AN ORDINANCE TO PROTECT STREETS, CROSSWALKS AND SIDE WALKS OF THE CITY FROM DAMAGE RESULTING FROM WORK ON ADJACENT PROPERTY EXTENDING ON, OVER, UNDER, OR THROUGH SUCH THOROUGHFARES.
The city of Junction City does ordain as follows:
Section 1. It shall be unlawful for any person, firm, or corporation to dig up, break, excavate, disturb, dig under, or undermine a public street, sidewalk, crosswalk, or other street pavement or public improvement for the purpose of laying down or gaining access to or repairing any water pipes or mains; or for the purpose of laying down, taking up, cutting, or repairing any sewer or branch sewer or pipes of any kind; or for any other purpose, without first applying for and obtaining from the street and alley committee a written permit so to do, as provided in this ordinance. Any person, firm, or corporation which obtains from the street and alley committee such a permit shall, on demand of any officer of the city, produce the permit at the place where the work is in progress. In case the person in immediate charge of the work refuses or fails to produce the permit when it is demanded by any city officer, the officer shall immediately cause the progress of work to be stopped until such permit is produced.
Section 2. Before issuing any permit under the provisions of this ordinance, the street and alley committee shall require the applicant to file with the recorder a bond with good and sufficient surety, or a bond by a surety company authorized to do business in this state, in such an amount as may be required by the committee, based on an adequate estimate to cover the replacing of the street, sidewalk, or crosswalk in as good condition as it was immediately prior to the commencing of operations by the applicant. The bond shall be conditioned that the applicant will immediately remove all surplus sand, earth, rubbish, or other materials; and immediately replace the street, walk, or place so dis turbed, dug up, or undermined in as good condition as it was in before being dug up, broken up, undermined, or disturbed; and keep the same in good repair, at his or their own expense, for a period of time to be designated by the committee, not to exceed one year from the date of completion of such work.
Section 3. All applications filed under the provisions of this ordinance shall state the name of the street or walk to be taken up, excavated, or disturbed, and the purpose therefor, together with the number of days required for the completion of the proposed work and the replacement of the street surface or walk. Any permit issued shall designate the portion of the street or walk to be so taken up or disturbed, together with the purpose thereof, and such other restrictions as may be deemed by the street and alley committee to be of public necessity or benefit. Upon proper showing made by the applicant to the committee it may renew the permit, extending the time for the completion of the opera tions, the bond being duly extended or renewed to cover the extension.
Section 4. All work executed under a permit issued by authority of the provisions of this ordinance shall be done in conformity with this ordinance and the terms of the permit, and under the supervision of the street and alley committee.
Section 5. This ordinance shall not apply to any officer of the city while he is carrying out his official duties, or to public utilities owned and operated by the city.
Section 6. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof before the municipal court, shall be punished by a fine of not more than $100.00, or by imprisonment in the city jail for not more than 30 days, or by both such fine and imprisonment, within the discretion of the court.
Section 7. Whereas, an emergency exists, and it is necessary for the preservation of the peace, health, safety, and general welfare of the citizens of Junction City that this ordinance take effect immediately, it shall take effect immediately upon its passage by the council and approval by the mayor.
Passed by the council and approved by the mayor October 2, 1939.
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