1981 Improve Santa Fe AvenueI2bPGII
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ORDINANCE NO.- 1981.
(Published in the Salina Daily Union 4�Z / ,.„E
An ordinance providing for the paving, guttering and excavating of
Santa Fe Avenue in the city -of Salina, Kansas, between the
south line of Walnut Street and the north line of North -
Street, specifying the manner of construction, providing
for the cost thereof, and the manner of payment and letting
the contract therefor.
WHEREAS, by resolution duly adopted on the 5th day of June,
1916, the Mayor and Council declared that it was necessary to
pave, gutter and excavate Santa Fe Avenue within the limits above
and hereinafter defined; and,
WHEREAS, said resolution was published for more than ten
consecutive days in the Salina Evening Journal, a daily newspaper
published in The Salina Evening Journal, a daily newspaper pub-
lished in the City of Salina; and,
WHEREAS, the majority of resident owners of property liable
to assessment and taxation for the cost of said improvement did
not, within twenty days from the lastublication of said resolu-
tion file with the City Clerk of said .Eity their protest against
such improvement or the making, thereof ; therefore,
Be it ordained by the Mayor and Councilmen of the City of Salina:
Section 1. It is necessary and hereby ordered that Santa Fe
Avenue in the city of Salina, Kansas, from the south 1 ine of Walnut
Street to the north line of North Street, be paved, guttered and
excavated with such material and in such manner as is hereinafter
designated and provided.
Sec. 2. The present bitulithi'c and asphalt pavement on said
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street shall be excavated and removed.' All holes and defects in
the present base on said street shall be re -filled and repaired in
a proper and workmanlike manner,,and ontsuch repaired base shall be
laid a pavement of Trinidad Asphaltic -Concrete, not less than two
inches in thickness. Said pavement shall be excavated and removed
as aforesaid so -as to leave the present base on said street intact,
except a three foot strip along and adjoining the curb on either
side thereof and saipPFAN ll be repaired according to the plans
and specifications of th? ty ineer for the doing of such work,
herein made a part of this orc i�� Said pavement to be laid and
r ro i f or` st
constructed as he ein p v ded ha,x end over the whole width
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of said street except a space three fe ade along and adjoining
the curb now located on either side thereof and except the space
within the rails of all street car tracks on such street and for a
distance of fourteen (14) inches on the outside of all rails of all
street car.tracks located on said street; provided, however, that
at the. intersection of streets and alleys with said Santa Fe Aven-
ue that pavement shall extend to the lot line on said Santa Fe
Avenue.
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Sec. 3 . Brick now laid within the rails of the street car
tracks on said street to be improved shall be taken up and re-laid
where it is necessary to take them up and re-lay them to make a first
class pavement, and the base thereunder shall be repaired where it is
necessary to so repair the same to lay a first-class pavement thereon.
The brick now laid along the outer edge of all street car rails shall be
taken up and re-laid in a proper and workmanlike manner on present base
which shall be properly repaired where it is necessary to repair the
same in order to lay a first-class pavement thereon.
Sec. 4. All work necessary to be done for the proper and work-
manlike construction of all the above mentioned improvements shall be
done and all of such pavement shall be built on and according to the
established grade of said Santa Fe Avenue, and in strict accordance
with the plans and specifications of the City Engineer for the making
of such improvements which plans and specifications are now on file
with the City Clerk and are hereby adopted as and for the plans and
specifications for the making of the improvements in this ordinance
provided for. Said plans and specifications are hereby made a part
of this ordinance as fully as if set out at length herein.
Sec. 5. The contract is hereby let to A. R. Young, doing busi-
ness as A- R. Young and Company, for the paving and excavating of
Santa Fe Avenue., within the limits hereinbefore defined and in the
manner and according to the provisions hereinbefore set out, at and for
the uniform of $1.00 per square yard, for the square yards of such
pavement actually laid and put in place. Such price shall include
and be full payment for all excavating and removing of pavement now
on said street, all repairing and re -filling of the present base on
said street according to the provisions hereof, all taking up and re-
placing of the brick on the outside of street car rails, and all new
pavement actually laid and put in place on said street.
