineer note thereon the time of receipt of such notice and shall immediately order the Street Department to refill the excavation and the Street Department shall within twenty-four, hours, exclusive of Sundays and legal holidays, take charge of such excavation and shall thereafter maintain the necessary carriers, barricades and lanterns until the refilling and repaving is completed and ready to open to traffic. The person to whom the permit is issued shall maintain all barriers, barricades and lanterns and shall be re- sponsible for all damages or injuries arising from or incidental to such excavation until same has been taken charge of by the Street Department as provided for above or until the expiration of twenty-four hours, exclusive of aundays and legal holidays, after the City Engineer has received written notice that the excavation is ready for refilling, and after the expiration of said twenty-four hours, exclusive of Sundays and legal holidays, from the receipt of notice by p3i the City Engineer, the person making such excavation under any such permit shAll not be liable in connection with any injuries which may be sustained in connection with such excavation except such as may result from defective work none by such person in connection with such ex- cavat.on, or the actual negligence of such person. Section B. hll money received by the City to pay the cost of refilling excavations and repairing pavements shall be credited to the Street Department Fund. Section 9. That Sections 1, 20 32 61 72 80 9, 10, 11, 12 and 13 of ordinance 1882 being Sections 26-101 to 26-111, inclusive, of Revised Ordinances 1925, be and the same are hereby repealed and that all other ordinances or parts of ordinances specifically in conflict with the provisions of this ordinance be and the same are, insofar as they conflict herewith, hereby repealed; Provided, however, that such repeal shall not affect the liability or the duties of any person, firm or corporation who has heretofore made any excavation or repaired any pavement under the provisions of the ordinances or parts of ordinances hereby repealed or for which permits have been issued under such ordinances or the liability of any person, firm or corporation under any bond given pursuant to such ordinances, or their liability to repair and maintain any pavement over any cuts heretofore made by them under such ordinances; and provided further that the ordinances hereby repealed shall remain in effect until the filing and approval'of the plans- And lan -said specifications and the schedule charges to-be:prepared and filed by the City 4Ingineer as provided for in this ordinance. Section 10 This°,ordinance shall take effect and be in force on January 1st, 1929, and after its publication in the official city paper. Attest: Introduced, December 11th, 1928 Passed ---- December 26th, 1928 Chas. E. Banker City Clerk Guy T. helvering Mayor STATE OF KAMM ) ) SS COUNTY OF SALINE ) I. Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance leo. 3644 passed and approved by the Board of Commissioners of the City of Salina December 26th, 1928; and a record of the vote on its final aaoption is found on pagelX journal iso. 12 City c ork } �,c ( Published in the Salina Journal aut_., 3 4-,� 19-Y ) ORDINANCE NO. 3644 AN ORDINANCE relating to and regulating excavations in the streets, - - alleys and other public grounds in the City of'Salina, pro- viding for the method of doing such work and of refilling the same and of repairing the pavement covering the same and providing the penalty for the violation of the provisions of this ordinance, and repealing certain ordinances or parts of ordinances of the City of Salina. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. No person, firm or corporation shall make any excavation in any street, alley or other public ground in the City. of Salina, for any purpose whatsoever, except excavations required for work under contract with the City of Salina for which usual performance and maintenance bonds are required, until he shall countersigned by the City Clerk first secure from the City Engineer permit/to make such excavation. Section 2. For the purpose of obtaining the permit above mentioned, the person desiring the same shall file with the City Engineer a written application, signed by such person, which shall show the location, size and .purpose of the excavation and such other information as may be required by the City Engineer. 'A duplicate copy of such application approved by the City Engineer, and on which he shall note the amount of the estimated deposit, as required by Section 4 of this ordinance, shall be filed with the City Clerk. Section 3._, No such .permit shall be granted until there shall be filed with the City Clerk and approved by the Board of Commissioners a bond to be given the applicant as principal with good and sufficient sureties approved by the Board of Commissioners, in the principal sum of not less than 02,000, running to the City of'Salina as obligee for the benefit of the City of Salina and any other person who may be injured by any violation of the conditions thereof, such bond to be conditioned for the faithful performance by the principal thereof 1p of all work which may be done by him within the period covered by r r . said bond under any permit which may be granted: to him under the provisions of this ordinance for the making of any excavation in any street, alley or other public grounds in the City of Salina, and that all work done thereunder shall be done in strict con- formity with all ordinances of the City of Salina relating to such work and in accordance with the plans and specifications of the City Engineer relating thereto, and that the principal in said bond will indemnify and save harmless the said city, and all other persons against all costs, damages and injuries sustained by said city or by any other person whomsoever, by reason of the careless- ness or neglect of the principal of said bond or.his agents, ser- vants, employees or representatives, either on account of their failure to comply with the provisions of the ordinances of the City of Salina relating to such work or with the rules and regulations adopted pursuant thereto or with any of the plans and specifications governing the performance thereof, or otherwise; and no bond so given by any person shall be cancelled nor shall the surety thereon be relieved from further liability under any such bond until he shall file with the City Clerk a notice in writing at least ten days prior to the date of the cancellation thereof of the intention of said surety of its cancellation of liability under such bond and after the filing of such notice with the City Clerk, no further permit shall be granted to the principal in any such bond