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5726 Street ImprovementsORDINANCE NUMBER 5726 (Published in the Salina Journal L 1952) AN ORDINANCE providing for the curbing, guttering, paving and grading of University Street from the east line of the Missouri Pacific Railroad right -of -v y, west 29 feet more or less, to the east edge of ties on railroad track; for the paving and grading of Delaware Avenue from the north line of Iron Avenue to the south .line of Johnstown Avenue; for the paving and grading of Delaware Avenue from the north line of Stapler Avenue to the north line of Gypsum Avenue; for the paving and grading of Jewell Avenue from the east line of Quincy to the east line of Sunrise Drive; for the paving and grading of Minneapolis Avenue from the east line of Quincy Street to the east line of Norton Street;, for the paving and grading of Norton Street from the south line of Minneapolis Avenue to the south line of Ellsworth Avenue; for the paving and grading of Republic Avenue from the east line of Sunrise Drive to the west line of Roach Street; and for the paving and grading of Woodland Avenue from the east line of Fourth Street j to the east line of Third Street androvidin for the p g payment of the cost thereof, how the same shall be assessed, and the mariner of the payment of the cost thereof, ,.Ls by Resolutions Numbered 1329, 1337, 1335, 1334, 1327, 1328, 1336, and 1338, duly adopted on Jul 28, 1952 August 25 1952 and � Y , g , August 18, 1952, by the Board of Commissioners of the City of Salina, Kansas, have declared that they deem it necessary to curb, gutter, pave and grading University Street from the east Zine of the :Missouri Pacific Railroad right-of-way, west 29 feet more or less, to the east edge of ties on railroad track; to pave and grade Delaware Avenue from the north line of Iron Avenue to the south line of Johnstown Avenue; to pave and grade Delaware Avenue from the north line of Stapler Avenue to the north line of Gypsum Avenue; to pave and grade Jewell j Avenue from the east line of Quincy to the east line of Sunrise Drive; to pave and grade Minneapolis .Avenue from the east line of Quincy Street to the east line of Norton Street; to pave and grade Norton Street from the south line of Minneapolis Avenue to the south line of Ellsworth Avenue; to pave and grade Republic Avenue .from the east line Of Sunrise Drive to the west line of Roach Street; and to pave and grade Woodland Ave- nue from the east line of Fourth Street to the east line of Third Street# i AREAS, 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, andthe 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 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; 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 University Street from the east line of the Missouri Pacific Railroad right-of-way, west 29 feet, more or less, to the east edge of ties on railroad track, in said city be curbed and guttered, with excavation thereof, and graded to the establsihed paving grade and paved between I the guttering line thereof. Section 2. That it is necessa?ry and it is hereby ordered that Delaware Avenue, from the north line of Iron Avenue to the south line of Johnitown Avenue, in said city be paved, with excavation thereof, and graded to the established paving grade and paved between the guttering lines thereof. I S Section 3. That it is necessary and it is hereby ordered that Delaware Avenue, i from the north line of Stapler Avenue to the north line of Gypsum Avenue in said city, 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 Jewell Avenus from the east line of Quincy to the east line of Sunrise Drive in said city, be paved, 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 Minneapolis Avenue from the east line of Quincy Street to the east line of Norton Street in said city, 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 Norton Street from the south line of Minneapolis Avenue to the south line of Ellsworth Avenue, in j said 61ty, be pave, with excavation thereof, d , and 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 Republic Avenue from the east line of Sunrise Drive to the vest line of Roach Street, in said city, be paved, with excavation thereof and s graded to the established paving grade and i paved between the guttering lines thereof* j Section 8. That it is necessary and it is hereby ordered that Woodland Avenue j from the east line of Fourth Street to the east line of Third Street in said city, j be paved, with excavation thereof, and graded to the established pavin-- grade and paved between the guttering lines thereof. iSection 9. That for the work and improvements hereinrovided for, , the City jEngineer shall make and file with the City Clerk eron or �afore the DAY of 1952, complete plans and specifications for the curbing, -utter- ing, paving and grading with exeairation necessary therefor, of each of the streets I or portions thereof described in Sections 1 to 8, both inclusive, of this ordinance, with the following type of improvement; I Concrete combined curb and gutter on each side thereof, 30 inches wide from back of curb to paving i A g 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, provided that in the event of the non-availability of reinforcing material that 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 describedg The street and within the limits definedeshall guttering hereinbefore tonthe established paving grades and paved with reinforced concrete six inches deep, provided that in the event of the non-availability of reinforcing material, then that said pavement shall be constructed with concrete to a depth of seven inches 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 p ifications have been made and prepared by the City Engineer and filed with the City Clerk as aforesaid, the Board I of Corm i- I ssioners may advertise by advertisement published in the official cit y paper of the City of Salina, Kansas, for three consecutive days for the receipt of s ea led 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 comp- letion of such work, and after the receipt of such proposals, the said Board of 0`0mmissioners 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 repponsible bidder or bidders therefor, as determined by said Board of Commissioners, and forsuch excavation and grading. Said B card 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 streets to be improved 1 1 1 according to the appraiser's 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 ordinance, the Board of ed Commissioners shall appoint three disinterest/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 -h e 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 complaint* that may be made as to value of any lots and pieces of land appraised as aforesaid, of which due notice shall be givezin 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 ias 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 i directed to issue internal improvement bonds of the City of Salina in an amount not to exceed the contract prive or cost of such improvements and to run for a period of ten years and be payabhe 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 principal and interest on s add bonds as they severally become due and payable, the Board of Commissioners shall I 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 apportionment ordinance shall contain the total amounts of tax apportioned to each tract, piece or parcel of land within the taxing districtandsha11 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 of land, which amounts shall include the annual installmeats and interest on all unpaid balances for one year at the rate of not to exceed fiv e per cent per annum on such amounts so certified *hich shall be collected as other taxes are collected; PROVIDED, that for the purpose of defraying the cost of improving the intersections and ares formed by the crossing of streets and alleys, and for the grad— ing of said streets where the same is provided for in this ordinance as well as where the improvement is throggh.or adjacent to property ibf 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 14. This ordinance shall take effect and be in force from and after its Publication once in the official dity paper. i i Introduced: September 29, 1952 i Passed: October 6, 1952 I � I I I I i i Mayor j i Attests O Clty Clerk