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HomeMy WebLinkAboutO-0130 - Permit for construction in street (12.08)~._~~~~~~~~~~~~~~~- "J.";' r- ORDINANCE NO.130. UTILITY BUILDING PERMITS: A~ORDINANCE to preNerit the b~i~ging or construction of any railroad of any kind,street railway,telegraph line,tele_ phone line,electric light line or any underground conduit pl;'pipe line in any ofthE:l streets Ol;'alleys of the Town of Marysville,without a permit therE:lfor from the Town Council of said Town. B~IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NillRYSVILLE, as follows: SECTION n,No person or corporation shall build.or construct or extend any ramlroad of any kind or any street railway, telegraph line,telephone.line or electric light line,or lay u.nderground.any conduit,or pipe or pipes'for the trans- mission and distribution of water;illuminating or fuel gas, ,or other liquid,gas or other thing,in any of the streets, avenues,alleys,or other public street in the Town of Marys- ville,without first obtaining a permit the~e~or from the Town Council of the Town of Marysville;and no person or corporation shall make or cause to be ma de ,any,excavation of any kind or deposit any material or other thing in any of the streets,avenues,alleys or other public place of the Town of Marysville fol;'the purpose,or with the intention of bUilding,constructing or extending any such railroad, street railway,telegraph line,telepijone line,electric light line,conduit or pipe or pipes for any such purpose aforesaid,without first obtaining sunh permit from the Town COl).ncil of said Town. The Council may impose such reasonable restrictions and conditions in granting such permit as they may deem proper,may reqUire a plat or dia_ gram to be filed with the Town Clerk,shOWing the line of such proposed improvement and the location upon the street or alley of any such railroad,conduit or pipe line and the location of all poles to be e:t:ected and may require a bond or cash deposit in a sufficient amount,conditioned that the licensee under the permit will restore all street pavements or planking,sidewalk or other street improvement of any kind to as good,condition as they were prior to being disturbed under such permit,to the satisfaction of the Town Engineer, or committee on Roads and streets. SECTION 2.If the person or corporation applying to the TownC.op,ncil for any such permit shall have a valid and existing franchise or permission for the structure desired, under any valid ordinance of the Town,it shall be the duty of the said Council to grant such permit;prOVided, that said Council shall defer or temporarily refuse the granting thereof,until such time as it deems proper in its discretion in all cases where the street or alley,or other public place on which the work is desired to be done,is occupied or about to be occupied in any work by the Town in improving or repairing such street,alley or public place, or in repairing,extending or constructing water mains, sewer pipe or other property of the town;or in cases where such street,alley or pUblic place is occupied or is about to be occupied by any other person or corporation,having a right to use the same,in such manner as to render it seriously inconvenient to the public to permit any further obstruction thereof at said time;and provided further,that said Council shall,in granting said permits,so regulate or Qefer the granting thereof that a sufficient pIDrtion of such street, alley or public place shall,as far as possible.,be open for public use and for purposes of traffic,and in all cases any work of the city or its contractors or employees shall have precedence over all other work of every kind. 21;;:~ I I 202 SECTION 3.All~ailroads,street railways,telegr~ph lines,telephone lines and electric light lines,and all rails,ties,;planks,PQ$J;.s,l'.'ir!3s,and oo t her structures, apparatus and materials,bUilt,constructed or placed in any street or alley of the town in violation of section 1 of this ordinance shall be deemed pUblic nuisances,alld. shall be abated I'.'ii;h or without ao't rcn,and other proceed- ings shall be taken thereon as authorized by-law and the ,ordinances of the Town of Marysville for the prevention, abatement and punishment of nuisances,or obstructing streets,alleys or other places in said Town. SECTION 4.Any person who shall violate sectionll of this ordinance or aid in any violation thereof,or order anything to be done in violation thereof,shall be deemed gUilty of causing a public nuisance and,on conviction thereof,shall be punished be a fine of not less than Fifty Dollars ($50.$0) nor more than one Hundred Dollars($100.00),or by imprison_ ment in the town or cou;.ty jail not,leS$than five ,nor more than thirty days,or both fine ,and imprisonment. SECTION 5.It ,shall be, no defense to any prosecution or proceeding under this ordinance that a franchise or per- mission to build or construct such railroad,street rail- way,telegraph line,telephone line,_or electric light line hes been granted ,by any ordinance of said town,but this ordinance shall not be construed as to require a permit, for the d@ing of ordinary repairs to any such structure when such repairs are made 'in good faith and not for the purpose of making any extension-to such structure. SECTION 6.All ordinances .or'parts of ordinances in 'con- flict'with the 'provisions of this ordinance be and the 'same are hereby repealed. Passed 16th day of April,I906. , Approved,16th day of April,1906. Steve Saunders, Mayor. Date of Publication,April,1906. Attest:M.SWinnerton,- ,Town Clerk.