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5338 Street Improvements Claflin, Harsh & Wilson Streets4 9 - --- ORDINANCE NUMBER 5338 _-_ Published in the Salina JournalIU- --_ <? - ' 1948 - AN ORDIIIAIICE providing for the curbing, guttering and grading of Claflin Avenue from the west line of Fourth Street to the west line of Osborne Street; for the curbing, guttering and grading of Harsh Avenue from the west line of Eighth Street to the east line of Ninth Street; for the curbing, guttering and grading of Harsh Avenue from the west line of Seventh Street to the east line of Eighth Street; and for the curbing, guttering and grading of Wilson Street from the west line of Sherman Street to the east line of Custer Street, 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 1069, 1060, 1062 and 1058 duly adopted on August 2, 1948, June 21, 1948, June 28, 1948 and June 28, 1948, respectively, the Board of Commissioners of the City of Salina have declared that they deem it necessary to curb, gutter and grade each - Claflin Avenue from the west line of Fourth Street to the west line of Osborne; Harsh Avenue from the west line of Eighth Street to the east line of Ninth; Harsh Avenue from the west line of Seventh to the east line of Eighth Street; and Wilson Street from the west line of Sherman Street to the east line of Custer Street. SEAS, each of said resolutions were duly published for six days in the Salina Journal, 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 haveing been filed; NM THLREFM, BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: 1. Section 1. That it is necessary and it is hereby ordered that Claflin Avenue from from the west line of Fourth Street to the west line of Osborne Street in said city be curbed and guttered with the 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 Harsh Avenue from the west line of Eighth Street to the east line of Ninth Street in said city be curbed and guttered with the excavation necessary therefor and graded to the established paving grade to each side thereof, as may be necessary for the completion of said riork. Section 3. That it is necessary and it is hereby ordered that Harsh Avenue from the west line of Sev mth Street to the east line of Eighth Street in said city be curbed and guttered -with the excavation necessary therefor and grading 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 Wilson Street from the west line of Sherman Street to the east line of Custer Street in said city be curbed and guttered with the excatration necessary therefor and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 5. For the work and improvements herein provided for the City .Engineer shall make and file with the City Clerk on or before the 27th day of September 1948, complete plans and specifications for the curbing, guttering and grading (with Excavation necessar.v therefor) of each of the streets or portions thereof described in Sections 1 to 4, both inclusive of this ordinance, with the following type of improvmen.t: 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 hereinbefore described. N 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 for such improve- ments. Section 6. That after such plans and specifications shall have been made and prepared by the Cit-.= 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 p preceding sections hereof, and for the exc- avation 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 the improving of said streets with the material selected by them to the lowest responsible bidder or bidders therefor, as deter- mined bsr acid Board of Commissioners and for such excavation and grading. Said Board of Commissioners reserve the right to reject any and all bids. Section -7. That for the improving of the above mentioned streets ouch 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 appraisers' valuation thereof without regard to the buildings or improvements thereon for the distance to be improved. Section 8. 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 ma',e a true and impartial appraisement for all lots and pieces of land liable to assessment and taxation for the cost of the improve- ments 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 Comm- issioners of said city, without regard to the buildings or improvements thereon and after making said appraisement shall return the same to the Board of Comm- issioners 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 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 any lot or piece of land, if, in their opinion, the same has been appraised too high or too law. Section g. That for the purpose of payin�- the cost of the r,ork and 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 to exceed the contract price or cost of such improve- ments and to run for a period of four years and be payable in four equal install- 1 ments, together vn th interest not to exceed 5 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 assess against the lots and pieces of land within the taxing district of such improvements, special assess- ments covering 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 property chargeable with said improvement. Such assessment and apportionment i ordinance shall contain the total amount of tax Apportioned to each tract, piece andarcel of land within p t in the taxing district and shall state the number of annual installments in which such tax is to be collected; and thereafter, the City Cl er k shall annually, at the same time other taxes are certified, certify to the County i Clerk of Saline County, Kansas, a full list of all property liable to such work and improvement, together with the respevtive amounts due on each of said tracts, i s pieces 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 annu#, 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 street where the same is provided for in this ordinance as I 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 *11 taxable prop- er�y of the city and paid by the city at large. I Section 10. That this ordinance shall take effect and be in force from and after its publication once in the official city paper. Introduced: September,13, 1948 1 Attest: j Passed: September 20, 1948 WY or