3509 Concrete LicensingAN ORDINANCE relating to and regulating the manner of construction -
of sidewalks, drivewayss Curbinga gutt ring
and other Con-
Crete
work in the streets and public grounds of the City of
Salina, requiring a license and bond from persons engaged in
such work, providing a penalty for the violation of this
ordinance, and repealing certain ordinances and parts of
ordinances of the City of Salina.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas;
Section 1. That all sidewalks, driveways, curbing and gutter-,
ng hereafter constructed, reconstructed or rebuilt in any of the
streets or public grounds of the City of Salina shall be constructed
of concrete and in accordance with plans and specifications as to
material and methods of construction to be furnished by:the City
Engineer of the City of Salina as hereinafter provided for.
Section 2. That no person shall engage in the work of con-
structing, reconstructing or rebuilding sidewalks, driveways, curb-
ing, guttering or other concrete works in the streets, alleys or other
public grounds in the City of Salina without first securing from the
City Clerk a license therefor, for which such licensee shall pay to the
City of Salina an annual fee of $10.00, which license shall expire on
December 31st after the issuance thereof, (provided that if the license
is issued after July lst the license fee shall be one half of the fore-
going amount) and no such license shall be issued until the applicant
therefor shall furnish a bond, in the amount and conditioned as here-
inafter required, with corporate securities to be approved by the
Board of Commissioners, the form thereof to be approved by the City
Attorney; provided that this ordinance shall not apply to any person
doing or performing any work of the nature above described for the City
of Salina, under a contract with such city and for which regular per-
formanee, maintenance and statutory bonds are required by the City and
furnished by the contractor for the specific work covered by any such
contract.
Section 3. The bond hereinabove provided for skull be in a
principal sum of not less than 41000 and shall run to the City of Salina
as obligee, for the benefit of the city and of all person 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
his office and according to stakes and grades as set by the City Engineer
and that any such work shall endure without need of repair for two years
from the date of the completion of any such work, and that such contractor
wills 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 the same within such period of two years.
qp 7,7-Y -'I
Section 4. No such sidewalks, driveways, curbing, gutter-
ing or any other concrete work in any street or public grounds in
said city, shall be constructed, reconstructed or rebuilt until a
permit therefor shall have been issued by the City Engineer, upon
the application of the person by whom such work is to be done, which
application shall show the location and nature of the work, the
approximate cost and such other facts relating thereto as may be
required by the City Engineer, and shall be on such form as may be
prescribed by him, and any such application and the plans and speci-
fications referred to in this ordinance shall be deemed to be a part
of any such permit, provided that no such permit shall be issued to
any person from wi-lom a license and bond is required until such license
shall be issued and such bond filed and approved.
Section 5. The City engineer shall immediately after the
taking effect of this ordinance prepare standard plans and speeifiea-.'..
tions for the construction within the City of Salina of concrete side-
walks, driveways, curbing and guttering and other concrete work which
shall be presented to the Board of Commissioners, and when accepted
and approved by such board of Commissioners shall remain on file in
the office of the City Engineer as the standard specifications for all
such work until changed by said &gineer with the approval of said
Board of Commissioners, and such plans and specifications shall govern
all work done under any permit required by this ordinance so far as
the same shall apply, and in any case where the City Engineer deems
the same necessary, he shall prepare special plans and specifications
for any such work so far as the same may be necessary, which shall
apply only to the specific work for which they are prepared, and
which in any such case shall become a part of the permit covering
such specific work.
Section 6. Before he shall issue any permit, the City
Engineer shall ascertain that the bond filed by the applicant
therefor is sufficient to cover the amount of the work to be done
under such permit, and in addition thereto the amount of all work
being done by the same person under permits previously issued and
which is then uncompleted, and if the amount of any such bond is
insufficient to cover all outstanding and uncompleted work under
permits issued or applied for, no additional permit shall be issued
until the applicant therefor shall file an additional bond in an
amount sufficient to cover all such work, provided that in lieu of
any such additional general bond, the applicant for any permit may
file a special maintenance bond covering only the specific work to
be done under any specific permit, and the amount of any such work
shall not be counted as a part of the work covered by the general bond.
