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5953 Street Improvementse ORDINANCE NUMBER 5953 (Published in the Salina Journal %� 7C ,1.955) _'T AN ORDINANCE providing for the curbing, guttering, and paving and grading with two-inch hot mixed asphaltic concrete over a six-inch rock stabilized base, certain streets in the City of Salina, Kansas, to -wit; The resurfacing of Iron Avenue with two-inch hot mixed asphaltic concrete from the west line of Delaware Avenue to the east line of Fifth Street; Curbing, guttering and paving with two-inch hot mixed asphaltic concrete over a six-inch rock stabilized base, Cherokee Drive, from the south line of Pueblo Avenue to the center line of Republic Avenue; Curbing, guttering, paving, and grading, to a width of Thirty- six (36) feet from back to back of the curbing, with two-inch hot mixed asphaltic concrete over a six-inch rock stabilized base, Front Street from the north line of Crawford Avenue, thence north to the north line of Prescott Avenue; Curbing, guttering, paving and grading with two-inch hot mixed asphaltic concrete over a six-inch crushed rock base twenty-eight (28) feet wide from toe of gutter to toe of gutter Kir*'in Avenue from the east line of Lewis Avenue to the west line of, Ohio Street; Grading,and paving with two-inch hot mixed asphaltic concrete over a six-inch rock stabilized base, Kirwin Avenue from east side of Roach Street to west side of Lewis Avenue; Grading and paving with two-inch hot mixed asphaltic concrete over a six-inch rock stabilized base, on Kansas Avenue, from the north line of Ash Street to the south line of Elm Street; Grading and paving, to a width of twenty-eight (28) feet from tee of gutter to toe of gutter, with two-inch hot mixed asphaltic concrete over a six- inch rock stabilized base, Lewis Avenue from the north line of Martin Avenue to the south line of McAdams Road; Curbing, guttering and paving with two-inch hot mixed asphaltic concrete over a six-inch rock stabilized base, Redwood Drive from the west line of Cherokee4 Drive to the east line of Willow Court; 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, said resolutions were published for six days in the Salina Journal, a daily news- paper, published in said city, and being the official city paper, and the majority of the resident property owners owning a majority of square feet of the lots or real estate liable to taxation for the cost of said improvement did not within twenty days from the date of the last publication thereof file with the City Clerk sufficient protest in writing against the making of said improvement, 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 Iron Avenue from the west line of Delaware Avnue to the East line of Fifth Street, in said city be graded to the established paving grade and resurfaced between the guttering lines thereof. Section 2. That it is necessary and it is hereby ordered that Cherokee Drive from the south line of Pueblo Avenue to the center line of Republic Avenue, in said city be curbed, gutteredand graded to the established paving grade and paved between the guttering lines thereof. Section 3. That it is necessary and it is hereby ordered that Front Street from the north line of Crawford Avenue, thence north to the north line of Prescott Avenue, in said city be curbed, guttered 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 Kirwin Avenue from ! WHEREAS, by Resolution Numbers 1528, 1517, 1519, 1525, 1513, 1510, 1499, 1518, duly adopted on February 15, 1955; January 25, 1955; February 8, 1955; December 20, 1954; December 13, 1954; October 25, 1954, by the Board of Commissioners of the City of Salina, Kansas, have declared that they deem it necessary; to resurface Iron Avenue from the west line of Delaware Avenue to the East line of Fifth Street; curb, gutter and pave Cherokee Drive from the south Line of Pueblo Avenue to the center line of Republic Avenue; curb, gutter, pave and ! grade, to a width of thirty-six (36) feet from back to back of the curbing, Front Street from the north line of Crawford Avenue, thence north to the north line of Prescott Avenue; curb, gutter, pave and grade, to a width of twenty-eight (28) feet from toe of gutter to toe of gutter, Kirwin Avenue from the east line of Lewis Avenue to the west line of Ohio Street; Pave, and grade Kirwin Avenue from east side of Roach Street to west side of Lewis Avenue; Pave,, and grade Kansas Avenue from the north line of Ash Street to the south line of Elm Street; Pave and grade, to a width of twenty-eight(28) feet from toe of gutter to toe of gutter, Lewis Avenue from the north line of Martin Avenue to the south line of McAdams Road; Curb, gutter, and pave Redwood Drive from the west line of Cherokee Drive to the east line of Willow Court. WHEREAS, said resolutions were published for six days in the Salina Journal, a daily news- paper, published in said city, and being the official city paper, and the majority of the resident property owners owning a majority of square feet of the lots or real estate liable to taxation for the cost of said improvement did not within twenty days from the date of the last publication thereof file with the City Clerk sufficient protest in writing against the making of said improvement, 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 Iron Avenue from the west line of Delaware Avnue to the East line of Fifth Street, in said city be graded to the established paving grade and resurfaced between the guttering lines thereof. Section 