2947 Moving of houses or buildingsORDINANCE NUMBER 2947
An Ordinance concerning and regulating the moving of houses and other
buildings within the City of Salina, and through, on, over
or across the streets, avenues, alleys and other public
thoroughfares thereof; declaring certain acts to be mis-
demeanors and providing penalties for the violation 'thereof;
and repealing Ordinance Number 1118 of the City of Salina',
Kansas and all other ordinances or parts of ordinances of
said City in conflict herewith.
BE IT ORDAINED` by the Board of Commissioners of the City of
° Salim , Kansas
Section 1. That no person or persons, either as an individual
or as the agent, employee, officer, representative or member of
any firm or corporation shah grove any house or other building, or
any part thereof from one place to another Within the City of
Salina`, Kansas and through, over, on or across any street, avenue,
s
alley or other public thoroughfare within said City, without first
making application for, and securing a permit so to do from the
fl City Clerk of said City. The application shall contain a descrip-
tion of the building, its location, the location to which it is to
be moved and the proposed route, and for such permit such applicant
N shall pay to the City of Salina, Kansas , at the time such applicatim
h
is filed, a fee of Two Dollars ($2.00) to be paid to the City
Clerk.
Section 2. Before any such application is filed it shall
�j be referred to the Building Inspector of the City of Salina, Ea.nsas,
who shall inspect any such house or building described in such
j
application, and, if, in his opinion, such house or building is in
I{ a proper and fit condition to be moved to the destination designated
by the applicant, and that after such moving it will remain in a
proper and fit condition for the use intended, he shall endorse
his certificate of approval upon the application. If the application
is approved by the Building Inspector he shall submit the same to
the Fire Chief for his approval of the route over which such build-
ing is to be moved. Such approval shall be noted on the application
3 and if the route is a:re jected, the Fire Chief shall note thereon a
route which is satisfactory to him. When such application is filed,
with the certificate of such Building -Inspector and Fire Chief
noted thereon, the City Clerk shall issue the permit provided for in
the preceding section hereof.
Section 3. Any person, or persons desiring to move any such
I
house or other building; through, on, over or across any street,
avenue, alley or other public thoroughfare, across or along which
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any telegraph, telephone, electric light or fire alram hires have
been placed, shall give to the person, fire or corporation owning
or =in charge of such wires at least twenty-four (24) hours writ—
ten notice of the time and place, when and where, it may be necessary
to out or remove such wires to permit the moving of such house
or other building and shall desposit in advance with such person,
firm or corporation the estimated cost of cutting, removing and
replacing such wires. The owner or person in charge of such wires
shall, within a reasonable time after the hour mentioned in such
notice, remove said wires for a sufficient length of time to permit
such moving, and the entire cost and expense of removing, cutting
and replacing of said wires, including the time spent by the employ-
ees of the owner of such wires in going to and from such place, so as
to permit the moving of any such house or ether building, shall be
paid by the person or persons making such request, providing howdver,
that where such wires are less than twenty (20) feet above the
surface of the street the owner shall remove and replace the same
without charge. If the person making such request shall not be
ready at the hour mentioned in his notice, to move the house or
building past any such point, he shall pay all of the expense
caused by beeping the workmen of the owner of such wires waiting
at such point, or of their time in going away from and returning
to such point from any place at which they may be othel-uise employed.
Section 4. It shall be unlawful for any of the persons men-
tioned in Section 1 of this ordinance to move any house or other
building into, along, through, upon or across Santa Fe Avenue',
Fifth Street and Seventh Street between the south line of Elm
Street and the south line of Walnut Street, or into, through, along,
upon or across Ash Street, Iron Avenue or Walnut Street in said
City between the east line of Fourth Street and the gest line of
Ninth Street, except that for the moving of any house or other
building across the Smoky Hill paver, or across or along any of
such streets, a special permit may be granted by the Board of Com-
missioners.
