HomeMy WebLinkAbout1953-096 - Permit Required to Dig Under City Streets/ ?
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''IVY"?SID?,, °S ~OLLO';'JS;
Section 1. It is hereb;~ decreed that before any person
shall for any reason or purpose break an~* hol_e in the surface
of any city streets, he s.lall apply in ti^:ritin^ to the City
C1erP: for a. permit, settin^~ out in such application the pur-
pose for vrhich the street is to be broken, the size in square
feet of the proposed hole •~nd the date on which the hole will
be repaired by the a;rolicant in a manner satisfactory to the
Actin?; City "n~:ineer or the i','ayor, t+rhich date shall be within
a reasonable time from. the time the hole is first made.
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Section 2.. ~s a prerequisite to tae issuance of any such
per?:~it bar the City ,,^,lerk such a >nlication shall be apnr. oved
by the ~~oard. of :!~lderrr:en and tho applicant must deposit e~itkl
the City Clerk a sure. of money, to be determined as sPt out
in Section 3, i.n.fra, to 'oe 'reld by the City Clerk until ten
days after the date set out in said. a~nlication for the repair-
in~^ of said 'pole. After the lapse of~ said period of ten days,
the City Clerk shall pay such money -into the Toneral `~und
of the City to cover the costs to the City of repairin^; said
hole. If said hole is repaired by the applicant to the satis-
faction of the Actin.- City '?,n<;ineer or l`,°ayor 1^~ithin ten days
from the elate set out in said application for the repairinn
o:E' said hole then the City Clerl~ shall repay said money so
deposited to the a.~plicant.
Section 3. 'i~he stzrri of money referred to supra to be
deposited by the applicant shall be determined as follows;
A minimum sum of ,100.00 coverin7 holes up
to 10 square feet. "10.00 per square feet additional
for each square foot in excess of 10 square feet.
Section 1.~. Any person violating; tho provisions of this
Ordinance shall be subject to a f.'ine of not less than ''?2.x.00
nor more than X100.00 or imprison.
Section ~ The word "person" as used in t his Ordinance
shall include ~;rottps of individuals, partnerships or corpora-
tions.
Section 6. ~%iolation of the terms of this Ordinance shall
be punishable by f.'ine not to exceed "x100.00 or ir..prison;aent in
the city ;jail, or county jail if there be no city jail, not to
exceed y0 days, or both such fine and imprisonment, and costs.
Passed this ~ day of ~ -- ' l~~'
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C ITY C LRK
Approved this ~ day of ~ , 1~~.
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PERFORMANCE BOND
_ KNOW ALL NON BY THESE PRESENTS: That STEWART SAND & N,~~TERIP.L
COMPANY, a Missouri corporation, TED WILICERSON, INC., a
corporation, and KANSAS CITY STRUCTURAL STEEL COMPANY, a
corporation, and each such corporation, jointly and severally,
are held and firmly bound unto the CIT`I OF RIVERSIDE, MISSOURI,
of tree County of Platte, State of Missouri, as Obligee, hereinafter
referred to as "Obligee," in the total amount of Three Thousand and
no/100 ($3,000.00) Dollars for the payment whereof the undersigned,
and each of them, bind themselves, their successors and assigns,
jointly and severally, firmly by these presents.
W'riEREA5, each of the undersigned contractors are contrac-
tually obligated to perform certain construction work on the
bridge site for the I-635 Bridge spanning the Missouri River
between Platte County, Missouri, and Wyandotte County, Kansas,
and the primary access to the I-635 Bridge construction site
is via Maddox Road from Highway 9, a distance of approximately
one and one-half miles, all in the City of Riverside, Missouri,
and
WHEREAS, Maddox Road between Highway 9 and the construction
site, a single-lane packed, gravel and chatt surface road, cur-
rently provides access to five residences, the Knappco 6Varehouse,
and Woodside Construction Company, and
WHEREAS, each of the undersigned contractors has an interest
in preserving and maintaining Maddox Road between Highway 9 and
the construction site- in order that the undersigned contractors
may have complete and uninterrupted access to the construction
site throughout the period of construction;
NOW, THEREFORE, the undersigned, and each of them, in
consideration of the execution and delivery of this Performance
Bond in the total amount of Three Thousand and no/100 ($3,000.00)
Dollars ir. whicr. the City of Riverside is named as Obligee, and
the acceptance hereof by the Board of Aldermen of the City of
Riverside, and in consideration of the covenants and agreements
herein contained, it is hereby agreed by and between the under-
signed and the City of Riverside, Missouri, as follows:
1. On or before April 1, 1973 the undersigned contractors
shall execute and deliver this Performance Bond together with ti:e
__ monies herein set forth to the City of Riverside, the acceptance of
which by the City shall be evidenced by a Receipt therefor executed
by the City Clerk, shall constitute the agreement by the City to
the terms hereof, and shall authorize the undersigned contractors,
and each of them, to make full and unrestricted use of Maddox Road
from Highway 9 to the construction site fcr the purpose of moving
men and all construction materials via all appropriate vehicles to
the construction site for the period commencing from the date of
the delivery and acceptance of this Performance Bond and ending
upon notice to the City of Riverside by the undersigned contractors
that construction is completed, or on the last day of December ,
197nt, whichever first occurs, which period is hereinafter referred
to as the "Term" of this Performance Bond.