2. That it is necessary and it is hereby ordered that Cherokee Drive from the south line of Pueblo Avenue to the center line of Republic Avenue, in said city be curbed, gutteredand graded to the established paving grade and paved between the guttering lines thereof. Section 3. That it is necessary and it is hereby ordered that Front Street from the north line of Crawford Avenue, thence north to the north line of Prescott Avenue, in said city be curbed, guttered 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 Kirwin Avenue from r 1 1 the east line of Lewis Avenue to the west line of thio Street, in said city be curbed, guttered and graded to the established paving grade and paved between the guttering lines thereof. Section That it is necessary and it is hereby ordered that Kirwin Avenue from the east side of Roach Street to west side of Lewis Avenue, in said city be graded to the i established paving grade and paved between the guttering lines thereof. Section 6. That it is necessary and it is hereby ordered that Kansas Avenue from — i the north line of Ash Street to the south line of Elm Street, in said city be graded to the established paving grade and paved between the guttering lines thereof. Section 7. That it is necessary and it is hereby ordered that Lewis Avenue from the north line of Martin Avenue to the south line of McAdams Road, in said city be 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 Redwood Drive from the west line of Cherokee Drive to the east line of Willow Court, in said city be curbed, guttered and graded to the established paving grade and paved between the guttering lines thereof. Section 9. That for the work and improvements herein provided for, the City i Engineer shall make and file with the City Clerk on or before the 3rd _ Day of May,�r 1955, complete plans and specifications for the curbing, guttering, paving and grading with excavation necessary therefor, of the streets described in Sections 1 to 8 of this ordinance, with the following type of improvement; 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 street, as herein before described. Jhe eo?ssgL gradin f each tq the estalvjis�edhpavi g r$ Q d the paving thereof, with tv o nchnho mi d as a t�o conore a over a six- no roo s a iAhA base. and said Engineer shall on or before the same date, submit to the Board of Commissimrs under oath, detailed estimates of the cost of such work and improvements. j Section 10. That after such plans and specifications have been made and pre - pared by the City Engineer and filed with the City Clerk as aforesaid, the Board of Commiss- ioners may advertise by advertisement published in the official city paper of the City of Salina, Kansas, for three consecutive days for the receipt of sealed proposals for the im- proveing of said streets with the kind of material named and specified in the preceding sections hereof, and for the excavating and grading necessary for the completion of such 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 therefor, as deter- mined by said Board of Commissioners, and for such excavation and grading. Said Board reserves the right to reject any and all bids. Section 11. That for the improving of the above mentioned streets, such assess- ments 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 side of the street to be improved according to the s l appraisers valuation thereof, without regard to the buildings or improvements thereon for ?the distance to be improved. s Section 12. After the passage and publication of this ordinance, the Board of ;Commissioners shall appoint three disinterested appraisers, householders, who after having taken an oath to make a true and impartial appraisement of all lots and pieces of land liable to 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 appraisement shall return to the Board of Commissioners of said city, and said Board of Commissioners shall designate a time and place for the hearing of any complaints that may be made as to value of any lots and 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 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 an improvements in this ordinance provided for, the Board of Commissioners are hereby authorized and dir- ected to issue internal improvement bonds of the City of Salina in an amount not to exceed the contract price or cost of such improvements and to run for a period of ten years and be !payable in ten equal installmnts, together with interest not to exceed five percent 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 that are to be collected from the specific property chargeable with said improvements. Such assessments and apportiommnt ordinance shall contain the total amounts of tax apportioned to each tract, piece or parcel of land within bhe 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 such work and improvements, together with the respective amounts due on each of said tracts, pieces or parcel or 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 improving the intersections and areas formed y by the crossing of streets and alleys, and for the grading of said street where the same is w provided for in this ordinance as well as where the improvement isthrough 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 by the City at large. tl Section 14. This ordinance shall take effect and be inforce from and after its publication once in the official city paper. Introduced: April 19, 1955 Passed: April 26, 1955 -- ------------- - I Mayor (SEAL) Attest: I City Clerk