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5921 Street ImprovementsC7 1 n 1 ORDINANCE NUMBER 5921 .(Published in the Salina Journal_ �re�s�' �j ,1954) AN ORDINANCE providing for the curbing, guttering and grading of Beatrice Avenue from the center line of Martin Avenue to the center line of McAdams Road; for the curbing, guttering and grading of Cloud Street on the north side from the center line of Pershing Avenue to the center line of Broadway Boulevard and on the south side from the center line of Ninth Street to the center line of Broadway Boulevard; for the curbing, guttering and grading of Gypsum Avenue on the north side from the center line of Indiana Avenue to the center line of Iowa Avenue and on the south side from the center line of Missouri Avenue to the center line of Iowa Avenue; fat the curbing, guttering and grading of the south side of Haven Avenuefrom the center line of Steahlin Avenue to the center line of Whittinghill Avenue;for the curbing, guttering and grading of the south side of Haven Avenue, from the center line of Whittinghill Avenue to the center line of Viemont Avenue; for the curbing, guttering and grading of Lewis j Avenue from the center line of Martin Avenue to the center line of McAdams Road; for the curbing, guttering and grading of McAdams Road from the center line of Pearl Avenue to the center line of Lewis Avenue; for the curbing, guttering and grading of the North side of Martin Avenue from the west line of Lewis Avenue to the center line of Ohio Street; for the curbing, guttering and grading of Missouri Avenue from the center line of Stack Place to the center line of Greeley Avenue; for the curbing, guttering and grading of the east side of Roach Street from the center line of Jewell Avenue to the center line of Kirwin Avenue; for j the curbing, guttering and grading of the south side of Republic Avenue from the east line of U.S. Highway No. 81, thence east to the east line of the Missouri Pacific Railroad right-of- way, and the north side of Republic Avenue from the west line of Hancock Street, thence west to a point 216 feet west of the east tight -of --way line of the Missouri Pacific Railroad; for the curbing, guttering and grading of Steahlin Avenue from the center line of Crawford Avenue to the center line of Haven Avenue; for the curbing, guttering and grading of Viemont Avenue from the center line of Crawford Avenue to the center line of Haven Avenue; for the Curbing, guttering and grading of Whittinghill Avenue from the center line of Crawford Avenue to the center line of Haven Avenue,. and providing for theayment of the cost thereof, and how the sam shall be assessed and the manner of payment thereof. WHEREAS, by Resolutions Numbered 1501, 1492, 1493, 1480, 1481, 1500, 1503, 1502, 1491, 1496, 1485, 1489, 1482, and 1483, duly adopted on October 25, 19540ctober 4, 1954, August 23, 1954, October 18, 1954, August 30, 1954, respectively, the Board of Commissioners of the City of j Salina have declared that they deem it necessary to curb, gutter and grade Beatrice Avenue, from the center line of Martin Avenue to the center line of McAdams Road; to curb, gutter and grade Cloud Street, on the north side from the center line of Pershing Avenue to the center line of Broadway Boulevard and on the south side Brom the center line of Ninth Street to the center lineof Broadway Boulevard; to curb, gutter and grade Gypsum Avenue on the north side, from the center line of Indiana Avenue to the center line of Iowa Avenue and on the south side from the center line of Missouri Avenue to the center line of gowa Avenue; to curb, gutter and grade the south side of Haven Avenue, from thecenter line of Steahlin Avenue to the center line of Whittinghill Avenue; to curb, gutter and grade the south side of Haven Avenue, from the centerline of Whittinghill Avenue to the center line of Viemont Avenue; to curb, gutter and grade Lewis Avenue, from the center line of Martin Avenue to the center line of McAdams Road; to curb, gutter and grade McAdams Road from the center line of Pearl Avenue to the center line of Lewis Avenue; to curb, gutter, and grade the north side of Martin Avenue'; from the west line of Lewis Avenue to the centerline of Ohio Street; to curb, gutter and gra-1 de Missouri Avenue from the center line of Stack Place to the center line of Greeley Avenue; i to curb, gutter and grade the east side of Roach Street, from the center line of Jewell Ave- I nue to the center line of Kirwin Avenue; to curb, gutter and grade the south side of Republic Avenue, from the east line of U.S. Highway No. 81, thence east to the east line of the Mis- souri Pacific Railroad righ-of-way, and the north side of Republic Avenue from the west line of Hancokk Street, thence west to a point 216 feet west of the east right-of-way line of the Missouri Pacific Railroad; to curb, gutter and grade Steahlin Avenue from the center line of Crawford Avenue to the center line of Haven Avenue; to curb, gutter, and grade Viemont Avenue from the center line of Crawford Avenue to the center line of Haven Avenue; to curb, gutter, j and grade Whittinghill Avenue, from the center line of Crawford Avenue to the center line of Haven Avenue. WHEREAS, eahc of said resolutions were duly published for six days in the Salina Journal, a daily newspaper published in said city, and being the official city paper, and the majority of the resident property owners owning a majority in square feet of the lots or real estate liable to taxation for the cost