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2572 Improving Penn AVe-- ----- _-- _------,_ORD.INANCE_1gO_._2.5_7.2.. — (Published in The Salina Rvenirg Journal Migugt- 26th, 192P) 0 An ordinance providing,for the curbing,,guttering, excavating, grading and paving Penn Avenue in the City of Salina, Kansas from the nortH line oi' Elm Street to Riverside Boulevard, in said City, and providing for the cost thereof, how the same shall be assessed and the manner of payment therefor. t11HEREAS, by resolution duly adopted on the 15th day of May, 1922 the,Board of Commissioners of the. City -of Salina, Kansas have declared that they deem it necessary to excavate, grade, pave, curb and gutter Penn Avenue in the City of.Salina, Kansas from the north line -of Elm Street to Riverside Boulevard, in said City, and VYHEREAS, said resolution was published for six days in The Salina Evening, Journal, a daily newspaper published in the City of Salina., the official City paper of said City, and VI/H'E EAS, the majority of the resident property owners owning a majority in square feet of the lots or real estate l liable to taxation for the cost 'of said improvements did not J within t�,.enty days from the date of the last, publication of such resolution file with the City Clerk of said City their protest in writing against such improvement or the making thereof, therefor, BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That.it,is necessary and it is hereby ordered that Penn Avenue in the City of Salina, Kansas from the north line of Elm Street to Riverside Boulevard in said City be ex- cavated and graded to the established grade thereof as establish ed by ordinance of the City of.Salina,.Kansas, provided that at the intersections of streets and alleys said excavation and grading shall be carried to the lot line of the street so im- proved and that at such lot line the grade be made to conform to the established grade of such street or alley if the same has been established. 'Section 2. That it is necessary and -it is hereby ordered that Penn Avenue in the City of Salina, Kansas from the north line of Elm Street to Riverside Boulevard in said City be,curb- ed and guttered with such material as the Board of Commissioners may hereafter designate and select.as hereinafter provided for according to the specifications of the City Engineer of said City hereinafter provided for, and that at the intersections of streets and alleys said curbing and guttering be carried back to the lot line of the street so improved. Section 3. That it is necessary and it is hereby ordered 1 1 1 1 1 C C U that Penn Avenue in the City of Salina, .Kansas from the north line of Elm Street to Riverside Boulevard in said City be paved with such material as the Board of Commissioners may hereafter designate and select as hereinafter provided for ac- cording to the specification of the City Engineer of said City hereinafter provided for, and that at the intersections of streets and alleys said paving be carried back to the lot line. of the street so improved. Said street shall be paved for a width of thirty-three (33) feet excluding curb and gutter which are provided for herein. Section 4. For the work and improvement herein provided for the City Engineer shall make and file with the City Clerk on or before the 28th day of August 1922 complete plans and specifications for the curbing, guttering and paving of said street with the following materials; PAVING 1. 3 inch vertical fiber plain wire cut brick. 5 inch concrete base. Asphalt filler. 2. 2 inch asphaltic concrete. 5 inch concrete base. CURBING AND GUTTEFLI14G Combined curb and gutter - concrete. .From back of curb to paving line 30 inches. Curb to be 6 inches at top, 7 inches at bottom, 12 inches deep. Gutter to be 6 inches at curb, 7 inches at paving line, and that on or before the said last named date said City Engineer shall submit to the Board of Commissioners, under oath, detailed estimates of the cost of such paving and of such curb- ing and guttering of said street with the different kinds of materialherein mentioned and of the excavation and grading of said street. Section 5. That after such plans'and specifications shall have been made and prepared by the City Engineer and filed with the City Clerk as aforesaid, the Board of Commissioners may ad- vertise by advertisement published in the official City paper of Salina, Kansas for six consecutive days for the receipt of sealed proposals,for curbing, guttering and paving of said street with the different kins of material named and specified in the preceding section hereof and for the excavating and grading of said street to the established grade thereof -as herein provided for; and after the receipt of such proposals the Board of Comm- issioners shall select from :the different kinds of street paving 3 M material the -kind with v°hick said street ought in their judgment be paved and said Board of Commissioners may and are hereby authorized to let contracts for,the grading and excavating of said street to the lowest responsible bidder therefor,'and for the curbing and guttering