2689 Improving Penn Ave6-115 4 1.
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_ORD_INA
An Ordinance providing, .for the curbing., guttering,, excavating_, grading
and paving.of Penn Avenue in the City of Salina,. Kansas from the
north line of Ash Street to the south.line.of.Elm Street in said
City., and providing,for the cost thereof,_ how. the..same shall be
assessed and manner of payment therefor'
WHEREAS, by resolution duly adopted September.5th, 1922s, the
Board of Commissioners of the City of Salina,.Kansas have"declared
that they deem it necessary to excavate; grade.,. pa_ve.,;. curb and gutter
Penn Avenue in the City of Salina, Kansas. from the ,,nor th,'line of Ash
Street to the south line of 'Elm Street in sad—City, and
WHEREAS, said resolution was pu:blished..for.six days..in The Salina
Evening Journal, a daily newspaper published..in_wthe_City of Salina,
the official city paper of said City,.and.__
WHE E S, the majority of the resident..owners of property owning
a majority in square feet of the lots or real.estate liable to taxa-
tion for the cost of said improvement did.no,t within_.t,wenty days from
the date of the last publication of such reso.l.utio.n. f.il.e.. with the City
Clerk of said City, their protest in writing.agains.t.su.ch improvement,
or the making.thereof, THEREFOR,
BEL IT ORDAINED ,by the Board of Commissioners of_.the..C.ity, of Salina,
Kansas
Sect -ion 1.
That it is
necessary and
it is hereby ordered
that
Penn Avenue, in
the City of
Salina, Kansas
from the north -.':,line
o':C Ash
Street to the south Fine of Elm Street . 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 excavating and grading shall be carried to the
lot line of 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
Penn'Avenue in the City of Salina, Kansas from the north`1ine of Ash
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Street to the south line of Elm Street in said City be.,curbed and
guttered with the said material as the Board of Commissioners may
hereafter designate and select as hereinafter provided for according
to the spe cifications of the City Engineer of said Cityl,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 Ash
Street to the south line of Elm Street in...said City be paved with such
material as the.Board of Commissioners may hereafter designate and
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select as hereinafter provided for according t1b.the.specifications-
of the City Engineer of said City hereinafter -provided for and
that at the intersections- of. streets ,and.. alleys,.s.aid paving be
carried back to the lot line of the -street so,improved. Said street
shall be paved for a width of thirtyr!three._(.33)';.feet., excluding
curb.and gutter which are provided for herein.
Section 4. For the work and.improvement..here.in provided for
the City Engineer shall make and. - file. with,,,,,tho.-City ,-Clerk on or
before the 19th day of February, 1923,complpte�,,Olans.and specifi-
cations for the curbing, guttering..oLnd..paving.o'f:pAid street with
the following materials:,
Paving
1'0---3 inch Vertical fiber.plain,-wire cut brick,
5 inch concrete base,
Asphalt Fillero
2. 2 -inch asphaltic concrete,
6 -inch concrete base,
30 6 -inch Portland Cement-Conerete..(Reinforeed)
Curbing, &,Guttering,..,-,
Combined curb and"gutt'er �0.6ncre�e',,
From back of curb to paving line 30 inchest'.
Curb to be 6 inches. at top# 7 inches at bottom., 12
inches deep-.," -
Gutter to be 6 inches at curb., 7 inches atpaving line.,
-and-that.on or before the last named date said di.ty..Engineer shall:
submit tothe Bbard df'Cdmmissionersv,under...-o.a.th,'.detaiied.estimates
.of the cost of such paving and of such -curbing. -guttering of said
street with -the different kinds'of-.mat-e.r.ials,herei.n..men,.tioned and
of excavating and grading of said street.
Section 5. That after such plans and specifications shall
have been made and prepared.by.the-C.ity Engineer-andfiled with
the City Clerk as aforesaid the.Board-.of--C-ommis.s-ioners'may adver-
tise by advertisement published in the...official..:,,C.ity,,-,.p,aper of the
City of'Saliha for consecutive'days for th.6,recei-pt of sealed
proposals for the curbing, guttering and pavingJof said-6treet with
this'-different.kinds of material
ateriAl n6m6d-.and,specified:Ln,the preced-
ing 6-edtl6n hereof and for the excavating and,..grading.of -said street
to o'st&b`116h6d grade 'thereof as herein, provided.. for; and after
the receipt_ of such proposals the Board of Commissioners shall se-
ledt from 'the dif fereiA kinds of materials the kind with'which said
street ougt, in.'the-ir judgment., be paved- and said Board of Comm-
issioners
omm-
i sione* rsare 'fiereby a uthoized to le t contracts* for the grading and
-
excavating of said street to the lowest responsIble-bidder theref(w
9, 1.