of said improvements did not within twenty days after the date of the last publication thereof file with the City Clerk a sufficient protest, 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 Cormnissioners of the City of Salina, Kansas: Section 1. That it is necessary and it is hereby ordered that Beatrice Avenue, from the center line of Martin Avenue to the center line of McAdams Road, in said city be curbed, and guttered with excavation necessary therefore and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 2. That it is necesgarty and it is hereby ordered that Cloud Street, on the north side from the center line of Pershing Avenue to the center line of Broadway Boulevard and on the south side from the center line of Ninth Street to the center line of Broadway Boulevard, in said city be curbed and guttered with excavation necessary therefore and graded 3 to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 3. That it is necessary and it is hereby ordered that Gypsum Avenue on the north side from the center line of Indiana Avenue to the center line of Iowa Avenue and on the south side from the center line of Missouri Avenue to the center line of Iowa Avenue, in I said city be curbed and guttered with excavation necessary therefore and graded to the es- tablished paving grade to each side thereof, as may be necessary for the completion of said work. }B i i Section 4. That it is necessary and it is hereby ordered that the south side of Haven Avenue from the center line of Steahlin Avenue to the center line of Whittinghill Ave- , i nue, in said city be curbed and guttered with excavation necessary therefore and graded to th established paving grade to each side thereof, as may be necessary for the completion of said work. Section 5. That it is necessary and it is hereby ordered that the south side of i r Haven Avenue, from the center line of Whittinghill Avenue to the center line of Viemont Ave- nue, be curbed and guttered with excavation necessary therefore and graded to the established! paving grade to each side thereof, as may be necessary for the completion of said work. Section 6. That it is necessary and it is hereby ordered that Lewis Avenue, from the center line of Martin Avenue to the center line of McAdams Road, in said city be curbed and guttered with excavation necessary therefore and graded to the established paving grade to Each side thereof, as may be necessary for the completion of said work. Section 7. That it is necessary and it is hereby ordered that McAdams Road, from the center line of Pearl Avenue to the center line of Lewis Avenue, in said city be curbed and guttered with excavation necessary therefore and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 8. That it is necessary and it is hereby ordered that the North side of Martin Avenue from the west line of Lewis Avenue to the center line of Ohio Street, in said city be curbed and guttered with excavation necessary therefore and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 9. That it is necessary and it is hereby ordered that Missouri Avenue, from the center line of Stack Place to the center line of Greeley Avenue, in said city be g curbed and guttered with excavation necessary therefore and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 10. That in is necessary and it is hereby ordered that the east side of Roach Street from the center line of Jewell Avenue to the center line of Kirwin Avenue, in said city be curbed and guttered with excavation necessary therefore and graded to the es- tablished paving grade to each side thereof, as may be necessary for the completion of said work. 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 inches deep; and the necessary grading of each to the established paving grade between the curb and gutter lines on each side thereof and within the limits of said streets as hereinbefore described, and the said Engineer shall on or before the same date, submit to the Board of Commissioners j I Section 11. That it is necessary and it is hereby ordered that the south side of , ,Republic Avenue, from the east line of U.S. Highway No. 81, thence east to the east line of 'the Missouri Pacific Railroad right-of-way, and the north side of Republic Avenue from the i ,west 31ne of Hancock Street, thence west to a point 216 feet west of the east right-of-way aline of the Missouri Pacific Railroad, in said city be curbed and guttered with excavation i ?necessary therefore and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. receipt of of such proposals the said Board of Commissioners may and are hereby authorised to let j Section 12. That it is necessary and it is hereby ordered that Steahlin Avenue, i i contracts for the improving of said streets with the material selected by them to the lowest ,from the center line of Crawford Avenue to the center line of Haven Avenue, in said city be $curbed d and guttered with excavation necessary therefore and graded to the established paving Jany and all bids. I ;grade to each side thereof, as may be necessary for the completion of said work. i Section 13. That it is necessary and it is hereby ordered that the Viemont Avenue from the center line of Crawford Avenue to the center line of Haven Avenue, in said city be curbed and guttered with excavation necessary therefore and graded to the established paving ;grade to each side thereof, as may be necessary for the completion of said work. Section 14. That it is necessary and it is hereby ordered that Whittinghill Avenue from