[R.O. 2013 §515.010; CC 1991 §520.180; CC §68.500]
A. The
Street Commissioner is authorized, with the approval of the Mayor
or Acting Mayor, to close any street, alley, public place or highway
within the limits of the City of Tarkio and withdraw the same from
the public use temporarily for such period as public work thereon
shall make such action necessary. Any person using or attempting to
use said street, alley, public place or highway so withdrawn from
public use, or driving or attempting to drive any animal or vehicle
thereon, shall be deemed guilty of an ordinance violation.
B. Before
consent for opening any street is given, the person requesting consent
shall post a bond with the City in an amount determined by the Street
Commissioner to be sufficient to make the repairs as required herein.
[R.O. 2013 §515.020; CC 1991 §520.190; CC §68.510; Ord. No. 520.190, 11-15-1995; Ord. No. 520.190, 5-14-2002]
It shall be unlawful for any person to make any opening in any
street, avenue or alley in the City of Tarkio for the purpose of laying
water line, sewer pipe or any other utility across said street, avenue
or alley without first having secured the consent of the Street Commissioner
of said City. Before consent for opening any street is given, the
person requesting consent shall post a bond with the City in an amount
determined by the Street Commissioner to be sufficient to make the
repairs as required herein. Any person opening any street, avenue
or alley in the City of Tarkio will pay for any and all repairs of
said street, avenue or alley in the City of Tarkio, and said sums
so paid as provided in this Section shall be placed in the street
funds of said City to be used for said purpose and kindred purposes.
It shall be the duty of the City of Tarkio to replace said part of
said street so damaged by being opened for the purpose of laying said
water, sewer pipe or other utility.
[R.O. 2013 §515.030; CC 1991 §520.210; CC §68.530]
A. Whenever
it is proposed to create, open, widen, extend, alter or vacate any
street or alley within the corporate limits of the City of Tarkio,
the person or persons submitting said proposition shall lay before
the Board of Aldermen a plat showing as near as possible the street
or alley proposed to be created, opened, widened, extended, altered
or vacated.
1. If the Board of Aldermen, after considering any proposition submitted
to them, shall deem it necessary to create, open, widen, extend or
alter any street or alley as proposed by said plat, they shall by
ordinance cause the boundary lines of the proposed street or alley
to be designated, and if said street or alley is proposed to be vacated
in whole or in part, said ordinance shall designate what part of the
same shall be vacated or closed.
2. Whenever the Board of Aldermen shall have passed an ordinance designated
to create, open, widen, extend, alter or vacate any street or alley
in the City, the Mayor shall appoint five (5) disinterested residents
of the City who shall in the discharge of their duties, under oath,
faithfully and impartially make the assessments to them submitted.
3. In determining the assessment submitted to the jury of residents,
they shall consider the benefits there resulting to as well as damages
sustained by the owner of the property so taken, and said jury shall
moreover estimate the amount of benefits which other persons owning
adjacent property bordering on the part of the street or alley proposed
to be created, opened, widened, extended, altered or vacated.
4. Whenever said jury of residents shall estimate and assess any benefits
to any property owner or owners adjacent or bordering upon the part
of any said street or alley proposed to be created, opened, widened,
extended, altered or vacated, said person or persons so benefitted
shall contribute toward compensating the person or persons so injured
and such amount shall constitute a lien in favor of the City on the
adjacent property, all of which shall be returned by said jury of
residents under their hands and seals to the Board of Aldermen.
5. The said jury of residents shall view the proposed street or alley
and property to be affected by the change and set a day and place
for hearing evidence as to said benefits and damages and shall give
at least five (5) days' previous notice of said day and place to each
of the owners of the property lying adjacent to the part of the street
or alley to be created, opened, widened, extended, altered or vacated,
provided that such owners are residents of the County, personal service
of a written notice shall be deemed sufficient, or if any of such
property owners are non-residents of Atchison County, then notice
by publication may be given, such notice to be published at least
two (2) weeks before the day set for hearing in some newspaper published
in the City.
