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5293 Street Improvements1 - - - - _ ORDINANCE NQ,- 5293 _- - --- -- - (Published in the Salina Journal �,4 1948) - - -- - --- _ - -- - - __- -� _- =-=L-1 g- 4 --_ AN ORDINANCE providing for the curbing, guttering and grading of Antrim Avenue from the center line of Santa Fe Avenue to the center linef o Third Street; for the curbing, guttering and grading of Antrim Avenue from the west line of Ninth Street to the center line of Eleventh Street; for the curbing, gutter- ing and grading of Antrim Avenue from the center line of Eighth Street to the center line of Ninth Street; for the curbing, guttering and grading of the north side of Claflin Avenue from a line 10 feet west of the southwest corner of Lot 20, Block 2, Pleasantview Addition to the City of Salina, thence west to the east line of Pershing Street; for the curbing, guttering and grading of the north side of Cloud Street froia the east line of Ninth Street to the west line of Highland Avenue; for the curbing, guttering and grading of Eleventh Street from the center line of Pacific Avenue to the center line of Harsh Avenue; for the curbing, guttering and grading of Eleventh Street from the center line of Lincoln Avenue to the center line of Grand Avenue; for the curbing, guttering and grading of Fifth Street from the south line of Pacific Avenue to the north line of Woodland Avenue; for the curbing, guttering and grading of Fifth Street from the south line of Otis Avenue to the north line of Euclid Avenue; for the curbing, guttering and grading of Fifth Street from the inorth line of Grand Avenue to the center line of Woodland Avenue; for the curbing, guttering and grading of the north side Grand Avenue from the east line of Santa Fe Avenue to the east line of Fifth Street and the south side thereof from a point 78 feet east of the east line of Santa Fe Avenue to the east line of Fifth Street; for the curbing, guttering and grading of Johnstown Avenue from the east line of Ohio Avenue to the center line of Riverside ivvee; for the curbing, guttering and grading of Pershing Street from the south line of Kirwin Avenue to the north line of ClaflAvenue; for the curbing, guttering and grading of Prescott Avenue from the east line of Phillips Street to the west line of Montrose Street; for the curbing, guttering and grading of Tenth Street from the center line of Antrim Avenue to the south line of Inez Avenue; for the curbing, guttering and grading of Third Street from the south line of Forest Avenue thence south 150 feet; for the curbing, guts;ering and grading of Third Street from the north line of North Street to the south line of the Union ti Pacific Railroad right-of-way; for the curbing, guttering and grading of Wilson Street from the west line of Sheridan Street to the east line of Merrill Street; and providing for the payment of the cost thereof, and now the same shall be assessed and the manner of the payment thereof. BE IT ORDAINED by the Board of Cord7iss.-cners of the City of Salina., Kansas: WHEREAS, by Resolutions No. 989, 1001, 995, 999, 1020, 986, 993, 988, 996, 979, 980, 994, 998, 1000, 1002, 1009, 1004 and 1005 duly adopted on June 16, 1947, August 4, 1947, July 21, 1947, July 28, 1947, November 171, 1947, June 16, 1947, June 30, 1947, June 16, 1947, July 21, 1947, April 28, 1947, April 28, 1947, July 14, 1948, July 28, 1947, July 28, 1947, August 4, 1947, September 22, 1947, August 25, 1947 and August 25, 1947, respectively, the Board of Commissioners of the City of Salina have declared that they deem it necessary to curb, gutter and grade each - Antrim Avenue from the center line of Santa Fe Avenue to the center line of Third Street; Antrim Avenue from the west line of Ninth Street to the center line of Eleventh Street; Antrim Avenue from the center line of Eighth Street to the center line of Ninth Street; Claflin Avenue from a line 10 feet west of the southwest corner of Lot 20, Block 2, Pleasantview Addition to the City of Salina, thence west to the east line of Pershing Street; north skde Cloud Street from the avast line of Ninth Street to the west line of Highland Avenue; Eleventh Street from the center line of Pacific Avenue to the center line of Harsh Avenue; Eleventh Street from the center line of Li.Zcoln Avenue to the center line of Grand Avenue; Fifth Street from the south line of Pacific Avenue to the north line of Woodland Avenue; Fifth Street from the south line of Otis Avenue to the north line of Euclid Avenue; Fifth Street from the north line of Grand Avenue to the center line of Woodland Avenue; north side Brand Avenue from the east line of Santa Fe Avenue to the east line of Fifth Street and the south side thereof from a point 78 feet east of the east line of Santa Fe Avenue to the east line of Fifth Street; Johnstown Avenue from the east line of Ohio Avenue to the center line of Riverside Drive; Pershing Street from the south line of Kirwin Avenue to the north line of Claflin Avenue; -Prescott Avenue from the east line of Phillips Street to the west line of Montrose Street; Tenth Street from the center line of Antrim Avenue to the south line of Inez Avenue; 'Third Street from the south line of Forest Avenue thence south 150 feet; Third Street from the north line of North Street to the south line of the Union Pacific Railroad right-of-way; Wilson Street from the west line of Sheridan Street to the east line of Merrill Street. RHEREAS, 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 L-provements, no protests of any kind having been filed; NOW THEREFORE, BE IT ORDAINED by the Board of Cord7iss.-cners of the City of Salina., Kansas: 1 1 1 Section 1. That it is necessary and it is hereby ordered that Antrim Avenue from the center line of Santa Fe Avenue to the center line of Third 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 Antrim Avenue from the west line of Ninth Street to the center line of Eleventh Street in said city be curbed and guttered with the excavation necessary therefor and graded to the es- tablished paving grade to each side thereof, as may be necessary for the completion of said work. Section 3. That it is necessary and it is hereby ordered that Antrim Avenue from the center line of Eighth Street to the center line of Ninth Street in said city be curbed and guttered with the excavation necessarytherefor and graded to the es- tablished 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 thenorth side of Claflin Avenue from a point 10 feet west of the southwest corner of Lot 20, Block 2, Pleasantview Addition to the City of Salina, thence west to the east line of Pershing 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. Sect_.on 5. That it is necessary and it is hereby ordered that the north side of Cloud Street from the east line of Ninth Street to the west line of Highland Avenue in said city be curbed and gut;,ered 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 6. That it is necessary and it is hereby