of said street with the materials so select- ed and for the paving of said street with the materials so select- ed to the lowest responsible bidders therefor, as.determined by. said Board of ConTmissioners,- for the kind and character of curbing, guttering and paving which shall be determined upon by said Board of Commissioners and for:such excavating and grading; said Board of Commissioners reserve the right to reject any and all bids. Section 6. That for such excavating and grading special assessment shall be made for the full cost thereof on all lots and pieces of land to the center of the block on either side of the street for the distance to be improved according to the appraised value of said lots or pieces of land without regard to buildings or improvements thereon,said appraisement to be made in the manner as hereinafter provided for; the entire distance to be graded shall constitute one grading district. Section -7. That for such curbing, guttering and paving special assessment shall be made for the full cost thereof on each block separately, on all lots or pieces of land, to the center of the block on either side of the street according to the appraised value thereof without regard to the buildings or improvements thereon, for the distance to be improved. Section 8. After the passage and publication of this ordinance the Board of Commissioners shall appoint three dis- interested sppraisers, householders, who after having taken an oath to make a true and impartial appraisement of all lots and pieces of land_ liable to assessment and taxation for the cost of the improvements herein provided for shall within five days after having been notified of their appointment proceed to appraise said lots and pieces of land liable to assessment and taxation as aforesaid, as may be designated by the Board of Commissioners of said City, without regard to the buildings or improvements thereon, and after making said appraisement shall return same to the Board of Commissioners at the first meeting of said Board after such appraisement shall have been completed and after said appraisement is returned to the Board of Commissioners said Board of Commissioners shall designate a time for the holding of a special session os such Board for the purpose of hearing any 1 1 1 1 1 1 1 0 complaints that may be made as to the value of any lots or pieces of land appraised as aforesdaid, of which special session due notice shall be given in the official City paper, at which special session -the Board of Commissioners may alter the valuation of any lot or piece of lard if in their opinion the same has been appraised too high or too low, Section 9. For the purpose of paying for the work and improvements in this ordinance provided for, the Board of Commissioners are hereby authorized and directed to issue internal improvement bonds of the City of Salina in "an amount not to exceed the contract price of such improvements and to run for a period of ten years and be payable in ten equal in- stallments., together with the interest not to exceed five (5) per cent per ai)num, which bonds shall be made payable at the fiscal agency of the State of Kansas; and for the purpose of paying principal and interest on said bonds as they severally become due and payable the Board of Commissioners shall apportion and assess against the lots and pieces of land within the taxing district of such improvements special assessments covering the cost of such improvements and the apportionment therein contain- ed shall hold good for all the installments that are to be collected from the specific property chargeable with said im- provement. Such assessment and apportionment ordinance shall contain the total amount of tax apportioned to each tract, piece and parcel of land within the taxing district and shall state the number of annual installments in which such tax is to be collected; and thereafter the City Clerk shall annually, at the same time taxes are to be certified, certify to the County Clerk of Saline County, Kansas, a full list of all property liavle for such work and improvements, together'ti^Jith the respective amounts 0 due on each of said tracts, pieces and parcels of land, which amounts shall inclue the annual installments and interest on all unpaid balances for one year at the rate of six per cent per annum on such amounts so certified and shall be collected as other taxes are collected; provided, that for the purpose of defraying the cost of improving the intersections and areas formed by the crossing of streets and alleys as well as where the improvement is through or adjacent to the property of the City for which the City would be liable, the assessment shall be made against all taxable property of the City and paid by the City at large. 5 13 Section 10. 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, August 14th, 1922. Passed and approved ........,'August 21st, 1922. - F. S. Dyar, - - - - (SEAL) tayor. Attest:. Chas. E. Banker. City Cerc. 