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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 q 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 _