5246 Street Improvements43
ORDINANCE NO. 5246
(Published in the Salina Journal August 20, 1947)
AN ORDINANCE providing for the paving and grading of a certain north and south
public alley between Fifth Street and Fourth Street from Yulberry Street to
Walnut Street, and of the paving and grading of a certain north and south
public alley between SantaFe Avenue and Seventh Street, from Elm Street to a
point 532 feet north of the north line of Elm Street, and providing for the
cost thereof, how the cost thereof shall be assessed and the manner of pay-
ment thereof.
�:IHEREAS, by Resolution Number 981, duly adopted on May 5, 1947, by the Board of
Commissioners of the City of Salina, which deemed it necessary to pave a -certain
north and soubh public alley between Fifth Street and Fourth Street from Mulberry
Street to '+Jalnut Street, together with such excavation and grading as may be necessary
therefor; and
WHEREAS, By Resolution Number 982, duly adopted on May 12, 1947 by the Board of
Comriissionea-s of the City of Salina, which deemed it necessary to pave a certain
north and south public alley between Santa Fe Avenue and Seventh Street from Elm
Street to a point 532 feet north of the north line of Elm Street, together with
such excavation and grading as may be necessary therefor; and
IVEEREAS, 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 oiming a majority in square feet of
the lots or real estate liablw 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 such improve-
ments, and no protest of any kind having been filed;
NOW, THEREFOR:
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 a certain north
and south public alley between Fifth Street and Fourth Street from Mulberry Street
to Walnut Street, be paved and that said alley within such limits be excavated and
graded to such an extent as may be necessary for the completion of said work.
Section 2. That it is necessary and it is hereby ordered that a certain
;orth and south public alley between Santa Fe Avenue and Seventh Street from
Elm Street to a point 532 feet north of the north line of Elm Street be paved,
and that said alley within such limits be excavated and graded to such an extent
as may be necessary for the completion of said work.
Section 3. That for the work and L:provements heretofore provided for, the
City Engineer will make and file with the City Clerk on or before the 25th day of
August, 1947, complete plans and specifications for the paving of certain public
alleys described in the preceding sections of this ordinance, and for such excavation
and grading as may be necessary therefor, and shall, on or before the same date,
submit to the Board of Commissioners of Salina, Kansas, under oath, detailed estimates
of the costs of such work for such improvement.
Section 4. 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 Coi=issioners 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 public alleys with the kind of material named
and specified in the preceding sections hereof, and for the excavating 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 public alleys with the material selected by them to the lowest
responsible bidder or bidders therefor, as determined by said Board of Com-
missioners, and for such excavating and grading. Said Board of Commissioners
reserve the right to reject any and all bids.
Section 5. That for the improving of the above mentioned public alleys,
special 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 side of
the said public alleys to be improved, according to the appraisers' valuation
thereof, without regard to the buildings or improvements thereon for the distance
to be improved.
Section 6. After the passage and publication of this ordinance, the Board of
Commissioners shall appoint three disinterested appraisers, householders, who
having taken an oath to make a true and impartial appraisement of all lots and
pieces of land liable to assessment and taxation for the cost of the improvement
herein provided for shall, within five days after 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, without regard to the buildings or improvements thereon; and, after
making said appraisement, shall return the same to the Board of Commissioners of
s ._id city and said Board of Commissioners shall designate a t:n'ie 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 7. That for the purpose of paying the cost of the work and Laprove-
ments in this ordinance provided for, the Board of Comiiissioners are hereby
authorized and directed to issue internal Liprovement 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 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 pay-
able, the Board of Commissioners shall apportion and assess against the lots and
pieces of ground within the taxing district of such i.:._provements, special assess-
ments covering the cost of such improvements, and the apportionment therein con-
tained shall hold good for all the installments that are to be collected from the
specific property chargeable with said L.provements. Such assessment and apportiion-
ment ordinance shall contain the total amount of tax apportioned to each tract,
piece and parcel of land within the taxing district and shall stat6 the number of
,an#ual 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 and parcels of land, vJiich amounts shall include the
annual installments and J.nterest on all unpaid balances for one year at the
rate of not to exceed 5 per cent per annum, on such amounts so certified which
shall be collected as other taxes are collected; 'ROVIDED, 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 public alleys where
the same is provided for in the ordinance as well as where the improvement is
through or adjacent to property of the city for vrhich the city world be liable,
the assessment will be made against all taxable property of the city and paid
by the city at large.
Section 8. This ordinance shall take effect and be in force from and after
its publication once in the official city paper.
