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5997 Street ImprovementsORDINANCE NUMBER .1 1 (Published in the Salina Journal3 , 1955) AN ORDINANCE providing for the paving and grading of Duvall Street (Twenty-eight (28) feet wide from toe of gutter to toe of gutter) with concrete, from the north line of Crawford Avenue to the north line of Haven Avenue; Paving and grading of Ellsworth Avenue (Twenty- eight (28) feet wide from toe of gutter to toe of gutter) with concrete, from the east line of Sunrise Drive to the east line of Roach Street; Paving and grading of Gebhart Street (twenty -6 - eight (28) feet wide from the toe of gutter to the toecf gutter) with concrete, from the south line of Cloud Street to the north line of Charlotte Street; Paving and grading of Gebhart Street (Twenty-eight (28) feet wide from toe of gutter to toe of gutter) with concrete, from the north line of Charlotte Avenue to the south line of Leslie Avenue; Paving and grading is of McAdams Road (Twenty-eight (28) feet wide toe of gutter to toe of gutter) with concrete, from the west line of Pearl Avenue to the east line of Lewis Avenue; Curbing, Guttering, Paving and grading of Armory Road (forty-one (41) feet wide back of curb to back of curb) with; concrete, from the edge of present pavement on Broadway Boulevard to a line 100 feet west of the west line of the Missouri Pacific Railroad right-of-way; Curbing, Guttering, paving and grading of West Walnut Street (thirty-three (33) feet back of curb to back of curb) with con- crete, from the west line of Clark Street to the center line of Broadway Boulevard; Paving and grading of the alley first east of Twelfth Street, (twenty (20) feet wide) with concrete, from the north line of Elm Street to the south line of Bishop Street; and providing for the payment of the cost thereof, how the same shall be assessed, and the manner of the payment of the cost thereof. WHEREAS, by Resolutions Numbered 1590, 1568, 1567, 1566, 1589, 1592, 1579, and 1587 duly adopted on August 9, 1955; May 31, 1955; August 16, 1955; July 19, 1955; August 2, 1955; by the Board of Commissioners of the City of Salina, Kansas, have declared that they deem it necessary to pave and grade Duvall Street (twenty-eight (28) feet wide from toe of gutter to toe of gutter) with concrete, from the north line of Crawford Avenue to the north line of Haven Avenue; pave and grade Ellsworth Avenue (twenty-eight (28) feet wide from toe of gutter' to toe of gutter) with concrete, from the east line of Sunrise Drive to the east line of Roachi Street; Pave and grade Gebhart Street (twenty-eight (28) feet wide from the toe of gutter toi the toe of gutter) with concrete, from the south line of Cloud Street to the north line of Charlotte Street; Pave and grade Gebhart Street (twenty-eight (28) feet wide from toe of gutter to toe of gutter) with concrete, from the north line of Charlotte Avenue to the south line of Leslie Avenue; Pave and grade McAdams Road (twenty-eight (28) feet wide toe of gutter to toe of gutter) with concrete, from the west line of Pearl Avenue to the east line of Lewis Avenue; Curb, Gutter, Pave and grade Armory Road (forty-one (41) feet wide back of curb to back of curb) with concrete, from the edge of present pavement on Broadway Boulevard to a line! 100 feet west of the west line of the Missouri Pacific Railroad right-of-way; Curb, Gutter, Pave and grade West Walnut Street (thirty-three (33) feet back of curb to back of curb) with concrete , from the west line of Clark Street to the center line of Broadway Boulevard; Pave and grade the alley first east of Twelfth Street, (twenty (20) feet wide) with concrete, from the north line of Elm Street to the south line of Bishop Street;. I WHEREAS, each of the said resolutions were published for six days in the Salina, Journal, a daily newspaper, published in said city, and being the official city paper, and the majority i of the resident property owners owning a majority of the square feet of the lots or real estate from the liable to taxation for the cost of said improvements and did not within twenty] days from the date of the last publication thereof, filed with the City Clerk a sufficient pro test in writing against the making of said improvements, no protests of any kind having been filed, SO, NOW THEREFORE, 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 Duvall Street, from the north line of Crawford Avenue to the north line of Haven Avenue, be paved and graded with concrete twenty-eight (28) feet wide from toe of gutter to toe of gutter, with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 2. That it is necessary and it is hereby ordered that Ellsworth Avenue, from the east line of Sunrise Drive to the east line of Roach Street, be paved and graded with concrete twenty-eight (28) feet wide from toe of gutter to toe of gutter, with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. 1 11 concrete twenty-eight (28) feet wide from the toe of gutter to the toe of gutter, with exca- vation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 4. That it is necessary and it is hereby ordered that Gebhart Street, from the north line of Charlotte Avenue to the south line of Leslie Avenue, be paved and graded with concrete twenty-eight (28) feet wide from toe of gutter to toe of gutter, with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 5. That it is necessary and it is hereby ordered that McAdams Road, from the west line of Pearl Avenue to the.east line of Lewis Avenue, be paved and graded with concrete twenty-eight (28) feet wide toe of gutter to toe of gutter, wih excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 6. That it is necessary and it is hereby ordered that Armory Road, from the edge of present pavement on Broadway Boulevard to a line 100 feet west of the west line of the Missouri Pacific Railroad right-of-way, be curbed, guttered, paved and graded forty-one (41) feet wide back of curb to back of curb with concrete, and with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. i Section 7. That it is necessary and it is hereby ordered that West Walnut Street, from j i the west line of Clark Street to the center line of Broadway Boulevard, be curbed, guttered, paved and graded with concrete thirty-three (33) feet back of curb to back of curb, with ex- cavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 8. That it is necessary and it is hereby ordered that the alley first east of Twelfth Street, from the north line of Elm Street to the south line of Bishop Street, be paved and graded with concrete twenty (20) feet wide, with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 9. That for the work and improvements herein mp provided for the City Engineer shall make and file with the City Clerk on or before the 4th. day of October , 1955, com- plete plans and specifications for the curbing, guttering, paving and grading with excavation necessary therefore, of each of the streets or portions thereof described in Section 1 to 8, both inclusive