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 correct copy of Ordinance Number 2572 passed by the Board of Commissioners and approved by the Payor of the City of Salina, Kansas, August 21st, 1922; a record of the vote on its final adoption is found on Page 86 of Journal No. 10. Said Ordinance was published in The Salina Evening Journal August 26th, 1922. 0 Ci y ler . 1 1 u 1 (Published in The Salina Evening Journal 1922) ORDINANCE NO.� An Ordinance providing for the curbing,' guttering, ',excavating, grading and paving Penn Avenue in the City of`Salina, Kansas from the north line of.`.Elm Street to Riverside Bd)ulevard, in said . City, and providing for the cost thereof, how the same shall be assessed and the manner of payment therefor. WHEREAS, by resolution duly adopted on the 15th day of May, 1922 the Board of Commissioners of the City of Salina, Kansas have declared that they deem it necessary to excavate, grade, pave, curb and.gutter Penn Avenue in the City of Salina, Kansas'from the north line of Elm Street to Riverside Boulevard, in said City, and WHEREAS, said resolution was published for six days in The Salina.Evening Journal, a daily newspaper published in the City of Salina, the official City paper, of said City, and WHEREAS, the majority of the resident property owners owning a majority in square feet of the lots or real estate liable to taxa- tion for the cost of said improvements -did not within twenty days from the date of the last `publication of such resolution fi1.e .with the City Clerk of said City .their protest in writing against such improvement or the. making thereof, therefor, BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:- .a Section 1* That it is necessary and it is hereby ordered that Penn Avenue in the City of Salina, Kansas from the north line of Elm Street to Rivea-side Boulevard in said City be excavated and' graded to the established grade thereof as established by ordinance of the City of Salina, Kansas, provided that at the intersections of streets and alleys said excavation and grading shall be carried to the lot linof the''street so improved and that at such lot line the grade be made to conform to the established grade of such street or alley if the same has been established* Section 2* That it is necessary and it is hereby. ordered that Penrr_`.Avenue in the City of Salina, Kansas from the north line of x I -2e Elm Street to Riverside Boulevard in said City be curbed and guttered with such material as the Board of Commissioners may hereafter desig nate and s elect. as hereinafter provided for according to the speci- fications of the City Engineer of said City hereinafter provided for, and that At the intersections of streets and alleys said curbing and guttering be carried back to the lot line of the street so improved. Section 3. That it is necessary and. it is hereby ordered that Penn Avenue in the City of Salina, Kansas from the north line of Elm.Street to Riverside Boulevard in said Citybe paved with such material as the Board of Commissioners may hereafter designate and ..select as hereinafter provided for according to the specifications of the City Engineer of said City hereinafter provided for, and that at the intersections of streets and alleys said paving be . carried back to the.lot line of the street so improved. Said street shall be paved for a width of thirty-three (33) feet excluding curb and gutter which are provided for herein. Section 4. For the work and improvement herein provided for the City Engineer shah masse and file with the City Cle rk on or before the 2i -at day of August. 1922 complete plans and specifications for the curbing, guttering arra paving.,of said street with the following materials. PA VIN G 1. 3 inch vertical fiber plain wire out brick. 5 inch concrete base. Asphalt filler. 2. 2 inch asphaltic concrete. 5 inch concrete base. C URB I NG AND GUTTERING Combined curb and gutter - concrete. From back of curb to paving line 30 inches* Curb to be 6 inches at top..*.? inches at bottom, 12 inches ddep . Gutter to be 6 inches at curb, 7 -inches at paving line, and that on or before the said last named date said City Engineer shall submit to the Board of Commissioners, under oath, detailed estimates of the cost of such paving and of such curbing and.* guttering of said street with the different kinds of material herein mentioned and of the exea- nation and grading of said street,. Section 5. That after such plans and specifications shall have been made and prepared, by the City Engineer and filed with the City Clerk as aforesaid, the Board of Commissioners may advertise by advertisement published in the officl6l` Citypaper of the City of Salina, Kansas for consecutive days for the receipt of sealed proposals for curbing, guttering . and. paving of said street with the different kinds of .material named and specified in the preceding sec- tion hereof and for the 'excavating and..grading, of .said street to the established grade thereof as herein provided fear; and, after the receipt of, such, proposals the Board of Commissioners shall :{select from the differ- ent kinds of street . pa ving ms: tenial .the kind .with which said street ought in their judgment be paved and said Boalud of Commissioners may