33-V
040
and for the curbing and guttering of said street with the materials so
selected to the lowest responsible bidder therefor.,..a,s determined by
said Board'of Commissioners, for the kind and character of curbing,
guttering and paving, which shall be determined.upon_by.,s aid Board of
Comme'sioners,, 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_.speeiai assess-
ments shall be made for the full cost thereof.on-..eaeh_l.otI,and piece 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 the buildings or..,improvements. thereon,
said appraisement to be made in the manner.as.here.inafter'provided for.
The entire distance to be graded shall -constitute one grading district.
Seetion,7'0 That for such curbing,guttering..and.pa.ving special
assessments shall be made for the full cost, .,the,re,of_.on..eaah block sep-
arately, on all lots or pieeesof 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 dis
tante to be improved.
Sddti6n.8. After the passage and publication of thisordinance
the Board of.Commissioners shall appoint three disinterested apprais-
ers, householders, who, after having taken an oath to make:a true and
impartial appraisement of all lots, and piecesof land liable to assess-
ment and.taxation for the cost of the improvements.herein'provideda
shall within five (5), 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 re-
turn the same to the Board of Commissioners and said Board of Comm-
issioners shall designate a time for holding a special session of such
board for the purpose of hearing any complaints that may be made as
to the value of any lots or 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
any valuation
of any lot or
piece
of land if, in their: opinion,9 the
same has been
appraised too
high
or too low,
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Section 9. For the purpose of paying fo.the.work and improve
ments in thie ordinance provided for,. the.._Board.of Commissioners
are hereby authorized and directed:t.o.issue.internal improvement
bonds of the City of Salina.,.. in._ an .amount .not to, -:exceed the contract
price for such improvements, 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 fis cal agency -of .the.. State,l of, Kansas; and for
the purpose of paying principal .,and., ,inter_e,s:t.. on , s -aid bonds as they
severally become due and payable, the, Board,,,;o,f, Corrmmiissioners shall
apportion and assess against the.lot.s and pieces'.of"land within
the taxing district.of such improvements.,s.pecial...assessments cov-
ering the cost df such improvements., and;,the apportionment there-
in contained -shall hold good for.all..theinstallments that are to
be collected from the specific. property .,ehargeable_,with said im-
provements. Such'assessment.and apportionment ordinance shall
contain the total amount of tax apportioned toeach.tract, piece
and parcel of land within the taxing district and shall state the
number of annual installments in which such taxis to be collect-
ed; and thereafter;the City Clerk shall annually, at.the same
time other taxes are certified, certify to theCounty Clerk of
Saline County, Kansas -a full list of all the property liable
for such work and improvement, together with the respective a -
amounts due on each of said tracts, pieces and',pareels of land,
which amounts shall include the annual installments and interest
on all unpaid balances for one year at the rate of six (6) per
cent per annum on such amounts so certified., and such assess-
ments so certified shall be calleeted as other taxes are collect -
,ed, Provided., that for the.purpose of defraying the cost of im-
proving the intersections and areas formed by the crossing of
streets and alleys as well as where the improvement is through
or adjacent to property of the City, for "which the City would be
liable, the assessment will be made against all taxable property
of the City and paid by the City a t 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.. February 5th, 1923 -
Passed and approved,.February 12th, 1923.
(.SEAL)
Attest:
Chas. E. Banker
Pity. Mrk
STATE OF KANSAS )
)S5
COUNTY"' OF SALINE)
S Dyar
ayor
I, Chas. E. Banker, City Clerk -of the ..City.o.f..Salina,.Kansas,
do hereby certify.that the above and..f,oregoing is a true and.
correct -copy of Ordinance No. 2689s, -passed by_.the.Board of Comm®
issioners and approved by the Mayor-.o,f the.C,it.y of -Salinas Kansas
February 12th,; 1923; and a record of" the vote on its final a-
doption is found on page D`1 of Journal No. 10....-
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city ulerk
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(Published in The Salina Evening Journal @ 1923)
- Q
ORDINANCE NO:
An Ordinance providing for.the curbing, guttering, excavating, grading and
paving of Penn Avenue in the City of Salina, Eansas from the north
Line of Ash Street to the, south line,of Elm Street in said City, and
providing for the cost thereof, how the same shall be assessed and
manner of payment therefor.
WHEREAS, by resolution duly adopted September 5th, 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 Ash Street to the south line
of Elm Street 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 owners of property 'owning a
majority in square feet of the lots or real estate liable to taxation
for the cost of said improvement did not within twenty 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
therE;of, 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, 'hansas from the north line of Ash Street to
the south line of Elm Street 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
excavating and grading shall be carried to the lot line of 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 itis hereby ordered that Penn
Avenue in the City of Salina, Kansas from the north line of Ash Street to
the south line of Elm Street in said City be curbed and guttered with the
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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.
