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5848 Street Improvements1 1 ORDINANCE NiJNIDER 5848 CUNSOLIDA ED -SALT"', (Published in the Salina Journal hAlf, ,I) AN ORDINANCE providing for the curbing, guttering and grading of South side of Ellsworth Avenue from the east line of Lewis Street to the west line of Ohio Street; for the curbing, guttering and grading of Fifth Street from the center line of Harsh Avenue to the center line of Hamilton Avenue; for the curbing, guttering, and grading of the north side of Jewell Avenue from the center line of Roach Street to the center line of Ohio Avenue; for the curbing, guttering and grading of Lewis Street from the north line of Jewell Avenue north approximately 128 feet more or less; for the curbing, guttering and grading of Lincoln Avenue from the center line of Chester Avenue to the center line of Arthur Avenue; for the curbing, guttering and grading of Missouri Avenue from the south line of Stack Avenue to the south line of Gypsum Avenue; and for the curbing, guttering and grading of the west side of Ohio Avenue from the center line of Ellsworth Avenue to the center line of Jewell Avenue; and providing for the payment of the cost thereof, and how the same shall be assessed and the manner of payment thereof WHEREAS, by Resolutions Number 1434, 1427, 1360, 1433, 1441, 1431 and 1364, duly adopted on November 2, 1953, October 5, 1953, December 1, 1952, November 25, 1953, January 4, 1954, October 19, 1953 and December 8, 1952, respectively, the Board of Commissioners of the City of Salina have declared that they deem it necessary to curb, gutter and grade the south side of Ellsworth Avenue from the east line of Lewis Street to the west line of Ohio Street; Fifth Street from the center line of Harsh Avenue to the center line of Hamilton Avenue; the north side of Jewell Avenue from the center line of Roach Street to the center line of Ohio Avenue; Lewis Street from the north line of Jewell Avenue north approximately 128 feet more or less; Lincoln Avenue from the center line of Chester Avenue to the center line of Arthur Avenue; Missouri Avenue from the south line of Stack Avenue to the south line of Gypsum Avenue; and the west side of Ohio Avenue from the center line of Ellsworth Avenue to the center line of Jewell Avenue. WHEREAS, each 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 from 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; 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 Ellsworth Avenue (on the south side) from the east line of Lewis Street to the west line of Ohio Street, in said city, be curbed and guttered with excavation necessary therefor 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 necessary and it is hereby ordered that Fifth Street, from the center line of Harsh Avenue to the center line of Hamilton Avenue, in said city, be curbed and guttered with excavation necessary therefor and graded to the established paving grade to each side thereof, as may be nec4ssary for the comp- letion of said work. Section 3. That it is necessary and it is hereby ordered that Jewell Avenue (on the north side) from the center line of Roach Street to the center line of Ohio Avenue, in said city, be curbed and guttered with excavation necessary there- for and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 4. That it is necessary and it is hereby ordered that Lewis Street from the north line of Jewell Avenue north approximately 128 feet, more or less, in said city, be curbed and guttered with excavation necessary therefor and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Cc N so 1,71"?,TED-S:A7.j\ c_ Section 5. That it is necessary and it is hereby ordered that Lincoln Avenue from the center line of Chester Avenue to the center line of Arthur Avenue, in said city, be curbed and guttered with excavation necessary therefor 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 Missouri Avenue from the south line of Stack Avenue to the south line of Gypsum Avenue, in said city, be curbed and guttered with excavation necessary therefor 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 Ohio Avenue (on the west side) from the center line of Ellsworth Avenue to the center line of Jewell Avenue, in said city, be curbed and guttered with excavation necessary j therefor and graded to the established paving grade to each side thereof, asmay be necessary for the completion of said work. Section 8. For the work and improvements herein provided for the City Engineer shall make and file with the City Clerk on or before the Vand day of 195+, complete plans and specifications for the curbing, gutterading (with excavation necessary therefor) of each of the streets or portions thereof described in Sections 1 to 7 inclusive of this ordinance, i with the following type of improvements: i 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 herein- before described, and said Engineer shall on or before the same date, submit to the Board of Commi- ssioners, under oath, detailed estimates of the cost of such work for such improve- ments. Section 9. That after such plans and specifications shall 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 receipt of sealed proposals for the improving of said streets with the kind of material named and specified in the preceding sections hereof, and for the excavation 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 to let contracts for i the improving of said streets with the material selected by them to the lowest responsible bidder or bidders therefor, as determined by the said Board of Commi- ssioners, for such excavation and grading. S.id Board of Commissioners reserve i the right to reject any and all bids. CONSOLM NTED-SALIN, I Section 10. That for the improving of the above mentioned streets such assessments shall be made for the full costs thereof according to law, on all lots and pieces of land to the center of the block on either or both sides of the streets to be improved according to the appraiser's valuation thereof without regard to the County, Kansas, a full list of all property liable to such work and improvements, together with the respective amounts due on each of said streets, 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 buildings or improvements thereon for the distance to be improved. Section 11. After the passage of 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 for all lots and pieces of land liable to assessments and taxation for the cost of improve - herein provided for, shall within five days from having been notified of their appointment, proceed to appraise said lots and pieces of land liable to assessment and taxation as aforesaid, as may be designated by the Board of Commissioners of said city and said Board of Commissioners shall designate a time and a place for the hearing of any complaints that may be made as to the value 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 i any lot or piece of land, if, in their opinion, the same has been appraised too high or too low. Section 12. That for the purpose of paying the cost of the work and improve- ments in this ordinance provided for, the Board of Commissioners are hereby author- ized 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 four years and be payable in four 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 principal and interest on said bonds as they severally become due and payable, the Board of Commissioners shall apportion and assessed against the lots and pieces of land within the taxing district of such improvements, special assessments cover- ing the cost of such improvements and the apportionment herein contained shall hold good for all the installments that are to be collected from the specific prop- erty chargeable with said improvement. Such assessment and apportionment ordinance shall contain the total amount of tax apportioned to each tract, piece and 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 time taxes same other are certified, certify to the County Clerk of Saline County, Kansas, a full list of all property liable to such work and improvements, together with the respective amounts due on each of said streets, 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 -- ..ON60LID 4.Tf; > :11,P.i 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 street where the same is provided for in this ordinance 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 13. That this ordinance shall take effect a:,d be in force from and after its publication oncein the official city paper. Introduced: April 12, 1954 Passed: April 19, 1954 Mayor Attest: r� City Clerk i 1