so can-, celled until a new bond shall have been filed and approved, and provided further that no cancellation of any bond shall affect the liability of the principal or surety thereupon on any work done pursuant to any permit issued prior to the receipt of the notice of such cancellation. Section 4. No such permit shall be gbanted to any person until he shall deposit with the City Clerk a sum sufficient to cover the cost of refilling said excavation and of replacing, re- pairing and maintaining any pavement over such excavation as provided for herein, the amount of deposit so required to be estimated by the City Engineer as provided for in Section 2 of $his ordinance, in no case to be less than $10.00. The City gngineer shall prepare a schedule of charges, to be approved by the City Commission, for the refilling of and the replacing, repairing and maintenance of the pavement over such excavation, which schedule, when so approved shall be filed in the office of the City Clerk and the City Engineer Section 5. The filling and tamping of all such excavations and the repair of all pavements over any such excavation shall be done by the Street Department on order of the City Engineer and in accordance with the specifications for such work prepared by the City Engineer. The City Engineer shall as soon as possible after the taking effect of this ordinance, and from time to time thereafter when ordered by the Board of Commissioners, prepare standard plans and qoecifications for the making of excavations in the streets, alleys and other public grounds in the City of Salina and for the making of pavement cuts and for refilling and tamping the same and for repairing pavements, which shall be sub- mitted to the Board of Commissioners for approval, and when so approved shall be filed in the office of the City Clerk and the City Engineer, and it shall be a condition of any permit issued under this ordinance that the person receiving the same shall, comply in all respects with all such standard plans and specifi- cations. Section 6. Upon notification by the City Engineer that any excavation is to be refilled the Superintendent of Streets shall, within 24 hours, exclusive of Sundays and legal holidays, take charge of such excavation and shall refill the same and make paving all necessary/repairs all in accordance with the plans and speci- fications of the City Engineer, and shall certify to the City Clerk the quantities of filling and paving repairs required. and the total charges as calculated from such quantities and the schedule of charges prepared by the City Engineer shall be charged against the person obtaining the permit for the excavation, and taken out of the deposit made when the permit therefor was issued, and the balance, if any, refunded to such person, or if the deposit is found to be insufficient to pay such charges, such person shall pay the balance due thereon to the City Clerk immediately on de- mand; Provided, however, that the City Engineer may permit any public service corporation to furnish labor and materials and re- fill excavations and repair pavements under the supervision of the Street Department, in which case the deposit to cover cost of re- pairs may be waived and the charges against the public service corporation shall be the actual cost to the Street Department of such supervision plus 25% for overhead, but the application and permit required by this ordinance shall be required in all cases and all such work shall be done strictly in accordance with the plans and specifications of the City Engineer as herein provided for. All monies so received shall be credited to the Street Dept. Fund. Section 7. The person to whom any such permit is issued shall notify the City Engineer in writing when he is ready for the excavation to be refilled. The City Engineer note thereon the time of receipt of such notice and shall immediately order the Street Department to refill the excavation and the Street Department shall wtthin twenty-four hours, exclusive of Sundays and legal holidays, take charge of such excavation and shall thereafter maintain the necessary barriers, barricades and lanterns until the refilling and repaving is completed and ready to open to traffic. The person to whom the permit is issued shall maintain all barriers, barricades and lanterns and shall be responsible for all damages or injuries arising firom or -incidental to such excavation until same has been taken charge of by the Street Department as provided for above, or until the expiration of twenty-four hours, -exclusive of Sundays and Legal holidays, after the City Engineer has received written notice that the. excavation is ready for refilling, and after the expiration of said twenty four hours; exclusive of Sundays and legal holidays, from the receipt of notice by the City Engineer, the person making - such excavation under any such permit shall not be liable in con- nection with any injuries which may be sustained in connection with such excavation except sucIg as may result from defective work done by such person in connection with such excavation, or the actual negligence of such person. Apation a. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be punished by a fine of not less than $10.00 or more than $50.00 for each offense, and each day upon which any violation shall continue shall be deemed a sepa- rate offense. Section 9. That Sections 1, 2, 3, 6, 7, 80 9, 10, 11, 12 and 13 of Ordinance 1882 being Sections 26-101 to 26-111, inclusive of Revised Ordinances 1926, be and the same are hereby repealed and that all other ordinances or parts of ordinances specifically in conflict with the provisions of this ordinance be and the same are, insofar as that conflict herewith, hereby repealed; Provided, however, -that such repeal shall not affect the liability or the duties of any person,firm or corporation who has heretofore made any excavation or repaired any pavement under the provisions of the ordinances or parts of ordinances hereby repealed or for which permits have been issued under such ordi- nances or the liability of any person,firm or corporation under any bond given'pursuant.to such ordinances,or their liability to repair and main- tain any pavement over any cuts heretofore made by them under such ordi- nances;and provided further that the ordinances hereby repealed shall re- may. A main in effect until the filing and approval of the plans and specifications and the schedule charges to be prepared and filed by the City Engineer as provided for in this ordinance. lection 10._ This ordinance shall take effect and.be in force on January 1st, 1929, and after its publication in the official city paper. OF I Introduced, December 11th, 1928. Passed --.--- December 26th, 1928. Attest. City Clerk. Mayor .40