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Section 3., That it is necessary and it is hereby ordered that Penn
Avenue in the City of Salina, Kansas fromthe north line of Ash Street to
the south line of Elm Street in said City be paved with such material as
the Board of Commissioners may hereafter designate and /elect as herein-
after 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 shall make and file with the City Clerk on or before the
day ofj;/� , 192., 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,
3. 6 inch Portland Cement Concrete, (Reinforced)
CURBING AND GUTTERING
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 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 materials herein mentioned and of the excavating and
grading of said street. -
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Section 5o That after such plans �.nd specifIcations shall
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have been made and propaico by the 0L engineer I -Id filed with ty
the city Clerk as afores-id the Board. of Commissioners znay arIvOrtise
by advertisement publ-ishad in the official CitY P,`�POIC' of the City o.1f
Salina for consecutive d --Y
's for the receipt of sea -Led pro-
pos,qls for the c.urbinf_-,,, gutterinE and pavingof 1 --.id street with the
different kinds of inl-tt:rial n7.med and specified in the preceo-ing
section hereof ,,,�nd for the oxc�lvl`tiTV!, -.nd E:rL.d'LnE)' of said street tc
tre 6stQ.blishe'd grade tlio-re,,of as herein prcviC�e(? for; and fter the
sh,select
-Com �xs . .11
receipt of such propos,.%Ils t-hC; 130;._ra ..,f s s i u n c
from the different kinds of T:,5'.tcrils tree 1, i r _tjw�oh s, -Ad btreeite
OuE-ht,o in their j,46.gmentt, be p,:.vcc:. anc' said Po of corlic.lissionera
are hereby. authorized to let con't-jr^.cts for the pr,, d L nd eye"cvc.tinv
of said street to tho loviestj responsible bidder therefor and for
guttorjni� of sai(j street With the M-It6l'i-als so
the curbing.r,.na . E
scle6ted to the"low es re-,pQnsiblo biff-ev,3 tj)-cip(--f or �.s detarmi4�d
by sai(I Boarci of Conlllissi.OnOrs$ for the kind -and char,,Cter of curbi,),-
gutterinE,, ane, uavinE; which shall be (leterwinod upon by said BOard Of
Cowmizviqners, anc.. for such exe.s,.-,in.tjnk:; t.njd Bow rd. ofC',
Curr,mission,e,rs reserve the r_j[,,ht reject any and '-;'11
ThRt for such excRvtuit�nF, anl grad -L -Ing, special
assessment shall be fo;- full Cost thena,or oft all 'dots and
f
pleces, of lane?. to the center (,f t Ir I e b ck on either side Otrie
street for the distance to be improved Recording to the appraisee
of lsnd without regard to the buildingsVro'lue 'of said lot8 or piece.'s
orimpto vebe nt , s thereon,., ss -Li -6, P.Pj)rRi8Q!r'Ort t"c) be in the manner
-,tire di stance to be graded
entire as hereinafter provJe.ed,;. for
,
shall constitute on Ere n�
.; istrlet
utterin� and paving
7 That .for sur�h oxrbilnlg, g
each
ament shall iiade for the full cast 'thereof on e
special' asses be
block separatelyo on all lots or pieces of Ian6, to the center o
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the bloc- on either side of the -street according to the 8�pprui
i' �
valfie: there-o•f. with -out re,�ard to tine, bu..Uiltf.ings or improvements'thereon,
for , the diatan'de, *,- be- improved.-.
Section: S,,. kftle.r: the passage al-Id,publication of this: ord-41-riance
t1ae Board -of: G6=iia:pioners, shalill appoint three -disiriterested appre-is.
era -
haus -,h olders.,, who after having taken an oath to, make -a true and
impartial, appraiser -tent of all lots, o.nd pieces of,. land liable- to
assessment, and taxation for the -cost of.the improvell'le-Cits herein,. pro.
-vided-for shall within five days 'aftb-r''naving bee,_ri notified of their.,
L said Qts and pieces'of land liable to
a -L _L -
ppoi�)trr=A, proceed 'to f�ppra se s: -
,as se4sment, arid. taxatioii as aforesT,id, as rr.ay-be designated by.the
the same to the 13o-,t4rd of Qornziiss ioners, �-�nd' said Board of . Gormi i's ioner.!:
shn.11 deb ;nate a time for Iaoldhiga SeSsiorlof -such B;)tl.l,d
or: the. purpose ofheaping any aompl,}Ant& that inEtir' be --made - as, to thQ
value of any-Iot,&,or pieces of 'land aforQ8t.idk of which i ch
sPecj-aj'session: due notice shr,11 be—givcri in the offici6l City -paper -4
atwhicli,speoial session the Bort"-6. of Commissioners iv..y Riter ;Fny.