6. Whenever said jury of residents shall have assessed benefits to any
person or persons owning property adjacent to said proposed street
or alley created, opened, widened, extended, altered or vacated, every
person so assessed with benefits shall pay into the City Treasury
within sixty (60) days the amount of said benefits so assessed to
him/her by said jury.
7. If the title to any property proposed to be taken for any street
or alley provided for in this Article be in litigation or dispute,
the damages awarded to said property shall not be paid out of the
City Treasury until such dispute shall have been adjudicated or compromised,
but the said money shall remain and be set apart in the City Treasury.
8. The City Clerk shall enter the names of the jury of residents upon
the records of the City. The said jury shall be allowed for their
service the amount of two dollars ($2.00) per day for each full day
occupied in determining the damages or benefits in this act provided.
[R.O. 2013 §515.040; CC 1991 §520.220; CC §68.540]
All electric light or telephone or telegraph or electrical transmission
wires put or run along or across the streets, avenues, alleys of Tarkio
shall be suspended at a height above the ground of not less than twenty
(20) feet at the lowest crossarm on the poles supporting such wires.
All such wires shall be so suspended that they may be raised or lowered
to permit the passage of buildings or other structures upon said streets,
avenues or alleys as provided for by the ordinance of the City of
Tarkio.
[R.O. 2013 §515.050; CC 1991 §520.230; CC §68.550]
No person, company, co-partnership or corporation shall erect
or maintain any telephone, telegraph, electric or transmission wire
or other wire or cable or appliance upon any street or alley or other
public place in the City of Tarkio in such manner as to prevent the
moving of any buildings along or upon any such street, alley or other
public place; nor shall permanently maintain any such wire, cable
or appliance at such height as will prevent the passage of buildings
along or upon such streets, alleys or other public places. The minimum
height to which wires are required to be strung by the Board of Aldermen
by the ordinances of the City of Tarkio shall not be construed to
exempt the owner of said wires from police regulations requiring them
to raise or lower their wires to permit the passage of buildings or
other structures along the streets or alleys of the City of Tarkio
as herein provided.
[R.O. 2013 §515.060; CC 1991 §520.240; CC §68.560]
A. Any
person, company, corporation or co-partnership desiring to move a
house or other structure upon, across or under any such street, alley
or other public place within the limits of the City of Tarkio shall
first obtain a permit from the City Clerk so to do and shall state
the location of the house or building to be moved, its greatest length,
width and height and shall state definitely the route over which it
is to be moved and whether or not it will be necessary to cut, remove,
raise or in any other way interfere with any of the wires, lines or
cables hereinbefore mentioned. If it shall be necessary to cut, remove,
raise or in any other way interfere with the wires, the application
shall state to the owners of such wires the time and place, when and
where the cutting, raising or otherwise interfering with said wires
or cables will be necessary, and the proposed new location of such
building. The Mayor or the Chief of Police shall have authority to
require any changes in such route as he/she may deem proper over attending
circumstances.
1. If it shall appear from the application that it will be necessary
to cut, remove or in any way interfere with any electric wires, transmission
lines, telephone or telegraph lines, or any poles bearing upon such
wires, it shall be the duty of the City Clerk to give the owner or
owners of such wires or other appliances at least five (5) days' notice
of the time and place, when and where the removal or the cutting or
raising, or otherwise interfering with said wires will be necessary.
2. It shall be the duty of any corporation owning or operating said poles, wires or transmission lines, electric light, telephone or telegraph wires, after the service of notice as required in Subsection
(1) hereof, to furnish competent workmen or linemen to remove such poles or raise or cut such wires as will be necessary to facilitate the moving of said house or other structure. The actual expense incurred of any such house or building or structure shall be paid for by the person, firm or corporation owning and operating said lines.
3. If the person, firm or corporation owning or operating said lines,
wires, cables or appliances shall fail or refuse to raise, lower or
cut said wires, the persons engaged in moving any house, building
or other structure shall raise, lower, cut or remove any wires, cables
or transmission lines and shall do so only with competent workmen
or linemen and the same shall be done in a careful and workmanlike
manner and the said wires, cables, lines and other appliances shall
be promptly replaced and damages thereto promptly repaired at the
expense of the person, firm or corporation owning or operating said
wires, cables, lines or other appliances.