Section 5. It shall be unlawful for any of the persons men-
tioned in Section 1 of this ordinance to permit any such house or
other building to stand in or upon any street, avenue, alley or any
other public 'thoroughfare in said City between the hour of sunset
and the hour of sunrise without placing and maintaining between
such hours aforesaid., in a conspicuous position on said house or
other building, at least three red lights or lanterns on each side
of such house from which direction any traffic may approach, and
without placing and maintaining between such hours, upon'any and all
apparatus or equipment used in connection with such house moving,
1
1
1
and remaining in any such street and thoroughfare, a sufficient
number of red lights or lanterns so as to make the same visible
to all approaching traffic.
Section 6. If any such house or other building shall be left
standing in any street at night or at any other time, while no work
is being done in connection with the moving thereof, the person, firs
or corporation doing such moving shall place at each end of the
block a warning sign of such size and method of construction as may
be approved by the Street Cor.issi over, which shall however leave
space at either side of such sign for the passing of traffic, for
the purpose of notifying users of such street that the same is
blocked and impas --sable, and any such sign shall be sufficiently
lighted at night so as -to make it plainly visible to all persons
approaching the same and the person so moving any such house or
building shall at the close of work on each day notify the Fire
Chief of the exact' location of any such house or other building in
any street, avenue, alley, or other public thoroughfare in the
City of Salina.
Section 7. No house or other building shah be moved over,
through, on or across any street, avenue, alley or other public
thoroughfare in the City of Salina where any part of such house
or building extends over either curb line of such street, avenue,
alley or public tharoughfare, except in the block from which or
into which the house is to be moved.
Section 8. No tree nor any branch, limb, or part thereof
shall be broken, cut off or removed by any such person or persons
for the purpose of moving any house or building, except under the
direction and supervision of the Park Commissioner of the City of
Salina or of a person duly authorized by him, and in such manner and
way and with such treatment of said tree thereafter as may be ap-
proved by said Park Commissioner. Any person so breaking or re-
moving any tree or part thereof as herein provided for, or who
shall direct or request such breafking, cutting or removing, or
�uwho
may be responsible therefor shayl pay the expense of such
a supervision and the expense of any of tithe employees of said nark
Commissioner or of the City of Salina in and about such supervision
or in the cutting or treatment of such trees, provided however,
that this section shall not be deemed to permit the cutting or
trimming of any tree contrary to the provisions of the aws of the
State of Kansas nor to relieve any such person of any liability on
account of any such cutting or trimming as provided for by the lags
0 of the State of Kansas, and providied further that for the purpose
of this section, the park Commissioner, or his employees or other
employees of the City of Salina shall, when engaged in the cut-
ting, trimmir3g or removing of any tree or part thereof for the
purpose of permitting any house or building to be moved, or when
engaged in any manner in trimming or cutting any tree or part
thereof at the direction or request of any such person, be deemed
to be the agent and representative of the person on whose behalf
such cutting and trimming is done and who secured the permit for
moving such house or other building, and such person shall be
responsible for the acts of such park Commissioner or any other
such employees in connection with the cutting, trimming or de-
struction of any such tree or trees or parts thereof.
Section 9,Any person, either as an individual or as the
officer, agent, representative, employee or member of any firm
or corporation, and whether as the oihiner or as the representative
of such owner of the house being or to be moved, or whether as the �
contractor for the moving of any such shouse, who shall violate
any of the provisions of this ordinance, or who shall order,
direct, authorize or permit the violation of any of the provisions P
of this ordinance shad be deemed, upon conviction thereof, guilty
of a misdemeanor and shall be fined not less than Fifty Dollars
050.00) nor more than 9100.00 for each violation, provided., that
each and every violation of any provisions of this ordinance shall
be deemed a separate offense and that each separate days violation
of the provisions of this ordinance shall be deemed a separate
offense and provided further, that the person making the application
for the permit provided for in this ordinance, whether as an individ-
ual or as the agent, employee or representative of any firm or
corporation, shall be deemed to have authorized and shall be re-
sponsible for any violation of this ordinance by any oather person
in any way connected with the moving of such house or building, but
nothing herein contained shall be considered as relieving any
other person from responsibility of any violation of the terms of
this ordinance of which such person may be found guilty.