Introduced, August 11, 1947
Passed, August 18, 1947
A. L. Noyce
MayorAttest:
Chas, E. Banker
City Clerk
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify
that the above and forgoing is a true and correct copy of Ordinance No. 5246 passed
and approved by the Board of Commissioners August 18, 1947; and a recoud of the report
on its final adoption is found on page Journal No. 17.
1
D
45
(Published in the Salina Journal `1-7 � yo 1947)
ORDINANCE Num ER 5246
AN ORDINANCE providing for the paving and grading of a certain north and
south public alley between Fifth Street and Fourth Street from Mulberry Street
to Walnut Street, and of the paving and grading of a certain north and south
public alley between Santa Fe Avenue and Seventh Street, from Elm Street to a
point 532 feet north of the north line of Elir_ Street, and providing for the
cost thereof, how the cost thereof shall be assessed and the manner of pay-
ment thereof.
WHEREAS, by Resolution Number 981, duly adopted on T&Ly 5, 1947, by the
Board of Commissioners of the City of Salina, which deemed it necessary to
pave a certain north and south public alley between Fifth Street and Fourth
Street from Mulberry Street to Walnut Street, together with such excavation
and grading as may be necessary therefor; and
ITMEAS, By Resolution Number 982, duly adopted on May t1, 1947 by the
Board of Commissioners of the City of Salina, which deemed it necessary to
pave a certain north and south public alley between Santa Fe Avenue and
Seventh Street from Elm Street to a point 532 feet north of the north line
of Elm Street, together with such excavation and grading as may be necessary
therefor; and
7 -11 -MMM, 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
# writing against the making of such improvements, and no protest of any
kind having been filed; '
NM, THEREFORE:
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
SECTIO 1: That it is necessary and it is hereby ordered that a certain
north and south public alley between Fifth Street and Fourth Street from
Mulberry Street to Walnut Street, be paved and that said alley within such
limits be excavated and graded to such an extent as may be necessary for the
completion of said work.
SECTION 2: That it is necessary and it is hereby ordered that a certain
north and south public alley betweenSantaFe Avenue and Seventh Street from
Elan Street to a point 532 feet north of the north line of Elm Street be paved,
and that said alley within such limits be excavted and graded to such an extent
as may be necessary for the completion of said work.
SECTION 3. That for the work and improvements heretofore provided for,
the Citi Engineer will make and file with the City Clerk on or before the
.__._ — DAY OF ,,�, , 1947, complete plans and specifi-
cations for the paving of ce tain public alleys described in the
preceding
sections of this ordinance, and for such excavation and grading as may be
necessary therefor, and shall, on or before the same date, submit to the Board
of Commissioners of Salina, Kansas, under oath, detailed estimates of the
costs of such work for such improvement.
SECTION 4. That after such plans and specifications shall have been made and
prepared by the Cita 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 public alleys with the
kind of material named and specified in the preceding sections hereof, and for
the excavating 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 public alleys
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 Commissioners reserve the right to reject any and
all bids.
SECTION 5: That for the improving of the above mentioned public alleys,
special 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 side of
the said public alleys to be improved, according to the appraiserst valuation
thereof, � i.thout regard to the buildings or improvements thereon for the dis-
tance to be improved.
SECTION 6: After the passage and publication of this Ordinance, the Board
of Commissioners shall appoint three disinterested appraisers, householders,
who having taken an oath to make a true and impartial appraisement of all lots
and pieces of land liable to assessment and taxation for the cost of the
improvement herein provided for shall, within five days after 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, without regard to the buildings or
improvements thereon; and, after making said appraisement, shall return the
same to the Board of Commissioners 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 low.
SECTIOP; 7: 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
authorized and directed to issue internal improvement bonds of the Cittr of
Salina in an amount not to excee the contract price or cost of such improvemaits
and to run for a perion of years and be payable in _J equal
installments, together with interest not to exceed 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 sever ally become due and payable, the Board of Commissioners shall apportion
and assess against the lots and pieces of ground within the taxing district of
such improvements, special assessments covering the cost of such improvements,
and the apportionment therein contained shall hold good for all the installments
that are to be collected from the specific property chargeable with said
improvements. 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 Clark 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 viork 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
per cent per annup, 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 cross-
ing of streets and alleys, and for the grading of said public alleys where the
same is provided for in the Ordinance as well as where 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.
SECTIOil 8: This Ordinance shall take effect and be in force from
and after its publication once in the official cit, paper.
Attest:
CityClerk
Introduced Aumust 11, 1947
Passed August 18, 1947