of this ordinance, with the following type of improvements; Concrete combined curb and gutter on each side thereof, 30 inches wide from back of curb to paving line, curb 12 inches deep at back, gutter 6 inch deep; and the necessary grading of each to the established paving grade, and the paving thereof with 6" reinforced con- crete, provided that in the event of the non-availability of reinforced material that then said pavement shall be constructed with concrete to a depth of 7 inches between the curb and gutter line on each side thereof and within the limits of said streets hereinbefore described. The j streets between the guttering lines and within the limits hereinbefore defined shall be graded to the established paving grades and paved with reinforced concrete six (6) inches deep, provided that in the event of the non-avail- ability of reinforcing material, then that said pave- ment shall be constructed with concrete to a depth of 7" deep. and said Engineer shall on or before the same date, submit to the Board of Commissioners under oath, detailed estimates of the cost of such work and improvements. Section 10. That after such plans and specifications have been made and prepared by the City Engineer and filed with the City Clerk as aforesaid, the Board of Commissioners may advertise published advertisement in the official city paper of the City of Salina, Kansas, for three consecutive days for the receipt of sealed proposals for the improving of said streets with the kind of material named and specified in the preceeding sections hereof, and for the excavating and grading necessary for the completion of said work, and after the receipt of such proposals, the said Board of Commissioners may and are hereby authorized and directed to let contracts for the improving of said streets with the materials selected by them to the lowest responsible bidder or bidders thereof, as determined by the Board of Commissioners, and for such excavation and grading. Said board reserves the right to reject any or all bids.', alter any valuation of any lot or piece of land, if, in their opinion, the same has been appraised too high or too low. Section 13. That for the purpose of paying the cost of the work and improvements in this ordinance provided for, the Board of Commissioners are hereby authorized and directed to 1 issue internal improvement bonds of the City of Salina in an amount not to exceed the contract price for the cost of such improvements and to run for a period of ten years and be payable in ten equal installments,tpgether with interest not to exceed five per cent per annum, which bonds shall be made payable at the Fiscal Agency of the State of Kansas and for the purpose of paying the principal and interest on said bonds as they severally become due and payable the Board of Commissioners shall apportion and assess against the lots and pieces of land within the taxing district of such improvements special assessments covering the cost of such , improving and the apportionment herein contained shall hold good for all of the installments i that are to be collected from the specific property chargeable with said improvements. Such assessments and apportionment ordinance shall contain the total amount of tax apportioned to i each tract, piece or parcel of land within the taxing district and shall state the number of annual installments in which such tax is to be collected; and thereafter the City Clerk shall Section 11. That for the improving of the above mentioned streets, such assessments — i sshall be made for the full cost thereof according to law on all lots and pieces of land to i the center of the block on either side of the streets to be improved according to the ap- praisers valuation thereof, without regard to the buildings or improvements thereon for the { distance to be improved. Section 12. After the passage and publication of this ordiance, the Board of Commiss- ioners shall appoint three disinterested appraisers, householders, who after having taken an d oath to make a true and impartial appraisement, of all lots and pieces of land liable to i 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 such i appraisement shall return to the Board of Commissioners of said city and said Board of Comm- issioners shall designate a time and place for the hearing of any complaints that may be made as to the value of any lots and pieces of land appraised as aforesaid, of which due notice i shall be given in the official city paper, at which hearing the Board of Commissioners may alter any valuation of any lot or piece of land, if, in their opinion, the same has been appraised too high or too low. Section 13. That for the purpose of paying the cost of the work and improvements in this ordinance provided for, the Board of Commissioners are hereby authorized and directed to 1 issue internal improvement bonds of the City of Salina in an amount not to exceed the contract price for the cost of such improvements and to run for a period of ten years and be payable in ten equal installments,tpgether with interest not to exceed five per cent per annum, which bonds shall be made payable at the Fiscal Agency of the State of Kansas and for the purpose of paying the principal and interest on said bonds as they severally become due and payable the Board of Commissioners shall apportion and assess against the lots and pieces of land within the taxing district of such improvements special assessments covering the cost of such , improving and the apportionment herein contained shall hold good for all of the installments i that are to be collected from the specific property chargeable with said improvements. Such assessments and apportionment ordinance shall contain the total amount of tax apportioned to i each tract, piece or parcel of land within the taxing district and shall state the number of annual installments in which such tax is to be collected; and thereafter the City Clerk shall 1 i I j 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 to such work and assessments, together with the respective amounts due on each of said tracts, pieces of land, which amounts shall include the annual installments and interest on all unpaid balances for one year at the rate of not to exceed five per cent per annum on such amounts so certified which shall be collected as other taxes are collected; PROVIDED, that for the purpose of defraying the cost of improv- i ing the intersections and areas formed by the crossing of streets and alleys, and for the b grading of said streets where the same is provided for in this ordinance as well as wherethe improvement is through or adjacent to property of the city for which the city is liable, the assessment will be made against all taxable property of the city and paid bythe city at large.! Section 14. This ordinance shall take effect and be in force from and after its publication once in the official city paper. (SEAL) Attest: ,f City Clerk Introduced: September 20, 1955 Passed: September 27, 1955 Mayor