vals).ation of any lot -or-.pieco of -Innd `.f in th3ia� opji-vLon the s,,?.rjie
has been appraised too high or too �10t"J. ,
Section 9k For , -the -urn CP_
oae.of pe.ying: for the work i nd iraprove-
rient,§ in this orriinanco,prow i-ded for, The Board of Cormni,97sionerv-are
1-iereby. authorized v.nd dfIrect-ed to issue internal improvement bone -s
the City of:.Salinns, in an v.:�tiovnt not to exceed the contract price fov,",
such -improvements, and to, run f or - a period of ten years . and be payab.".Ir.,
in ten equal installments toEet'Lier with the fntui.est not to exaeec
five per- cent - per anns-r.i, W.1hich bbit6sslhall be _-nadEi payable at.
the fiscal agency . of theS «te. of KFL.nsas.-; and for thepurpose of
PC-,ying principal and -Inter.ist*on said borids as they severallybiacme
c',ue and payable the Boar! of r3onmissioners s1iail ap-,ortion an(f, assess
against the lots and T.Aer,_3 o.-.' land v.rithin the tax'inF, district of such
improverfients, special assessments covering the cost of such improvements.
Citta without'regard-
to the
buildings'
or improvemeilts, thereon and
after..riLfLk-in& ap--n-aioement
shkII, rotor -1—
the same to the 13o-,t4rd of Qornziiss ioners, �-�nd' said Board of . Gormi i's ioner.!:
shn.11 deb ;nate a time for Iaoldhiga SeSsiorlof -such B;)tl.l,d
or: the. purpose ofheaping any aompl,}Ant& that inEtir' be --made - as, to thQ
value of any-Iot,&,or pieces of 'land aforQ8t.idk of which i ch
sPecj-aj'session: due notice shr,11 be—givcri in the offici6l City -paper -4
atwhicli,speoial session the Bort"-6. of Commissioners iv..y Riter ;Fny.
vals).ation of any lot -or-.pieco of -Innd `.f in th3ia� opji-vLon the s,,?.rjie
has been appraised too high or too �10t"J. ,
Section 9k For , -the -urn CP_
oae.of pe.ying: for the work i nd iraprove-
rient,§ in this orriinanco,prow i-ded for, The Board of Cormni,97sionerv-are
1-iereby. authorized v.nd dfIrect-ed to issue internal improvement bone -s
the City of:.Salinns, in an v.:�tiovnt not to exceed the contract price fov,",
such -improvements, and to, run f or - a period of ten years . and be payab.".Ir.,
in ten equal installments toEet'Lier with the fntui.est not to exaeec
five per- cent - per anns-r.i, W.1hich bbit6sslhall be _-nadEi payable at.
the fiscal agency . of theS «te. of KFL.nsas.-; and for thepurpose of
PC-,ying principal and -Inter.ist*on said borids as they severallybiacme
c',ue and payable the Boar! of r3onmissioners s1iail ap-,ortion an(f, assess
against the lots and T.Aer,_3 o.-.' land v.rithin the tax'inF, district of such
improverfients, special assessments covering the cost of such improvements.
and the apportionmc;nt oa?iiG -ined sh^11 hole good_ for all the
installmento that are to be cclle ;ted from the specifio property
chatgeab?e with sad . i _provements , Such assessment and apportion.
meat ordinance, sha11 contain the. total --.mount. of .t,.x appo,^tioned
to each tract, piece and parcel of I .ne within tho t_.xinE (istriwt
anc3. sh.a.11 statetho number of annual installments in which such tax
is to be collected; and tli.ereafter the City Clerl: s ial1' annua11y5,
at the a=e time other taxes are corti fieC?; certify t) the County
Clerk .,:)f Saline County, I�a.nsas a full list >f all ,1 roperty li e.ble
for such work and impteovement, together with t1he respective aniounts
due on e€.ch of said tracts, niec�.s v.nctof land, which
amounts shr.11include the znnu^.l inf;tf lironts ann on all
unpnie bal^.rices- for cnq ye -.r- at the r^.te -)f six (•6) nor cent per
annum on such m, - ants so certified shal"j_ be collected as other taxes
are collected; Pro.vicad that for the purpose of c1efrayinj; -the cast
of improving the inters(;cti::)ns w.nd v:r&as formed by, tho crossing of
streets and nlleys well urnero the imprnvement is through or
adjacent to p roporty ;,.f.' the City, f:)r which the City laould be 1�able
the. asses-,ment will bo ;:aane taxable j.ropert f of the City
and pt i6 by th6 C$ty at lv-rgo .
Section 100 This o:,it-_nance' shall t.c.14.e effect and be In full
force, from s,& after, its t)ublic�)tion once in the official city papeX-p
Tntroc.ucec? ,for first recdingD
Passed and anuroared y 7:�
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A ttes t g ,
CIE
t�er