Section 7. The contractor shall notify the City Engineer of
the completion.of any work for which a permit has been issued. If
the City Engineer shall upon inspection of any such completed work
find that such work has not beendone in conformity with the plans and
specifications for such work, the City Engineer shall have authority
to order any changes in such work which -ay in his opinion be necessary,
or may order the same removed and reconstructed. If any contractor shall
fail to comply with any order of the City Engineer in connection with
any such work, the City Engineer may issue an order revoking the
license of such contractor,
which order may on application of the con-
tractor filed with the City Clerk within ten days from the date of such
order be reviewed, and approved or set aside, by the Board of Com-
missioners.
Section 8. The word "person" when used in this ordinance
shall be deemed to refer to any person or persons, firm, co -partner-
ship or corporation.
Section 9
That Sections 3, 41 5 and 6 of Ordinance No,
2407, being Sections 25-1030 25-104p 25-1050 and 25-106 of the Revised
Ordinances 1925 be repealed upon the filing by the City Engineer of
the standard plans and specifications provided for in this ordinance
and upon the approval thereof by the Board of Commissioners, in so far
as the sections so repealed specifically conflict with the provisions
of this ordinance or with the standard plans dnd specifications when
so filed and approved.
Section 10. Any person, whether acting for himself or as
the agents representatives employee, officer or member of any corporation
or co -partnership, who shall constructs reconstruct or rebuild any of
the work mentioned inthis ordinance in violatio
nof theprovisions
hereof, or contrary to the plans and specifications for such work as
provided for herein or who shall do any such work without securing a
permit they as herein required, or whop when required by this
ordinance shall do any such work without securing the license and
filing the bond or bonds required by this ordinance, or who shall
otherwise violate any of the provisions of this ordinance
shall be
deemed guilty of a misdemeanor, and upon conviction shall be fined
not less than X10.00, nor more than X50.00 for each offense.
Section 11. This ordinance shall take effect and be in force
from and after its publication in tyre official city paper.
Introduced March 5th, 1928
Passed March 12th, 1928
7
L
I
I
Guy T. Helverin&
ay®r
Attest:
Chas. E. Banker
City CleFk
STATE OF EA14SAS
COUNTY OF SALINE
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas
do hereby.cert-ify that the above and foregoing is a true and corr.-at
copy of ordinance No.3509 passed and approved by the Board of
Commissioners of the City Of Salina March 12th, 1928 and a record
of the vote on its final adoption is found on page Journal
No. 11
City Clerk
3669,
I ME
(Published in the Salina Journal //'g 1928),
ORDINANCE N0. 3509
AN ORDINANCE relating to and regulating the manner of con-
struction of sidewalks, driveways, curbing, gutter-
ing and other concrete work in the streets and
public grounds of the City of Salina, requiring a
license and bond from persons engaged in such work,
providing a penalty for the violation of this
ordinance, and repealing certain ordinances and
parts of ordinances of the City of Salina,
BE IT ORDAINED by the Board of Commissioners of the City of
Salina, Kansas:
Section 1, That all sidewalks, driveways, curbing and
guttering hereafter constructed, reconstructed or rebuilt in
any of the streets or public grounds of the City of Salina
shall be constructed of concrete and in accordance with plans
and specifications as to material And methods of construction
to be furnished by the City Engineer of the City of Salina as
hereinafter provided for.
Section 2. That no person shall engage in the work of
constructing, reconstructing or rebuilding sidewalks, drive-
ways, curbing, guttering or other concrete work, in the streets,,
alleys or other public grounds in the City of Salina without
first securing from the City Clerk a license therefor, for
which such licensee shall pay to the City'of Salina an annual
fee of X10,00, which license shall expire on December 31st
after the issuance thereof, (provided that if the license is
issued after July 1st the license fee shall be one half of the
foregoing amour- and no such license shall be issued until
the applicant therefor shall furnish a bond, in,the amount and
conditioned as hereinafter required, with corporate securities
to be approved by the Board of Commissioners, the form thereof
to be approved by the'City Attorney; provided that this ordinance
shall not apply to any person doing or performing any
work of the nature above described for the City of Salina,
under a contract with such city and for which regular per-
formance, maintenance and statutory bonds are required by
the City and furnished by the contractor for the specific
work covered by any such contract.