ordered that Eleventh Street from the center line of Pacific Avenue to the center line of Harsh Avenue in said city be curbed and guttered with the excavation necessary therefor and graded to the es- tablished 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 Eleventh Street from the center line of Lincoln Avenue to the center line of Grand Avenue 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 O=Ipletion of said work. i Section 8. That it is necessary and it is hereby ordered that Fifth Street from the south line of Pacific Avenue to thenorth line of Woodland Avenue in said city be curbed and guttered with the excavation necessary therefor and graded to the es- tablished paving grade to each side thereof, as may be necessary for the completion of said work. Section 9. That it is necessary and it is hereby ordered that Fifth btreet from the south line of Otis Avenue to the north line of Euclid Avenue 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 10. That it is necessary and it is hereby ordered that Fifth Street from the north line of Grand Avenue to the center line of tiuoodland Avenue 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 dompletion of said vtiork. Section 11. That it is necessary and it is hereb7- ordered that the north side of Grand Avenue from the east line of ,Santa Fe Avenue to the east line of Fifth Street and the south side of said Grand Avenue from a point 78 feet east of the east line of Santa Fe Avenue to the east line of Fifth Street. Section 12. That it is necessary and it is hereby ordered that Joimstov+m Avenue from the east line of Ohio Avenue to the center line of Riverside Drive 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 13. That it is necessary and it is hereby ordered that Pershing Street from the south line of Kirwin Avenue to the north line of Claflin Avenue in said city be curbed and guttered with the excavation necessary therefor and graded to the est..ulished paving grade to each side thereof, as may be necessary for the completion of said work. Section 14. That it is necessary and it is hereby ordered that Prescott Avenue from the east line of P#illips Street to the west line of blontrose 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 :nay be necessary for the completion of said fork. Section 15. That it is necessary and it is hereby ordered that Tenth Street from the center line of Antrim Avenue to the south line of Inez Avenue 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 16. That it is necessary and it is hereby ordered that Third Street from the south line of Forest Avenue thence south 150 feet in said city be curbed and grade to each side thereof, as may be necessary for the completion of said workguttered with the excavation necessary therefor.and graded to the established paving Secticn 17. shat it is necessary and it is hereby ordered that Third Street from the north line of North Street to the south line of the Union Pacific Railroad right -of -r, -ay 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 18. Mat it is necessary and it is hereby ordered that Wilson Street from the west line of Sheridan Street to the east line of Merrill 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. i Section 19. For the work and improvements herein provided for, the City Vngineer shall make and file with the City Clerk on or before the 3rd day of kay 1948, complete plans and specifications for the curbing, excavation necessary therefor) of each of the streets or portions gthereof and adescribed hin Sections to 1 to 180 both inclusive, of this ordinance, with the following type of improvement: i Concrete combined curb and gutter on each side thereof (except the street described in Section 4, 5 and 11 of this ordinance which is to be curbed and guttered on only one side for all or a part of the distance) 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 (except the street described in Section 5 hereof is to be graded to only the center line .,here- of) and within the limits of said str-ets hereinbefore described; sand 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 for such improvements. Section 20. That after such plans and specifications shall have been made and iprepared 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 I City of Salina, Kansas, for three consecutive days for the receipt of sealed propels Ifor the improving 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 com- pletion of such work, and after the receipt of such proposals the said Board of Com- missioners may and are hereby aut:ori.zed to let contracts for the improving of said 'streets with the material selected by them to the lowest responsible bidder or bidders therefor, as determined by said Board of Commissioners, and for such excavating and grading. Said Board of Conmissioners reserve the right to reject any and all bids. Section 21. That for the improving of the above mentioned streets such assess- ments shall be made for the full costs thereof according to law, on all lots and pieces I of land to the center of the block on either side of the streets to be improved according oto the appraisers' valuation thereof without regard to the buildings or improvements jthereon for the distance to be improved. Section 22. After the passage and publication of this ordinance, the Board of Colmilissioners 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 assessment and taxation for the cost of the improvements herein provided ifor, shall within five days after having been notified of their appointment, proceed to 1 1 appraise said lots and pieces of landtliable to assessment and taxation as aforesaid, as may be designated by the -Board of Conunissioners of said city, without regard to the buildings or improvements thereon and after making said appraisement shall return the same to the Board of Commissioners of sa__d 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 low. Section 23. 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 directed to issue internal L provement bonds of the City of Salina in an amo un t 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 5% 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 assessments 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 i_.arovements. 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 install- ments 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 and 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 5% per annum, on such amounts so certified which shall be collected as other taxes are collected; PROVIDED, that for the purpose of de- fraying the cost of improving and 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 iehere the improvement is through or adjacent to property of the city for which the city would be liable, the assessment will be made against all taxable property of the city and paid by the city at large. Section 24. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, April 5, 1948 Passed, "pril 19, 1918 Out. payor