1411 Improve Elm Street(Published in the Salina.Evening Journal
ORDINANCE NO. //
An ordinance providing for the paving, curbing and excavating of Elm
street, in the city of Salina, Kansas, between the west side
of Fourth street and the east side of Seventh street, except-
ing the squares and areas formed by the crossing of said Elm
street with Fifth street and Santa Fe avenue; specifying the
manner of construction and providing for the cost thereof and
the manner of payment.
WHEREAS, day 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 Elm street, in said city, between the west
side of Fourth street and the east side of Seventh street; and,
Whereas, said resolution was duly published for ten (10) consec-
utive days in the® Salina Evening Journal," a daily newspaper published
in the city of SaA ina; 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 the thousand inhabitants; therefore,
Be it ordained by the Mayor and Councilmen of the city of Salina: --
Section 1. That it is necessary and hereby ordered that Elm street;
in the city of Salina, between the west side of Fourth street and the
east side of Seventh street, excepting the squares and areas formed by
the crossing and intersection of said Elm street with Fifth street and
Santa Fe avenue, be paved, with such material as the mayor and council
may hereafter designate and select, as hereinafter provided, forty-seven
(47) feet in width, more or less, or from curb to curie, except at the
intersections of streets and alleys, where such pavement shall be eighty
(80)'feet in width, or from lot line to lot line.
Sec. 2. That it is necessary and hereby ordefed that Elm street,in
the city of Saline,, between the limits above set forth, be curbed on
both sides thereof, with cement curbing six (6) inches in thickness;that
such curbing shall be set sixteen and one-half feet from and parallel
with the lot 4ipe on either side of said street, except at._the intersec-
tions of streets and alleys, where such curb shall return .to the lot line
of said Elm street.
Sec. 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 different kinds of material for street paving, to -wit; brick,
bitulithic and asp4alt, and for the curbing and excavating of siaid
street,, are hereby adopted and approved,and all of the paving,curbing,
excavating,rolling and filling provided for in this ordinance shall be
done in accordance with the plans,specifications and profiles of the kind
of paving to be selected by the said mayor and council,as hereinafter pro-
vided,which such plans,specifications and profiles of and for the kind
of paving so selected by said mayor and council are hereby incorporated
in and made a part of this ordinance in all respects as if the same were
written out in full herein, and all the work and construction herein
provided for shall be done under the direction and supervision of the
city engineer, or his duly authorized assistant.
Sec. 5. That such paving and curbing shall be constructed accord -
into the established grade of said Elm street as heretofore established
byAordinances of V20 city. off' Salina.
Sec. 6 That after the passage I of this ordinance,
the mayor and council shall appoint three disinterested householders
who, after havigg taken an oath to faithfully and impartially appraise
all lots and pieces of ground liable to taxation for the improvements
herein provided for, shall, within ten (10) days after having been no-
tified of their apppointmentl, proceed to appraise said lots and pieves
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
is
shall have been completed, 'land after said appraisement kmzxk 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 said special session the mayorA--k
council shall, if they deem it just and proper, alter or change such
appraisement.
Sec. 7. Tht ter the passage and publication of this ordinance
the city clerk shall''advertise Xfor bids for the paving, curbing and ex-
cavating herein 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 sai lans.and specifications of the city engineer now on file with
the city clerk, and after the reception of such bids and proposals th&G
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 re-
sponsible 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
to issue bondsoof the city of Salina, in an amount not to exceed the
contract price, and to run for a period of ten (10) years, and/be paya-
ble in ten (10) equal annual installments --one-tenth (110) 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?Ut to
exceed five (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 life 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 intersections 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 county, Rmam at the same time and in 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 ids publication once in the Salina Evening Journal.
Passed and approved, March tFe`L, 1908.
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