Sec. 6. The present pavement and base on said Santa Fe
Avenue, within the limits herein defined, lying along the curb on
both sides of said street and for a distance of three feet out from
said curb shall be excavated, and a cement guttdr three feet wide and
bight inches thick next to pavement and six inches thick next to curb
shall be constructed along and properly joined with the said present
curb along said Santa Fe Avenue. Such gutter shall be constructed
according to the plans and specifications of the City Engineer herein
made a part hereof, Provided, however, that at the intersections of
streets and alleys such gutter shall be returned to the property line
on said Santa Fe Avenue.
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Sec. 7. All work necessary to be done for the proper and
workmanlike construction of said gutter shall be done and the
excavating and the removing of the present pavement and base, for
the making of such gutter, shall be done with care so that such base
shall not be injured nor impaired, except within the three foot strip
of such base to be excavated and removed for the purpose of replac-
ing the same with such gutter. If any of said base outside of
said three foot strip is injured or impaired in making such excavation
such injured or impaired base shall be replaced and repa ired by the
party or parties so injuring or impairing the same so as to leave
the same in as good condition as it was before it was so injured or
impaired.
Sec. 8. The contract is hereby let to Erickson Bros., for
the construction of said gutter in the manner hereinbefore specified
and for the excavation.and removal of the base and pavement to be
excavated and removed for the construction of such gutter at and
for the uniform price of forty-eight and one-half cents ._(48--O her
lineal foot for the lineal feet of such gutter actually constructed
and put in place. Such price shall be full payment for all work
provided for in Sections Six (6) and Seven (7) hereof.
Sec. 9. A contract is hereby' let to A. R. Young & Company,
for taking up and re-laying thebrick pavement within the rails of
street car tracks on said Santa Fe Avenue, provided to be taken
up and re-laid in Section Three (3) of this ordinance and for
repairing the base under such brick pavement as provided in such
Section Three (3), at and for the uniform price of forty cents (40¢)
per square yard for the sgTgare yards of such brick pavement and the
base thereunder actually taken up and re-laid.
Sec. 10. The work of paving and excavating said Santa Fe
Avenue as herein provided shall be commenced" within thirty (30) days
from the passage and publication of this ordinance and all such
paving and excavating shall be fully completed within ninety (90)
days after the passage and publication of this ordinance.
If such work shall not be fully completed within said period of
ninety days the said A. R. Young shall forfeit to the City of
Salina, as liquidated damages for such failure to complete the same.,
the -sum of_ V25 .00 for each and every day said work shall not be fully
completed after said above specified time for the completion thereof,
which said amount shall be held out of the amount to be paid A. R.
Young for the making of such improvement; Provided, however, that
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if said A • R. Young shall be delayed by act of God or other un-
aviodable cause the above period of ninety days shall be extended
such time that he is so delayed.
Sec. 11. Said A. R. Young shall at no time during the con -
strutting of said pavement havemnre than two blocks of the present
pavement torn up or disturbed and shall not have crossing of an
intersection torn up or disturbed or in an impassable condition
for a longer period of time than five days for the constructing
of such pavement, unaviodable delay excepted. Said A. R. Young
shall excavate the present pavement and repair and refill the base
thereunder and fully complete the pavement of one side of a block
on said Santa Fe Avenue before he shall commence any worg of exca-
vating or paving the other side of said street in said block.
Sec. 12. Said Erickson Bros., shall begin the actual work
of constructing the gutter provided to be constructed in Sections
Six (6) and Seven (7) of this ordinance within five days after
the passage and publication of this ordinance and shall have the
construction thereof fully completed thirty (30) days after the
passage and publication of this ordinance, and if such gutter is
not fully completed within said specified time for its completion the
said Erickson Bros., shall forfeit to the City of Salina, as liqui-
dated damages for such failure, the sum of $10.00 for each and
every day after said specified period during which such gutter shall
not be completed. Said amount so to be forfeited shall be held out
of the amount to be paid said contractor for the construction of
such guttering, Provided, however, that if said contractor shall
be delayed by act of God or any other unavoidable cause the above
period of thirty (30) days shall be extended such time as he is so
delayed.