Section 3. The bond hereinabove provided for shall
be in a principal sum of not less than $1000 and shall run
to the City of Salina as obligee, for the benefit of the
city and of all persons with whom the principal named there-
in 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 his office and according to stakes and grades as set by
the City Engineer and that any such work shall endure without
need of repair for two 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 the same within such period of two years.
Section 4. No such sidewalks, driveways, curbing,
guttering or any other concrete work in any street or public
grounds in said city, shall be constructed, reconstructed or
rebuilt until a permit therefor shall have been issued by the
City Engineer, upon the application of the person by whom such
work is to be done, which application shall show the location
and nature of the work, the approximate cost and such other
facts relating thereto as may be required -by the City Engineer,
and shall be on such form as may be prescribed by him, and
any such application and the plans and specifications referred
to in this ordinance shall be deemed to be a part of any such
permit, provided that no such permit shall be issued to any
person from whom a license and bond is required until such
license shall be issued and such bond filed and approved.
Section 5. The City Engineer shall immediately after
the taking effect of this ordinance prepare standard plans
and. specifications for the construction within the City of
Salina of concrete sidewalks, driveways, curbing and gutter-
ing and other concrete work which shall be presented to the
Board of Commissioners, and when accepted and approved by such
Board of Commissioners shall remain on file in the office of
the City Engineer as the standard specifications for all such
work until changed by said Engineer with the approval of said
Board of Commissioners, and such plans and specifications shall
govern all work done under any permit required by this ordinance
so far as the same shall apply, and in any case where the City
Engineer deems the same necessary, he shall prepare special
plans and specifications for any such work so far as the same
may be necessary, which mhall apply only to the specific work
for which they are prepared, and which in any such case shall
become a part of the permit covering such specific work.
Section 6. Before he shall issue any permit, the CV
Engineer shall ascertain that the bond filed by the applicant
therefor is sufficient to cover the amount of the work to be
done under such permit, and in addition thereto the amount of
all work being done by the same person under permits pre-
viously issued and which is then uncompleted, and if the
amount of any such bond is insufficient to cover all out-
standing and uncompleted work under permits issued or applied
for, no additional permit shall be issued until the applicant
therefor shall file an additional bond in an amount sufficient
to cover all such work, provided that in lieu of any such
additional general bond, the applicant for any permit may
file a special maintenance bond covering only the specific
work to be done under any specific permit, and the amount
of any such work shall not be counted as a part of the work
covered by the general bond.
Section 7. The contractor shall notify the City
Engineer of the completion of any work for which a permit
has been issued. If the City Engineer shall upon inspection
of any such completed work find that such work has not been
done in conformity with the plans and specifications for
such work, the City Engineer shall have authority to order
any changes in such work which may in his opinion be necessary,
or may order the same removed and reconstructed. If any con-
tractor shall fail to comply with any order of the City
Engineer in connection with any such work, the City Engineer
may issue om order revoking the license of such contractor,
which order may on application of the contractor filed with
the City Clerk_ within ten days from the date of such order
be reviewed, and approved or set aside, by the Board of
Commissioners.
Section 8. The word "person" when used in this
ordinance shall *pe deemed to refer to any person or persons,
firm, copartnership or corporation.
Section 9. That Sections 3, 4, 5 and 6 of Ordinance
No. 2407, being Sections 25-103, 25-104, 25-105, and 25-106
of the Revised Ordinances 1925 be repealed upon the filing
by the City Engineer of the standard plans and specifications
provided for in this ordinance and upon the approval thereof
by the Board of Commissioners, in so far as the sections so
repealed specifically conflict with the provisions of this
ordinance or with the standard plans and specifications when
so filed and approved..
Section 10. Any person, whether acting for himself or
as the agent, representative, employee, officer or member of
any corporation or co -partnership, who shall construct, re-
construct or rebuild any of the work mentioned in this
ordinance in violation of the provisions hereof, or contrary
to the plans and specifications for such work as provided. for
herein or who shall do any such work without securing a permit
therefor as herein required, or who, when required by this
ordinance shall do any such work without securing the license
and filing the bond or bonds required by this ordinance, or
who shall otherwise violate any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined not less than $10.00, nor more than
$50.00 for each offense.
Section 11. This ordinance shall take effect and
be in force from and after its publication in the official
city paper.
Attest:
Introduced March 5th, 1928
Passed -- March 12th, 1928
i1/�-4-i
mayor