Section 10. That before the issuance of any permit by the,City
Clerk, as provided for in section 1, the applicatn therefor shall ^--
file with said City Clerk a bond in the scam. of X2000.00, conditioned
that said applicant shall and will carry put and perform all of
the duties imposed upon him by the provisions of this ordinance,
ans that such applicant will indemnify and save harmless the said
City of Salina and all other persons from and against all damage
559
and injury caused by such moving and from and against all claims
for injury or damage whatsoever suffered or claimed to have been
suffered on account of the moving of any such house or building
or on account of the omission or commission or any act in con-
nectiontherevrith, and indemnifying the City of Salina and public
and, any and all persons against any injury, damage or loss suffer-
ed by them or caused by reason of said moving or resulting there-
from or from the violation of any of the terms of this ordinance.
Such bond shall be approved as to form by the City Attorney of
the City of Salina and as to the sufficienty of the sureties by
the City Manager of the City of Salina, 14o surety company bond,
shall be accepted�as such surety unless it shall be authorized
to do business in the State of Kansas and shall have an author-
ized representative in the City of Salina, and any such bond shall
provide that the City of Salina or any individual who is damaged
by reason of such moving, may file suit directly against the
surety named in such bond. One bond may be filed by any person
to cover any and all moving of houses or buildings by such person
during the period of such bond. Any surety may cancel any such
bond as to future liability by giving ten days notice in writing
of such cancellation to the City Clerk, to take effect at the
expiration of said ten days, and after the giving such notice,
no permit shall be issued to the principal in such bond until he
shall file another bond as required by this section.
Section 11. This ordinance shall take effect and be in
fall force from and after its publication once in the official
City "paper.
Introduced for first reading, January 14th, 1924.
Passed and approved -------- March 3rd, 1924.
J. S. Hargett.
(SEAL) Maymv
Attest:
C'11 -as. E. Banker.
City Clerk.
STATE OF KANSAS
) 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 cor-
rect copy of Ordinance Number 2947 passed and approved by the
Board of Commissioners, March 3rd,, 1924 and a record of the vote
on its f final a doption is f ound on Wage 3 9 `hof Journal Uumber 10.
Said ordinance was published in Salina Ev ning Journal March
1924.
U
,0.
(Published in The Salina Evening Journal,`yV� v 0tL, 1924)
ORDINANCE NO. 2947
An Ordinance concerning and regulating the moving of houses and other
buildings within the City of Salina, and through, on, over or
across the streets, avenues, alleys and other public thoroughfares
thereof; declaring certain acts to be misdemeanors and providing
penalties for the violation thereof; and. repealing ordinance No.
1118 of the City of Salina, Kansas and all other ordinances or
parts of ordinances of said City in conflict herewith.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That no person or persons, either as an individual or
as the agent, employee, officer, representative or member of any firm
or corporation shall move any house or other building, or any part-
thereof from one place to another within the City of Salina, Kansas and
through, over, on or across any street, avenue; alley or other public
thoroughfare within said. City, without first making application for,
and securing a permit so to do from the City Clerk of said City. The
application shall contain a description of the building, its location,
the location to which it is to be moved and the proposed route; and for
such permit such applicant shall pay to the City of Salina, Kansas, at
the time such application is filed, a fee of Two Dollars ($2.00) to be
paid to the City Clerk.
Section 2. Before any such application is filed it shall be re-
ferred to the Building Inspector of the City of Salina, Kansas, who shall
inspect any such house or building described in such application, and, if,
in his opinion, such house or building is in a proper and fit condition to
be moved to the destination designated by the applicant, and that after
such moving it will remain in a proper and fit condition for the use in-
tended,
n-
tended, he shall endorse his certificate of approval I upon the application.
If the application is approved by the Building Inspector he shall submit
the same to the Fire Chief for his approval of the route over which such
building is to be moved. Such approval shall'be noted on the application
and if the route is rejected, the Fire Chief shall note thereon a route
which is satisfactory to him. When such application is filed, with the
0
House Moving urdinanue -- Page 2.
certificate of'such Building Inspector and. Fire Chief noted thereon, the
City Clerk shall issue the permit provided for in the preceeding section
hereof.
