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1408 Improve Fifth Street(Published in the Salina Evening Journal ourna 1908). ORDINANCE NO. / "f -v K An ordinanceproviding for the paving, curbing and excavating of Fifth street, in the city of Salina Kansas between the north side of Walnut street and the noriA side of Elm street excepting the square and area formed by the crossingof said Fifth streef with Iron avenue; s eci.fyi AM,the manner of construction; and prove. ing for Vae.cost, thereof and the manner of payment. WHEREAS, 'by resolution duly adopted. on the 20th day of January, 1908, the mayor and council of the city of Salina have declared that they deem it necessary to pave and curb Fifth street, in said city, between the north side of Walnut street and the north side of Elm street; MP Whereas, said resolution was duly published for ten (10) consecu- tive days in the "Salina Evening Journal," a daily newspaper published in.the city of Salina; and, Whereas, a majority'of the resident owners of property liable to taxation for the cost of such paving and curbing of said street, did not, within twenty (20) days from such last publication, file with the city clerk of said city their protest against such paving and curbing, or against the doing of the work or the making of the improvements; and, Whereas, the city of Salina, Kansas, is a city of the second class with less than ten thousand inhabitants; therefore, x Be it ordained by the Mayor and Councilmen of the city of Salina: -- Section 1. That it is necessary and hereby ordered that Fifth street, in the city of Salina, between the north side of Walnut street and the north side of Elm street, excepting the square and area formed by the crossing and intersection of said Fifth street with Iron avenue, I/ be paved, with such material as the mayor and council may hereafter designate and select, as hereinafter provided, forty-sven (47) feet in width, more or less, or from curb to curb, in the blocks between Walnut street and Iron avenue, and Ash street and Elm street, except in the block between Walnutx street and Iron avenue where the brick guttering now laid on said street, -as more. particularly shown by the plans, and specifications for the paving 'of such street, to which reference is here made; shall be allowed to remain; and in the block between Ash street and Iron avenue said paving shall be thirty-nine (39) feet in width, more or less, or from utter to gutter: Provided,, that at the intersections of streets and alleys such pavement shall be eighty (80) feet in 'width.'or from lot line to lot line, Sec. '2.- That it is necessary and hereby ordered that both sides of Fifthstreet, in the city of Salina, between Elm street and Ash street, be curbed with cement curbing six (6) inches in thickness,.and both sides of said street between Iron avenue and Walnut street, except that the curbing now on said street in said block, asshownand described in the plans and specifications -of the city engineer, to which refer ence is here made,,,'s`hioll be allowed to remain; ing shall be set sixteen Ld one-half feet from and parallel with the lot line on either side of said street, except at.the intersections of streets and alleys, where such curb shall return to the lot line of said Fifth' street. See. 3. That all excavating,filling and rolling necessary for the proper construction of said paving and curbing be done. Sec. 4. That the plans, specifications and profiles of the city engineer,now on file -with. -the --city clerk,for -the paving of said street with the differenet kinds' of material for street paving, to -wit: brick, . bitulithic and asphalt, and for the curbing and excavating of.said street, are hereby adopted and approved,and all the paving, curbing, excavating, rolling and filling provided for in this ordinance shall be done in accord ance with the plans, .specifications .and profiles of the kind of.paving to be selected by the said mayor and council as", hereinafter provided, whichs, such plans specifications and profiles of and for the kind of paving so selected by said mayor and council are hereb incorporated in and made apart of this ordinance in all respects as i the same were writtenct;in full her®in, and all the work and construction herein provided shall be done under the direction and superv'iPion of the city engineer, or,his duly authorized assistant. �-� Sec. 5. That suchPaving and curbing, shill "b' a o constructed according --the =6 8 t &KHW64 ,:grad®6f said Fifth street as retofore,established by the ordinances of said city of Salina. Sec, 6. That after the passage anqu 13" -bof this ordinance, 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 taxation for the improvements he;reinprovided for, shall within teh (10) days after having been noti- fied.of their appointment, proceed to appraise said lots and pieces I of ground liable to taxation (without regard to any buildings or improve- ments thereon), and after making said appraisement shall return the same to the city council at,the first meeting thereof after such'appraisement shall have been completed, and after said apIraisement is returned to the city council thh� moLyor and council shall designate a time for hold- ing a specialsessionfor the purpose of hearing complaints and equaliz- ing said app I raisement, of which special session due notice ,4*11 be . given in the official city paper, and at said special session the mayor and council shall,, -if they deem it just and proper, alter or change such I" L,,_ Lappraisem6�t- Sec. 7. That after the passage and publication of this ordinance the city clerk shall advertise for bids for the paving, curbing and ex- cavatinkerein provided for, in the official city, paper and such other newspapers as the mayor and council may direct, for such time as such mayor and council may designate, and such advertisement shall call for bids or proposals for all the kinds of paving specified and described in the said plans and specifications of the city engineer now on file with the city clerk, and after the reception of such bids and proposals the, mayor and council shall determine the kind of paving to be used on said street and may and are hereby authorized to let the contract for the paving of said street with the material so selected, and for the curbing and excavating of said street, to the lowest, most satisfactory and responsible bidder, as determined by the said mayor and council, for the kind and character of paving which shall be determined upon by said mayor and council, the said mayor and council reserving the right to reject any and all bids. Sec. 8. For the purpose of paying for said paving, curbing,, exca- vating, etc., the mayor and,council are hereby authorized and.directed Ao issue bonds of the city of Salina:, in an amount not .to.vxc:eed 'the contract price, and 'to run for a period of ten (10) years, and to be pay- able in ten (10) equal annual installments --one-tenth (1/10) in one year, one-tenth (1/10) in two years, and one-tenth (1/10) in each year there- after until the same shall be fully paid, together with interest not to exceed #ive (5) per cent per annum, which bonds shall be paid 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, the mayor and council shall., each year during the lige of said bonds, levy an assessment against the lots and pieces of ground liable to taxation for the improvements herein provided for, in an amount sufficient to pay the principal and interest for that year; Provided, that for the purpose of defraying the cost of paving and otherwise improving the squares and areas formed by the interesections 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 assessments shall be made against all the taxable. property in the city; and the city clerk shall certify said assessments, as they are severally made, to the county clerk of Saline.couhty, at the same time ann the same manner as other city taxes are certified, and said assessments shall be liable to the same penalties as all other taxes. Sec. 9. This ordinance shall take effect and be in force from and after its publication once.in the Salina Evening Journal. Passed and approved, March 1908. Attes ' y C r . T.