3201 Issuing PermitsOrdinance providing for and requiring a bond to be given by -all
persons, firms or corporations securing permits to excavate
in the streets, alleys or other public grounds in the City
df Salina, Kansas, defining the conditions thereof and re-
pealing all ordinances or parts of ordinances in conflict
herewith.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That before any permit, as required by any ordin-
ances of the Cityof Salina now exisiting or hereafter adopted, shall be
given to any person, firm or corporation to make any excavations in
any street, alley or other public grounds in the City of Salina, for
any reason whatsoever, and before any person, firm or corporation shall
make any such excavation, such person, firm or corporation shall file
with the City Clerk of said City, a bond in the sum of One Thousand
($1000.00) Dollars, running to the City of Salina as obligee, with a
surety company duly authorized to do business in the State of Kansas
and having a resident agent in the City of Salina as surety, to be
approved as to sufficienty by the Board of Commissioners and as to
form by the City Attorney, conditioned that said party applying for any
such permit will faithfully comply will all terms and conditions of all
ordinances of the Cit; of Salina then in effect relating to and regul-
ating excavations in the streets, alleys and other public gm und, in
said city.and all rules and regulations made in pursuance thereof and
then in force, and for the good and faithful performance of all work
done on or in connection with the sewer system or water mains of said
City, and to inddmnify and save harmless the said city against all cost
expense, damage and injuries sustained by said City or by any person
whomsoever, by reason of the carelessness or neglect of such person,
firm or corporation or their failure to comply with all provisions of
any such ordinances, rules or regulations. No bond given for such pur-
pose shall run for a longer period than two years without being renewed
and the obligation of said bond shall remain in full force and effect
for such period of time as may be permitted or required by laws of the
State of Kansas, for the bringing of any action for damages or other-
wise by said City by any person against either the City or said applica
by reason of any liability accruing in connection with any such excava-
tion. The. bond required, by Section 7 of Ordinance 2980, (being Sec.
5-407 Revised Ordinances 1925) �h all hereafter be in the form required
by this Ordinance, and the City may, by order of the Board of Comm
issioners, or in case of emergency arisinf in the interim between
regular meetings of acid Board, by order of the City Clerk, order any
bond now in force or hereafter given, cancelled for want of sufficient
surety or conditions, or may whenever the number of excavations being
made or contemplated by any one person, firm or corporation shall requi
it, order any such person, firm or corporation to furnish and give to the
City additional security in such amount as the Board of Commissioners (or
the City Clerk in case of such emergency) may deem necessary for the proper
security of the City.
Section 2. Any person, firm or corporation, or any agent, employee,
member, officer or manager of any of them who shall make, permit or direct
the making of any such excavation without first giving such bond, or furnish-
ing an additional bond, if required, as in the preceding section hereof pro-
vided for, shall be deemed guilty of a misdemeanor and for,each offense shall
be punished by a fine of not less than Twenty Fiven($25.00) Dollars nor more
than One Hundred ($100.00) Dollars or be punished by ilaprisonment for not
more than ten days, or both.
Section.3. That all that portion of Section 7, of Ordinance No.
2980 (being Section 7-407 of Revised Ordinances 1925) and of ordinances
or parts of ordinances, in oftflict with the provisions of Sections 1 and
2 of this ordinance be and the same are hereby repealed.
Section 4. This ordinance shall take effect and be in force from
and after its publication in the official city paper.
Introduced for first reading, December 21, 19250'
Passed and approved -----------December 28th, 1925.
L. T. Campbell
Acting Mayor.
Attest:
Chas. E. Banker
city Clerk.
STATE OF KANSAS )
)SS
COUNTY OF SALINE)
I, Chas. E. Banker, City Clerk of the City of Salina.. Kansas,
i
do hereby certify that the above and foregoing is a true and correct copy
of Ordinance No. 3201 passed and approved by the Board of Commissioners
of the City of Salina, Kansas, December 28th, 1925 and a record of the
vote on its final adoption is found on page / 3 �� of Journal No. 11.
0
ORDINANCE NO. 3201.
(Published in The Salina JournalQ ) 6 19 � L )
An Ordinance providing for hnd requiring a bond to be given by all
persons, firms or corporations securing permits to excavate
in the streets, alleys or other public grounds in the
City of Salina, Kansas, defining the conditions thereof
and repealing all ordinances or parts of ordinances in
conflict herewith.
BE" IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That before any permit, as required by any ordin-
ances of the City of Salina now existing or hereafter adopted, shall
be given to any person, firm or corporation to make any excavations
in any street, alley or other public grounds in the City of Salina,
for any reason whatsoever, and before any person, firm or corporation
shall make any such excavation, such person, firm or corporation shall,
file with the City Clerk of said City, a bond in the sum of One
Thousand ($1000.00) Doilars, running to the City of Salina as
obligee, with a surety company duly authorized to do business in
the State of Kansas and having a red4dent agent in the City cff Salina
as surety, to be approved as to sufficiency by the Board of Commissioners
and as to form by the City Attorney, conditioned that said party
applying for any such permit wi7l faithfully comply with all terms
and conditions of all ordinances of the City of Salina then in
effect relating to and regulating excavations in the streets, alleys
and other public ground, in said city and all rules and regulations.
made in pursuance thereof and then in foroe.and for the good and
faithful performance of all work done on or in monnection with
the sewer system or water mains of said City,and to indemnify and
save harmless the said city against all costs, expense, damage and
injuries sustained by said eiity or by any other person whomsoever,
by reason of the carelessness or neglect of such persom, firm or
corporation or their failure to comply with all provisions of any
such ordinancesTi rules or regulations. No bond given for such
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purpose shall run for a longer period than two years without being
renewed and the obligation of said bond shall remain in full force
and effect for such period of time as may be permitted or required
by laws of the State of Kansas, for the bringing of any action
for damages or otherwise by said City by any person against either
the city or said applicant by reason of any liability.aeoruing in
connection with any such excavation,: The bond required by Section
7 of Ordinance No. 2980, (being Sec. 5-407 Revised Ordinances
1925) shall hereafter be in the form requirdd by this Ordinance,
and the City may, b6I order of the Board of Commissioners, or in
case of emergency arising in the interim between regular meetings
of said Board, by order of the City Clerk, order any bond now in
force or hereafter given, cancelled for want of sufficient surety,
or conditions, nr:�may whenever the number of excavations being
made or contemplated by any one person, firm ur corporation shall
require it, order any such person, firm or corporation to furnish
and give to the City additional security in such amount as the
Board of Commissioners (or the City Clerk in case of such emergency)
may deem necessary for the proper security of the City.
Section 2. Any person, firm or.corporation, or any agent,
employee, member, officer or manager of any of them who shall
make, permit of direct the making of any such excavation without
first giving such bond, or furnishing an additional bond, if re-
quired, as in the preceding section hereof provided for, shall
be deemed guilty of a misdemeanor and for each offense shall be
punished by a fine of not less than Twenty Fi$e ($25.00) Dollars
nor more than One Ehndred ($100.00) Dollars or be punished by
imprisonment for not more than ten days, or both.
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Section,3— That all that portion of Section 7, of
Ordinance No. 2980 (being Section 5-407 of Revised Ordinances 1925)
and of ordinances or parts of ordinances, in conflict with the
provisions of Sections 1 and 2 of this ordinance be and the same
are hereby repealed.
.Section 4. This ordinance shall take effect and be
in force from and after its publication in the official City paper.
Introduced for first reading, December 21st, 1925.
Passed and approved---------- December 28th, 1925,
, ww"'V� v 7,
VA
Attest:
NIP
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