5051 Street Improvements1
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ORDINANCE N0. 5051
(Published in the Salina Journal.�b►y.19th,. 1944)
AN ORDINANCE providing for the curbing, guttering and grading of Claflin Avenue
from the west line of Ninth Street, gest approximately 1016 (feet to the
west line of Lot 13, Block 1, Evergreen Park Addition; Merrill Street from
the south line of Wilson Street to the north line of Repub is venue;
Pershing Street from the south line of Jewell Avenue to the north line of
Kirwin venue; North side of Republic Avenue from the west line of Sheridan
Street to the east line o nocktreet; Truce Street from the west line
of College Avenue to the east line of the Missour ci �o Railroad right-of-
way and Spruce Street from the east line of College Avenue to the west line
of Phillips tree ; and providing for the cost of such improvements and how
the same shall be assessed and the manner of payment therefor.
WHEREAS, by Resolutions No. 837 and 838, duly adopted February 21, 1944, 839 duly
adopted February 28, 1944; 840 and 841 duly adopted ]larch 6, 1944; and 843 duly
adopted April 11, 1944, by the Board of Commissioners of the City of Salina, said
Board of Commissioners have declared that they deem it necessary to improve certain
portions of certain streets and alleys in the City of Salina to the extent provided
for in said resolutions and as hereinafter provided for, and
WHEREAS, said resolutions were each duly published for six days in the Salina Journal,
a daily (except Sunday) newspaper In said city and the official city paper and no
sufficient protest, or any protest, against said improvements or any of them have
been filed within the time and in the manner provided by law; 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 Claflin Avenue
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from the west line of Ninth Street, west approximately 1016 feet to the west line
of Lot 13, Block 1, Evergreen Park Addition in said city be curbed and guttered
and that such street within such lim;.ts be excavated and graded to such extent as
may be necessary for the completion of said work, and that such street between the
curb and gutter lines on each side thereof be graded to the established paving grade
of said street within the limits a,ove defined, and that at the intersection of
streets and alleys, said curb and gutter shall be carried back to the lot line of
the street so improved, the distance between such curb and gutter on each side of
said street to be 28 feet from toe to toe of gutter.
Section 2. That it is necessary and it is hereby ordered that Merrill Street
from the south line of Wilson Street to the north line of Republic Avenue in said
city be curbed and guttered and that such street within such limits be excavated
and graded to such extent as may be necessary for the completion of said work, and
that such street between the curb and gutter lines on each side thereof be graded
to the established paving grade of said street within the limits above defined, and
that at the intersection of streets and alleys, said curb and gutter shall be carried
back to the lot line of the street so improved, the distance between such curb and
gutter on each side of said street to be 28 feet from toe to toe of gutter.
Section 3. That it is necessary and it is hereby ordered that Pershing Street
from the south line of Jewell Avenue to the north line of Kirwin Avenue in said city
be curbed and guttered and that such street within such limits be excavated and graded
to such extent as may be necessary for the completion of said work, and that such
street between the curb and gutter lines on each side thereof be graded to the es-
tablished paving grade of said street within the limits above defined, and that at
the intersection of streets and alleys, sa_.d curb and gutter shall be carried back
to the lot line of the street so improved, the distance between such curb and gutter
on each side of said street to be 26 feet from toe to toe of gutter.
Section 4. That it is necessary and it is hereby ordered that the North side
of Republic Avenue from the west line of Sheridan Street to the east line of Hancock ---
Street in said city be curbed and guttered and that such street within such limits
be excavated and graded to such extent as may be necessary for the completion of said
work, and that such street between the curb and gutter lines on each side thereof be
graded to the established paving grade of said street within the limits &Love defined,
and that at the intersection of streets and alleys, said curb and gutter shall be
carried back to the lot line of street so improved, the distance between such curb and
gutter on each side of said street to be 28 feet from toe to toe of gutter.
Section S. That it is necessary and it is hereby ordered that truce Street from
the west line of College Avenue to the east line of the Missouri Pacific Railroad right-
of-way in said city be curbed and guttered and that such street within such limits be
excavated and graded to such extent as may be necessary for the completion of said work,
and that such street between the curb and gutter lines on each side thereof be graded
to the established paving grade of said street within the limits above defined, and that
at the intersection of streets and alleys, said curb and gutter shall be carried back
to the lot line of the street so improved, the distance between such curb and gutter
on each side of said street to be 27 feet from toe to toe of gutter.
Section 6. That it is necessary and it is hereby ordered that Spruce Street from
the east line of College Avenue to the west line of Phillips Street in said city be
curbed and guttered and that such street within such limits be excavated and graded to
such extent as may be necessary for the completion of such work, and that said street
be graded, between the curb and gutter lines on each side thereof, to the established
paving grade of said street within the limits above defined, and that at the intersec-
tion of streets and alleys said curb and gutter shall be carried back to the lot line
of the street so improved, the distance between such curb and gutter on each side of
said street to be 27 feet from toe to toe of gutter.
