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5325 Street ImprovementsY 11 CRDINr_ITCE NULBER Published in the Salina Journal 5325 1948 ) AN ORDTAUCE providing for the curbing, `;uttering and grading of Fifth Street, from the center line of Hamilton Avenue to the center, line of Antrim Avenue; -for the curbing, guttering and grading of Hamilton Avenue from the west line of Kinth Street to the east line of Eleventh Street; for the curbing, guttering and grading of Harsh Avenue from the center line of Santa Fe Avenue to the center line of Seventh Street; for the curb- ing, guttering and grading of Stapler Avenue from the east line of Ohio Street to the east line of Delaware Avenue, aad providing for the pay - went of the cost thereof, and how the same shall be assessed and the manner of the payment thereof. i WHE.F,EAS, by Resolutions Plumber 1040, 1039, 1053, and 1055 duly adopted on April 26, 1948, April 26, 1948, May 10, 1948 and May 17, 1948, respect- ively, the Board of Commissioners of the City of Salina have declared that that they deem it necessary to curb, gutter and grade each - Fifth Street from the center line of Hamilton Avenue to the center line of Antrim Avenue; Hamilton Avenue from the west line of Ninth Street to the east line of Eleventh Street; Harsh Avenue from the center line of Santa Fe Avenue to the center line of Seventh Street and Stapler Avenue from the east line of Ohio Street to the east line of Delaware Avenue. YVHEZE.hS, 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 cf 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 vtiith the city clerk a sufficient protest, in writing, against the making of said improve- ments, no protests of any kind having been filed; Nei THEREFORE, BE IT CRDAIPIED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That it is necessary and it is hereby ordered that Fifth Street from the center line of Hamilton Avenue to the center line of Antrim Avenue in said city be curbed and guttered with the 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. i j Section 2. That it is necessary and it is hereb-,r ordered that Hamilton Avenue from the west line of Ninth Street to the east line of Eleventh 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. Secti m 3. That it is necessary and it is hereby ordered that Harsh Avenue from the center line of Santa Fe avenue to the center line of Seventh Street in said city, be curbed and guttered with the excavation necessary there- for and graded to the established pa ing grade to eacin side thereof, as may be necessary for the completion of said work. Section 4. That it is necessan., and it is hereby ordered that Stapler Avenue from the east line of Ohio Street to the east line of Delaware Avenue Jr said city be curbed and guttered with the excavation necessan.r therefor and graded to the established paving; grade to each side thereof, as mar 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 wi-. h the Cit'.r Clerk on or before the ninth day of August , 1948, complete plans and specifications for the curbing, guttering and grading (with excavation neizessary therefor) of each of the streets or portions thereof described in Sections 1 to 4, both inclusive, of this ordinakoe, with the following type of improvement; 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 nec- essary 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 descrilued; 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 for such improvements. f 0 1 1 Section 6. That after such plans and specifications shall have been made and prepared by the City Engineer and filed with the City Clerk as afore- said, the Board of Commissioners may advertise by advortisement published in the official city paper of the City of Salina, Kansas, for three consecutive 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 here- by authorized to let contracts for the improving of said streets with the mat- erial selected by them to the loviest responsible bidder or bidders therefor, as determined by said 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 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 appraisers' valuation thereof with- out 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, house- holders, who after having taken an oath to make a true and impartial appraise- ment for all lots and pieces of land liable to assessment and taxation for the cost of the improvements herein provided for, shall within five days after hav- ing 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 Cormssioners of said city, without regard to the buildings or improvements thereon and after making said appraisement shall return thb 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 pr pieces of land appraised as aforesiad, 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 9. 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 iss,_ze 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- ments, 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 collect- ed from the specific property chargeable with said improvements. Such assess - went 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 same time other taxes are certified, certify to the County Clerk of Saline County, Kansas, a full list of all property liahie for such ,work and improvement, 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 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 *here 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 10. That this ordinance shall take effect and be in f orce fnam and after its public tion in the official city paper. Introduced: July 19th, 1948 Attest: City C le rk Passed: July 26th, 1948