Sec. 13. Said Erickson Bros., shall construct all of the
gutter herein provided to be constructed on one side of said Santa
Fe Avenue before he shall begin any work of construction of such
gutter on the other side of said Santa Fe Avenue.
Sec. 14. All parties constructing any of the improvements
herein provided for, shall first enter into written contracts with
the City of Salina containing all provisions of this ordinance and
shall furnish to the City of Salina good and suffdcient bonds pro-
tecting said City against all liens for labor and material resulting
from the construction of such improvements, guaranteeing the proper
and workmanlike construction of all of such improvements and guarah-
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teeing the immediate repair of all defects appearing in said
pavement within a period of five (5) years and all defects appear-
ing in said gutter within a period of two years,
specific property chargeable with such improvements. Such assess-
ment and apportionment ordinance shall good for all the installments
that are to be collected from the specific property chargeable with
such improvements. Such assessment and apportionemnt ordinance
See. 15. After the passage and publication of this ordin-
ance the Mayor and Council shall appoint three disinterested
householders, who, after having taken an oath to faithfully and
impartially appraise all lots and pieces of ground liable to taxa-
tion and assessment for the cost of said improvements, shall,
within ten days after having been notified of their appointment,
proceed to appraise said lots and pieces of ground liable to
assessment and taxation, as aforesaid, without regard to the build-
ing or improvements thereon, and after making said appraisements
shall return the same to the Mayor and Council at the first regu-
lar meeting thereof after such appraisement shall have been made
and completed, and after said appraisement is returned to the City
Council, the Mayor and Council shall designate a time for holding
a special session for the purpose of hearing complaints and equal-
izing said appraisement, of which special session due notice shall
be given in the official city
paper; and at such special sess ion
the Mayor and Council shall, if they deem it just and proper alter
or change such appraisement.
See. 16. For the purpose of paying for the work and improve-
ment in this ordinance provided for, the Mayor and Council are
hereby authorized and directed to issue bonds of the City of Salina,
in an amount not. to exceed the cost of such improvements, to run
for such a period of time as the Mayor and Council shall hereafter
determine, not exceeding however teh years from the date thereof,
and payable in equal annual installments together with interest
at not to exceed 5% per annum, which bonds shall be made payable
at the fiscal agency of ,the State of Kansas. For the purpose of
paying principal and interest on said bonds
as.they severally be-
come due the Mayor and Council shall by ordinance apportion and
assess against the lots and pieces of ground in the taxing district
of such improvements, special assessments covering the cost of such
improvements, and the apportionment therein contained shall hold
good for all the installments that are to be collected from the
specific property chargeable with such improvements. Such assess-
ment and apportionment ordinance shall good for all the installments
that are to be collected from the specific property chargeable with
such improvements. Such assessment and apportionemnt ordinance
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shall contain the total amount of tax apportioned to each tract,
piece and parcel of land within said 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 other taxes are certified, certify to the County Clerk of
Saline County, Kansas, a full list of all property liable for the
cost of such work amd improvements, together with the respective
amounts due on each of said tracts, pieces and parcels of land,_
which amounts shall include the annual installments and the inter-
est on all unpaid balances for one year at such rate as said bonds,
shall bear, and such amount so certified shall be collected as
other taxes are collected; Provided, that for the purpose of defray-
ing the cost of improving the squares and areas formed by the cross-
ing of streets and alleys, as well as where the improvements is
through or adjacent to. property of the City, for which the City
would be liable, the assessment shall be made against all taxable
property of the City.
Sec. -17. This ordinance shall take effect and be in force
from and after its publication once in The Salina "Daily Union.
Passed and approved, August 21st, 1916.
J. E. Putnam,
(SEAL) Mayor.
Attest:
Chas, R. Banker,
City Clerk.
;TATE OF KANSAS )
COUNTY OF SALINE ) SS.
CITY OF SAL INA )
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 an ordinance passed by the Council and ap-
proved by the Mayor of the City of Salina, Kansas, August 21st3, 1916:
and a record of the vote on its final adopt ion ' i s found on Page
of Journal No. 8.
City clerk.
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