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
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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
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