Section 7. That for the work and improvement$ herein provided for in the preceding
sections of the Ordinance, the City Engineer shall make and file with the City Clerk on
or before May 29th, 1944, complete plans and specifications for the improvements to be
constructed as provided for in this ordinance including the excavation and grading as
herein provided for with the following materials=
Conc•ete combined curb and gutter, SO inches in width, 6 inches in height
at back, and 24 inch gutter;
and such engineer shall on or before the same date submit to the Board of Commissioners
under oath, detailed estimates of the cost of such work with such materials.
Section 8. 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 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 preceding
section hereof, and for the excavating and grading necessary for the completion of such
work, and after the receipt of such proposals the Board of Commissioners may and are
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hereby authorised to let contracts for the improving of said streets with the material
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selected by them to the lowest responsible bidder therefor, as determined by said
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Board of Commissioners, and for such excavating and grading. Said Board of Com-
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missioners reserve the right to reject any and all bids.
Section 9. That for the improving the above mentioned streets, special assess-
meats 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 s tre:-t according to the
appraisers value thereof, without regard to the buildings or improvements thereon
for the distance to be improved.
Section 10. 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 make a true and impartial appraisement of all lots and pieces
of land liable to assessment and taxation for the cost of the improvements herein pro-
vided 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, with-
out regard to the buildings or improvements thereon, and after making said appraise-
ment shall return the same to the Board of Commissioners of said city and said Board
of Commissioners shall designate a time for holding a special session of such Board
for the purpose of hearing any complaints that may be made as to the value of any
lots or pieces of land appraised as aforesaid, of which special session due notice
shall be given in the official city paper, at which special session 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 11. For the purpose of paying for the work 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 of such improvements and to run for a period of four years and be
payable in four approximately equal installments, together with interest not to exceed
five per centum (5%) per annum, which bonds shall be made payable to 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 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 totla 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 annually, at the same time other taxes are certified, certify to the 4'ounty
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 defraying the cost of improving the intersections and areas
formed by the crossing of streets and alleys, 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.
Section 12. This ordinance shall take effect and be in full foroe from and
after its publication once in the official city paper.
Attest:
Chas. E. banker
City Clerk
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
Introduced, May 8th, 1944
Passed, May 15th, 1944
Ed Morgenstern
Mayor
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify
that the above and foregoing is a true and correct copy of Ordinance No. 5051 passed
and approved by the Board of Commissioners of the City of Salina May 15th, 1944; and
a record of the vote on its final adoption is found on page Journal 15.
City Clerk
( ublished in the Salina Journal $day
ORDDINANCE 1T0. 5051
A`'r URDI_I-A_HCE providing, for t•re curbing,, guttering and grading of Claflin .Avenue
from the west line of Ninth Street, vrest approximately 1016 feet to
the west line of Lot 13, Block 1, Evergreen Park Addition; Merrill
Street from the south line of Milson Street to the north line of
Republic Avenue; Pershing Street from the south line of Jewell Avenue
to the north line of Kirw r. Avenue; Ncrtl,. side of Republic Avenue
frc.ii the west line of Sheridan Street to the east line of Hancock
Street; Spruce Street from the west line of College Avenue to the
east line of the 11isseuri Pacific Railroad right-of-way and Spruce
Street from the east line of College Avenue to the west line of
Phillips Street; and providing for the cost of Bach irprovements
and how the same shall be assessed and the manner of payment there-
for.
WHEREAS, b,r Resolutions tions No. 837 and 83�'O
my adopted February 21, 1944; 839 dulyadopted Febr ;a.ry 28, 1944; 840 and841pted Tuarch 6, 1944; and 843 dilly adopted
April 11, 1942, by the 13card cf Commissioners of the City of Salina, sa'id Board
of Conor ssieners have declared that they deem it necessary to improve certain
portior:s of certain streets and alleys in the City of Salina to the extent pro-
vided for in said resolutions and as hereinafter provided for, and.
t`v zsl LAS, said resclutions were each duly yr.zblished for six days i_n the Salina
Journal, a daily (except Sunday) newspaper in said city and the official city
paper and no sufficient protest, or any protest, against said iripr�'vements or
any of them have been filed within the time and in the manner provided by law;
11CIA THERE WORE
BE 1T ORDAIIIED by the hoard of Commissioners of the City of Salina, Kftnsas:
Section 1. That it is necessary and it is hereby ordered that Claflin
Avenue from the west line of Ninth Street, west approxinately 1016 feet to
the west line of Lot 13, Block 1, Evergreen Park Addition in said city be
curbed and guttered and that such street within such lim'ts be excavated and
traded to s 1,ch extent as may be necessary for the completion of said 'cork, and
that such street between the curb and `utter lines on each side t:!,erecf be graded
to t'.oe established paving grade of said street within the limits above defined,
and that at the intersection c*' streets and alloys, said cirb and nutter shall
be carried back to the lot line of the street so improved., the distance betinreen
such curb and ,gutter on each side cf said street to be 2b feet from toe to toe
of gutter.
