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2689 Improving Penn Ave6-115 4 1. ) _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 4 . 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 s 1 1 1 I I I I H 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, �7 1 1 I� 1 D r 1 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....- 1 C 1 4 city ulerk 1 C 1 (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 -2 - 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. v 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. - -3 - Section 5o That after such plans �.nd specifIcations shall d. 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 13 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:� O 1- aygr A ttes t g , CIE t�er