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5807 Street Improvements1 ORDINANCE NUMBER 5807 5 (Published in the Salina Journal / �'' , 1953 ) AN ORDINANCE providing for the paving of Eighth Street from the north line of Grand Avenue to the south line of Woodland Avenue; for the paving and grading of College Avenue from the south line of Prescott Avenue to the north line of Morrison nue; for a paving and grading of Ellsworth Street from the west line of Highland Circle to the east line of Pershing Street; for the paving and grading of Phillips Street from the north line of Prescott Avenue to the south line of Charles Street; for thepaving and grading of Roach Street from the north line of McAdams Road south to the south line of Martin Avenue; for the paving and grading of Wilm n Street from the west line of Kenison Road to the east line of Sunrise Drive; for the piving and grading of Wilson Street fromthe east line of Roach Street to the west line of Sunrise Drive, or the curbing, guttering, paving and grading of Roach Street from the south line of Minneapolis Avenue to the north line of Beloit Street; and for the curbing, guttering and grading of Third Street from the north line of Harsh Avenue to the south line of Hamilton Avenue, anTproviding 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 lb21, 1407, lhlg, 1406, 1414, 1409, 1408, 1402 and 1423, duly adopted on August 10, 1953, June 8, 1953, July 20, 1953, June 8, 1953, July 6, 1953, June 22, 1953, June 22, 1953,May 25, 1953 and August 17, 1953, by the Commissioners of the City of Salina, Kansas, have declared that they deem it necessary to pave Eighth Street from the north line of Grand Avenue to the south line of Woodland Avenue; to pave College Avenue from the south line of Prescott Avenue to the north line of Morrison Avenue; to pave Ellsworth Street from the west line of Highland Circle to the east line of Pershing Street; to pave Phillips Street from the north line of Prescott Avenuemto the south line of Charles Street; to pave Roach Street from the north line of McAdams Road south to the south line of Martin Avenue; to pave Wilson Street from the west line of Kenison Road to the east line of Sunrise Drive; to pave Wilson Street from the east line of Roach Street to the west line of Sunrise Drive; to curb, gutter and pave Roach Street from the south line of Minneapolis Avenue to the north line of Beloit Street; and to curb and gutter Third Street from the north line of Harsh Avenue to the south line of Hamilton Avenue. 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 of the resident property owners owning a majority of 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 ofthe 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 Commissioners of the City of Salina, Kansas; Section 1. That it is necessary and it is hereby ordered that Eighth Street from the north line of Grand Avenue to the south line of Woodland Avenue be paved, 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 College Avenue from the south line of Prescott Avenue to the north line of Morrison Avenue be paved. with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 3. That it is necessary and it is hereby ordered tYa t ElsworthStreet from the west line of Highland Circle to the east line of Pershing Street be paved With excavation 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 Phillips Street from the north line of Prescott Avenue to the south line of Charles Street, be paved, with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. N'So:_n:�.-=_ran. Section 5. That it is necessary and it is hereby ordered that Roach street from the north line of McAdams Road to the south line of Martin Avenue, be paved with 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 Wilson Street from the west line of Kenison Road to the east line of Sunrise Dri-M,, be paved with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 7. Thatit is necessary and it is hereby ordered that Wilson street from the east lineof Roach Street to the west line of Sunrise Drive, be paved with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 8. That it is necessary and itis hereby ordered that Roach Street from the south line of Minneapolis Avenue to the north line of Beloit Street, be curbed and guttered, with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. Section 9. That it is necessary and it is hereby ordered that Third Street, from the north line of Harsh Avenue to the south line of Hamilton Avenue, be curbed and guttered with excavation necessary therefor and graded to the establi,�h ed paving grade to each side thereof, as may be necessary for the completion of said work. Section 10. For the work and improvements herein provided for the City Engineer shall make and file with the City Clerk on or before the 21st day of September, 1953, complete plans and specifications for the curbing, guttering, paving and grading with excavation necessary therefor, of each ofthe streets or portions thereof described in Sections 1 to 9, 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 inches deep; and the necessary grading of each to the established paving grade, and the paving thereof with 6" reinforced concrete, pro- vided that in the event of the non-availability of reinforcing materialthat then said pavement shall be constructed with concrete to a depth of 7 inches between the curb and gutter lines on each side thereof and within the limits of said streets hereinbefore described. The streets between the guttering lines and within the limits hereinbefore defined shall be graded to the established paving grade and paved with reinforced concrete six inches deep, provided that in the event of the non-availability of reinforcing material, then that said pavementshall be con- structed with concrete to a depth of seven inches deep. and said Engineer shall on or before the same date, submit to the Board of Comm- issioners under oath, detailed estimates of the cost of such work and improvements. Section 11. 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 by advertisement published in the official city paper of the City of Salina, Kansas, for three consecutive days for the receipts of sealed proposals for the improving of said streets with the kind of materials named and specified in the preceeding sections hereof, and for the excavating and grading necessary for the completion of such work, and after the receipts 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 and best responsible bidder or bidders made as to the 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 14. That for the purpose of paying Me cost of the work and improve- ments 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 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 installments, together 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 sevw ally 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 I therefor, as determined by the Board of Commissioners, and fur such excavation and grading# said Board reserves the right to reject any and all bids. Section 12. That for the improving of the above mentionedstreets, such assessments shall be made for the full Post thereof according to law, on all lots and pieces of land to the center of the block on either side of the streets to be improved according to the appraiser's valuation thereof, without regard to the buildings or improvements thereon for the distance to be improved. Section 13. After the passage and publication of this ordinance, the Board of Commissioners shall appoint three disinterested appraisers, householders, who after having been 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 sadd Board of commissioners 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 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 14. That for the purpose of paying Me cost of the work and improve- ments 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 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 installments, together 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 sevw ally 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 I 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 assessments and apportionment ordinance shall contain the total amount of tax apportioned toeach tract, piece or parcel of land within the taxing district and shall state: the number of annual installments in such tax is to be collected; and thereafter the City Clerk shall annually, at the same time other taxes are certified, certi.f)r 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 parcels 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 improving the intersections 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 ordi- nance as well as where the 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 by the city at large. Section 15. This ordinance shall take effect and be in force from and after its publication once in the official city paper. Attest: 1 Ciitty�le rk Introduced: August 31, 1953 Passed: September 14, 1953 Ma.yorC