and are hereby authorized to let contracts for the grading and excavating of said street to the lowest responsible bidder therefor, and for the curbing and guttering of said street with the materials so selected and fot the paving of said street with the materials so selected to the lowest responsible bidders therefor, as determined by said Board of Commissioners, for the kind and character of curbing, guttering and paving which shall be determine d upon by said Board of Comm3:ssioners ' and•' - for such excavating and grading; . said Board of Commissioners reserve the right to reject any : and all bids, Section 6. That for such excavating and grading special assessment shall be made for,.;:the'. full, cost theye of, on^ all lots. and. pieces of land to the center of the block on either side of the street for the distance to be i?proved according to the appraised value of said lots or pieces of land without regard to buildings or improvements thereon said apprai sement to . be made in the manner as hereinafter provided for; The entire distance to be graded shall constitute one grading district. Section 7. That for such curbing, guttering and paving, spe- cial assessment shall be made for the full cost thereof on each block separately, on all lots or pieces of land, to the center of the block . • -4- on either side of the street according to the appraised value thereof without re gard.to the buildings or improvements thereon., for the distance to be imrzprovedo Section Be After the passage and publication of this ordinance the.:Board of Commissioners shall appoint three disinterested. appraisers, householders, who after having taken an oath to make a true and impartial appraisement of all lots and pieces of land liable to assessment and taxation for the cost of the improvements herein provided for shall within five days after having been notified of their appointment proceed to appraise said lots and pieces of land liable to assessment and taxation as aforesaid, as may be designated by the Board of Commissioners of said City, without regard to the build- ings or improvements thereon, and after making said appraisement shall., return same to the Board of Commissioners at the first meeting of said Board after such apprai seine nt shall ha v; been completed and 'after said appraisement is returned to the Board of Commissioners said Board of Commissioners shall designate a tire for the holding of a special session of such Board for the purpose of hearing any complaints that may be made as to the value of any lots cr pieces of land appraised as aforesaid.. of which special session. due. notice shall be given. in the official- City paper, at which special session the Board of Commissioners may alter the valuation o f any lot or - piece of land if in the it opinion the same has been apps i sed too high or too, low, Section 9, For the purpose of paying for the work and improve- ments in this ordinance provided for, the Board of Commissioners are hereby authorized and directed to issue internal improvement bonds of the .City of Salina in an amount not to exceed the contract price of such improv ement s and to run for a period of ten years and be payable in ten equal installments, together With the interest not to' exceed five (5) per cent per annum, which bonds shall be made payable at the fiscal agency of the State of Kansas; and for the purpose of paying principal and inter- est. on said bonds as they 'severally become due and payable the Board of -5- Commissioners shall apportion and assess against the lots and pieces of land within the taxing district of such improvements special assess- ments covering the cost of such improvements and the apportionment- therein contained shall hold good for all the installments that are to oilec- ted from the spe cific property chargeable with said improvement. A Such assessment and apportionment ordinance shall contain the total amount of tax apportioned to each tract, piece and parcel of land within the taxing district and shall state the number of annuaLLinstallments in which such tax is to be collected; and thereafter the .City Clerk shall annually, at the .same time taxes are to be certified, certify. to the County. Clerk of Saline County, Kansas, a full list of all property liable for such wank and irnprovements, together with the respective amounts due on each of said tracts, pieces and parcels of land, which amounts shall include the annual installments and interest on all unpaid . balances for one year at the rate of six per cent per annum on such amounts so certified and shall be collected as,other taxes are collected; provided, that for the purpose of defraying the cost of improving the intersections' and areas formed by the crossing of streets and alleys as well as where the improvement is through or adjacent to the property of the City, for which the City would be liable., the assessment shall be made against all taxable property of the City and paid by the City at large, Section 10, 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, August 14th, 1922, Passed and approved ......0.2 Attest: City UiLerk