2. The undersigned contractors, and each of them, agree
for the Term of this Performance Bond to keep and maintain Maddox
Road between Highway 9 and the construction site at the expense of
the undersigned contractors as necessary in order to preserve
Maddox Road in substantially the same condition as prevailed on
the date of the delivery and acceptance of this Performance Bond,
reasonable normal wear and tear, acts of God or extreme inclement
_ weather, and the acts of others not subject to the control of the
undersigned contractors excepted. It is agreed by and between the
parties hereto that the burden of proof hereunder regarding the
acts of others not subject to the control of the undersigned
contractors shall rest with said contractors.
3. Prior to the expiration of the Term of this Performance
Bond as aforesaid and concurrent with the application of the under-
signed contractors for return of the aforementioned Performance
Bond, the undersigned contractors, and each of them, shall ta:ce
such steps as may be necessary, if any, to cause Maddox Road to be
in substantially the same condition as prevailed on the date of the
delivery to and acceptance of this Performance Bond by the City of
Riverside, reasonable normal wear and tear, acts of God and extreme
inclement weather, and the acts of others not subject to the control
of the undersigned contractors excepted. It is agreed by and
between the parties hereto that the burden of proof hereunder
regarding the acts of others not subject to the control Of the
undersigned contractors shall rest with said contractors. ..
4. L'pon completion of performance of the provisions of -this
Performance Bond by the undersigned contractors as aforesaid, and
upon application for the return of the aforementioned Performance
Bord, the City of Riverside, within thirty (30) days thereof,
shall cause the funds deposited pursuant hereto in the sum of
Three Thousand and no/100 ($3,000.00) Dollars to be delivered to
Mr. Michael E. Hayes, as agent for the undersigned contractors.
5. In the event the undersigned contractors shall 'nave
failed to comply with the terms and conditions of paragraph 3
_ hereof, then the City of Riverside shall be authorized to withhold
the Performance Bond, and to cause the conditions of paragraph 3
to be satisfied in the same manner as all such road mai:ztenannce and
improvement is caused to be performed by the City of Riverside, and
the cost of such work may be deducted fror.; the amount of the
Performance Bond, the balance remaining, if any, shall then and
there be tendered to Michael E. Hayes, as agent for the undersigned
contractors.
6. In the event the City of Riverside shall 'nave been caused
to expend sums in addition to normal maintenance expense or siZall
be caused to expend sums for purposes other than those normally
expended (i.e., dust control) for N:addox Road during the term
of this Performance Bond due to the failure or refusal on the
part of -the undersigned contractors to keep and perform any part
of this Performance Bond on their part to be kept and performed,
and in the event that the City of Riverside shall have duly notified
the undersigned contractors by notice to the authorized agent for
said contractors, Michael E. Hayes of Stewart Sand and Material
Company, in advance, of the City's intention to expend such sums
and the basis for the City°s belief that such expenses are properly
_ chargeable to the undersigned contractors pursuant to the terms of
this Performance Bond, then the City of Riverside may reduce the
amount of the Performance Bond to be returned to the undersigned
contractors pursuant hereto in the amount of such expenses incurred,
and the balance remaining, if any, shall then be tendered to
Michael E, Hayes, as agent for the undersigned contractors.
7. Nothing herein contained shall be construed to nor shall
operate to remove Maddox Road from the public domain as a public
thoroughfare.
8. The undersigned contractors, and each of them, hereby
agree to utilize all reasonable efforts and all means reasonably
at their disposal to minimize the dust and noise occasioned by file
movement of construction ve'r~icles across Maddox Road during t're
Term of this Performance Bond.
9. Stewart Sand and Material Company agrees to make appli-
cation for an Occupational License to the Board of Aldermen of the
City of Riverside pursuant to the proper city ordinances for any
temporary concrete batch plant erected by Stewart Sand on p~^ivate
__ property within the city limits of the City of Riverside. Said
application shall be made by Stewart Sand and Material Company
prior to commencing erection of said batciz'plant.
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10. The undersigned contractors, and each of them, agree to
use Maddox Road exclusively and to use no other presently existing
road for access from Highway 9 to the construction site, and it is
further agreed and understood by all parties hereto that this
Performance Bond shall be applicable solely to the herein described
portion of Maddox Road. In the event of an emergency rendering
Maddox Road impassable or unuseable by the undersigned for the
purposes set forth in paragraph one hereof, the alternate route
to the construction site from Highway 9 to be used by the under-
signed shall be Road from Highway 9 directly
to the construction site, and in that event the terms and conditions
of this Performance Bond shall then ar:d there be applied to said
road as of the date of the first use of such alternate route by the
undersigned.
NOW, THEREFORE, the condition of this Obligation is such that,
if the undersigned, jointly and severally, shall promptly and
faithfully perform the terms and conditions herein set forth as
aforesaid, then this obliga-~ion shall be null and void; otherwise,
it shall remain in full force and effect, provided that the obliga-
tion of the undersigned to the Obligee pursuant to this Performance
Bond shall not exceed the amount set forth in the first paragraph
hereof, which said sum shall be held in escrow by the City of
Riverside, Missouri, pursuant to the terms and conditions hereof.
1972.
Executed and delivered as of this day of
ATTEST:
STEWART SAND & MATERIAL COL~uDANi'
By
cretary
ATTEST:
Secretary
ATTEST:
ecretary
TED WILKERSON, INC.
By
KANSAS CITY STRUCTURAL
STEEL COMPANY
By
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