Section 3. Any person or persons desiring to move any such house
orher building through, on, over or across any street, avenue, alley
or oth public thoroughfare, across or along which any telegraph,
telephone \electric light of fire alarm wires have been placed, shall
give to the IX'rA�on, firm or corporation owning or in charge of such
wires at least- (24) hours written notice of the time and
place, when andit may be necessary to cut�or remove such wires
to. permit the moving
advance with such person,
house or other building and shall deposit in
or corporation the estimated cost of cutting,
removing and replacing such re The owner or person in charge of such
wires shall, within a reasonabl me after the hour mentioned in such
notice, remove said wires for a su ient length of time to permit such
moving, and the entire cost and expens removing, cutting and replacing
of said wires, including the time spent D�he employees of the owner of
such wires in going to and from such place,as to permit the moving
of any such house or other building, shall be p d by the person or per-
sons making such.request, providing however , that ere such wires are
less than twenty (20) feet above the surface of themes\inhi
e owner
'Z shall remove and replace the same without charge " Ifson making
such request shall not be ready at the hour mentionednotice, to
movethe house or building past any such point, he shall pay a\ftexpense caused by keeping the workmen of the owner of such wirgat such point, or of their time in going away from and returnih
point from any place at which they may be otherwise employed.
Section 4. It shall be unlawful for any of the persons mentioned
in Section 1 of this ordinance to move any house or other building into,
along, through, upon dor across Santa Fe Avenue, Fifth Street and Seventh
Street, between the-noorthr line of Elm Street and the south line ofeititt4a-
vla nu''treet, or into, through, along,,upon or across Ash Street, Iron
Avenue or Walnut Street in said City between the east line of Fourth
House IYoving,Ordinance Page 30
Street and the west line of Ninth.Street, except that for the moyin of
���
any house or other building across the Smoky Hill Rive fia7special per-
mit may be granted by the Board of Commissioners.
Section 5. It shall be.unlawfal for any of the persons mentioned
in Section l of this ordinance to permit any such house or other building
to stand in or upon any street, avenue, alley.or any other public
thoroughfare in said City between the hour of sunset and the hour of
sunrise without placing and maintaining between such hours aforesaid,
in a conspicuous position on said house or other building, at least
three red lights or lanterns on each side of such house from which dir-
ection any traffic may approach, and without placing and maintaining
between such house; upon any 'and all apparatus or equipment used in
connection with such house moving, and remaining in any such street and
thoroughfare, a sufficient number of red lights or lanterns so as to
make the same visible to all approaching traffic.
Section 6. If any such house or other building shall be left
standing in any street at night or=at any other time, while no work
is being done in connection with,the moving thereof, the person, firm
or corporation doing such moving shall place at each end of the bu-ing
a warning sign of such size and method of construction as may be approved
by the Street Commissioner, which shall however leave space at either
side of such sign for the passing of traffic, for the purpose of noti-
fying users of such street that the same is blocked and impassable,
and any such sign shall be sufficiently lighted at night so as to make it
plainly visible to all persons approaching the osame and the person so
moving any such house or building shall at the p -1 -ace -of work on each day
notify the bemire Chief of the exact location of any such house or other
building,in any street, avenue, alley or other public thoroughfare in
the City of Salina.
Section 7. No house or other building shall be moved over, through,
on or across any street, avenue, alley or other public thoroughfare in
the City of Salina where any part of such house or building extends otter
6ibher curb line of such street, avenue, alley.or public thoroughfare,
VVj
exceptnthe block n -which or into which the house is to be moved.