the the center line of Crawford Avenue to the center line of Haven Avenue, in said city be curbed and and guttered with excavation necessary therefore and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. i Section 15. For the work and improvements herein provided for the City Engineer i ,shall make and file with the City Clerk on or before the 6th day of December i 1954, complete plans and specifications for the curbing, guttering and grading (with excavation, necessary therefore) of each of the streets or portions thereof described in Sections 1 to 14 both inclusive, of this ordinance, with the following type improvement: j 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 inches deep; and the necessary grading of each to the established paving grade between the curb and gutter lines on each side thereof and within the limits of said streets as hereinbefore described, and the said Engineer shall on or before the same date, submit to the Board of Commissioners i under oath, detailed estimates of the cost of such work and for such improvements. , Section 16. That after such plans and specifications shall have been made and pre- ! I pared by the City Engineer and filed with the City Clerk as aforesaid, the Board of Commission-! 'ers may advertise b advertisement E Y y published in the official city paper of the City of Salina, JKansas, for threee consecutive days for the receipt of sealed proposals for the improving of i said streets with the kind of material named and specified in the proceeding sections hereof, i land for the excavation and grading necessary for the completion of such work, and after the receipt of of such proposals the said Board of Commissioners may and are hereby authorised to let j i contracts for the improving of said streets with the material selected by them to the lowest i and best responsible bidder or bidders therefore, as determined by said Board of Conu ssioners i I and for such excavation and grading. Said Board of Commissioners reserves the right to reject Jany and all bids. Aw 1 F_� 1 Section 17. That for the improving of the above mentioned streets such assessments; shall be made for the full cost thereof according to law, on all lots and pieces of land to the center of the block on either or both sides of the street to be improved according to the; appraisers valuation thereof without regard to the buildings or improvements thereon for the distance to be improved. Section 18. After the passage and publication of this ordinance, the Board of Commissioners shall appoint three disinterested appraisers, householder, who after having taken an oath to make a true and impartial appraisement for all lots and pieces of land lia- ble to assessment and taxation for the cost of the improvements herein provided for, shall within five days from having been notified of their appointment, proceed to appraise said I lots and pieces of land liable to assessment and taxation as aforesaid, as may be designated by the Board of Commissioners and said Boatd of Commissioners shall designate a time and a place for the hearing of any complaints that may be made as to the balue of any lots or pieces of land appraised as aforesaid, of which due notice shall be given in the official city paper, at which hearing the Board of Commissioners may alter any valuation of any lot or pieces of land, if, in their opinion, the same has been appraised too high or too low. Section 19. That for the purpose of paying the cost of the improvements in this ordinance provided for, the Board of Commissioners are hereby authorized and directed to issue internal improvement bonds of the City of Salina in an amount not exceeding the con- tract price or cost of such improvements and to run for a period of four years and be pay- able in four equal installments, together with interest not to exceed five per cent per an- num, 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 pie- ces of land within the taxing district of such improvements, special assessments covering the cost of such improvements and the apportionment herein contained shall hold good for all of the installments that are to be collected from the specific property chargeable with said improvements. Such assessment and apportiommnt ordinance shall contain the total am- ount of tax apportioned to 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 annually, at the same time other taxes are certify to the County Clerk of Saline County, Kansas, a full list of all property liable to such work and improvement, together with the respective amounts due on each of said tracts, pieces of land,', v%i.ch amounts shall include the annual installments and interest on all unpaid balances for k 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, however, that for the pur- pose of defraying the cost of improving the interesections and areas formed by the crossing of streets and alleys, and for the grading of said streets where the same is provided for in this ordinance as well as the improvement is through or adjacent to property of the City i for which the city is liable, the assessment will be made against all taxable property of lithe City for which the city is liable, the assessment will be made against all taxable prop- �erty of the city and paid by the City at large. Section 20. Thevt-this ordinance shall take effect and be in full force from and !after its publication once in the official city paper; (SEAL) Attest: City Clerk Introduced: November 22, 1954 Passed: November 29, 1954 Mayor