House Moving ordinance -- Page 4. 0
Section B. No tree nor any branch, limb or part thereof shall
be broken, out off or removed by any such person or persons for the
purpose of moving any house or building, except under the direction
and supervision of the Park Commissioner of the City of Salina or of
a person duly authorized by him, and in such manner and way and with
such treatment of said tree thereafter as may be approved by said Park
Commissioner. Any person so })reaking or removing any :tree or part there-
of as herein provided for, or who shall direct or request such breaking,
cutting or removing, or who may be responsible therefor shall pay the
expense of such supervision and the expense of any of the employees of
said Park Commissioner or of the City of Salina in and about such
supervision or in the cutting or treatment of such tree; provided how-
ever, that this section shall not be deemed.to permit the cutting or
trimming of any tree contrary to the provisions of the Laws of the
State of Kansas nor.to relieve any such person of any liability on
account:o_f any such cutting or trimming as provided for by the laws of
the State of Kansas, and provided further that for the purpose of this
/ r c
suction, the Park Commissionnor his employees or other employees of
the City of Salina shall, when engaged in the cutting, trimming or
removing of any tree or part thereof for'the purpose of permitting any
house or building to be moved, or when engaged in any manner in trimming
or cutting any tree or part thereof at the direction or.request of any
s+u(lch^ person, be deemed to be the agent and representative of they pJerson ow
In'ku G4�✓ %LVC (CNY -'4 �V CV W N - $ l 4" /
moving such house or other building and such person shall be responsible
for the acts of such Park Commissioner or any other such employees in
connection with the cutting, trimming or destruction of any such tree
or trees or parts thereof.
Section 9. Any person, either as an individual or as the officer,
agent, representative;i employee or member of any firm or corporation,
and whether as the owner or as the representative of such owner of the
house being or to be moved, or whether as the contractor for the no ving
of -any such house, who shall violate any of the provisions of this
ordinance, or who shall order, direct, authorize or permit the violation
of any of the provisions of this ordinance shall be deemed, upon con-
viction thereof, guilty of a misdemeanor and shall be fined not less ttAr
House 111oving Ordinance-- Page 5.
Fifty Dollars($50.00) nor more than X100.00 for each violation, provided,
that each and every violation of any provision of this ordinance shall be
deemed a separate offense and that each separate days violation of the
provisions of this ordinance shall be deemed.a saoara.te offense and pro-
vided further, that the person making the application for the permit pro -
bided for in this ordinance, whether as an ind-ividual'or,as the agent,
employee or representative of any firm or corporation, shall be deemed
to have authorized and shall be responsible for any violation of this
ordinance by any other person in any way connected with the moving of
such house or building, but nothing herein contained shall be considered
as relieving any other person from responsibility of any violation of the
terms of this ordinance of.which such person may be found guilty.
Section 10. jhat before the issuance of any permit by the City
.Clerk, as provided for in Section One (1), the applicant therefor shall
file with said City Clerk a bone. in the sum of 0'1� ppp'', conditioned
that said applicant shall and will carry out and perform all of the duties
imposed upon #im by the provisions of this ordinance, anQ' that /such
����nar
applicant will indemnify and save harmless the said City of SalinEt frora
and against all damage and injury caused by such moving and from and
against all claims for injury or damage whatsoever suffered or claimed
to have been suffered on account of the moving of any such house or build-
ing or on account of the omissioonAor commission of any act in connection
therewith, and indemnifying the (\. ne and any and all ether persons
against any injury, damage or loss suffered by them or caused by reason
of said moving or resulting therefrom or from the violation of any of the
terms of this ordinance. Such bond shall be approved as to form by the
Uity Attorney of the City of Salina and as to the sufficiency of the
sureties by the City Ivianager of the City of Salina. No surety company
shall be accepted as such surety unless it shall be authorized to do
business in the State of Kansas and shall have an authorized representative
in the City of Salina, and any such bond shall provides. -,that the City of
Salina or any individual who is damaged by reE;son of such moving, may
file suit directly against the surety named in such bond. One bond may
r
House Moving Ordinance -- Page 6.
be filed by any person to cover any and all moving of houses or buildings
by such person during the period of such bond. Any surety may cancel
any such bond as to future liability by giving ten days notice in writing
of such cancellation to the City Clerk, to take effect at the expira-
4l
tion of said ten days, and after the ation.� —ten—days—meerreein
such notice, no permit shall be issued to the principal in such bond
until he shall file another bond as oTequired by this section.
Section 11. This ordinance shall take effect and be in full
force from and .after its publication once in the official City paper.
Introduced for first reading, January 14th, 1924.
Passed and approved -------- March 3rd, 1924
Attest: Mayor
C yeTl rk _