Section 2. That it is necessary and 4.t is hereb,,r ordered that Dierrill
Street from the south line of 1Nilson Street to the north line of Republic
A,renue in said city be curbed and -uttered and that s,.ch street within such
limits be excav�.ted and graded tc s, -,,ch extent, as ';:ay be necessary I'cr the
completion of said work, and that such street between the curb and ^•utter
lines or each side thereof be graded to the established pavin;_ grade of said
street withir_ the limits a;cve defined, and that at the intersectic.r of streets
and alleys, said curb and mutter shall be carried back to the lot line of
the street so improved, the distance between such curb a::d -_-utter on each
side of said street to bet& feet from toe to toe of Lutter.
Section 3. Tzet it i.s necessary and it is hereby ordered that Pershing
Street fr—= the so,.ith line of Jewell A;-enue to tie forth line of Kirwin. Avenue
in ssj ri cityr be curbed and �;rittered aid t -at street within such 11_ -Pits
be excavated and graded to such extent as -nay be necessary for the co.pletion
of said work, and tna.t such street between the curb and gutter lines on each
side thereof be graded to the established ^aving, grade of said street within
the lim_ts above defined, and that at the intersection of streets and alleys,
said curb and r -utter shall be carried back tc the lot line of the street so
irnprci*ed, the distance between such curb And gutter on each side of said street
to be 20Meet fror-, toe to toe of butter.
Sectlon 4. That it is necessar•- and it is hereby orcered that the North
side of Republic Avenue fro -m the west line of Sheridan Street to the east lane
of fancock Street in said city be curbed and -uttered find that such street with-
in such limits be excavated and -raded to su.cYi extent as -_nay be necessary for
the^complet ion of said work, and that such street between_ the .urb and gutter
lines on each side thereof be graded to the established. paving `rade or said
stre_t within the limits above defined, and that at the ntersecticn cf streets
and alleys, said curb and butter shall be carried back to the lot line of street
so improved, the distance between such curb and butter on each side of said street
to be 2j feet from toe to toe of gutter.
Section 5. That it is necessary and it is hereby ordered that Spruce Street
from t" -_,e ve:t line of CoI'L_et;,? Avenue to the east line of the rdisso,ri Pacific
Railroad right-of-Ur.y ir said city be curbed and guttered and that such street
within, m ch limits be excavated and graded to such extent as r.ay be necessary
for the co:;:,-letion of said work, and that such street between the c r' 9nd gutter
lines on each side thereof be graded to the established paving tirade of said
street ',Tlthin the 1 im its above defined, and that at the intersection of streets
anal alleys, said c�,rb and -atter shall be carried back to the lot line of the
street so improved, the distance between such curb and ,*utter on each side of
said street to be 2f feet frcln toe to toe of -utter.
Section A. That it is necessary and ;t is h-.reby ordered that S -glace
Street fro:;. the east line of Col.leze Avenue tr the .•rest lire of Philips
Street ;.I: said city be curbed and glittered and teat s. ch street lr;i Chir s,.ich
1 its be eY ^ ,'n+Pa ani radeCi to such oxtent as _`,f.' '-,a-ecessary for the
cc-']etion r,, s„ch work, and that said street b graded, bet,.^.een tie ci.zrb and
}ter 11.: -'es G1 each _;,dn +ieroCi, .,
10 +,e cfa. ti
._Sed pa _ 'rade of said
.
street -vritl'-.r +' _P l .,.: tS abc„e def:' (led, and t_'iat at ,,'^,e :1.P P,, f. , n'; ()f streets
ar, RIleys, said curb and u.t+,er snail De carries, back to the lct l_-ne c” the
„treet so i:nprcve,i, the distance between such cur?) ar_:Z ;atter on each side of
said street to be 27 feet fro n toe -to toe of gut ,er.
Sectio. 7. That for t�.e work and .-nprovements .ere-_, 7rovidel for in the
preceding sections of the Ordinance, the City EnTineer shall make and '.'i -le with
the Citi* Clerl on or before May 29th, _1944 _� complete plRns
and specifications for the improvements tc be constructed as provided for in this
ordinance iacludinc 4 -lie excavation and `radinE, as herein provided for rrith the
followin- materials:
Concrete ce.:bined cur's and -utter, 30 inches it _dth 6
inches in heirrht at back, and 2,6 -In-ch —utter;
and such emTineer sha0_1 on or before ;,lie same date subrl;.+ to the Joard of Corn-
liosioners under oath, detailed esti.:.a.tes of the cost of such tir+crk with such
materials.
Section 3. That after such lilans and specif;ca.ticr.s shall 'nave been
made and. prepared by the City EnEineer and filed with the Citi* Clerk as - 'cre-
said, t' -,e Board of Co.,=]ssioners may advertise, by advert isemen IL �_blis':ed in
tree of`_cia.l city loaper of the City of Salina, Kansas, for gree eonsec,.ttive dpys
for the receipt of sealed-r000sals for the improving- of said streets with the
Kira cf _z;oial Based a ^c cneci °ied in the zrecedir_g sect_o- hereof, and for 'the
e-�:cavatint and -radin,7 necessAr;;- for the, co'.;x ]_etir,rl of suich 'r.'ork, and after the
receipt of s>>ch prolosals the 'Bard of Co imissio-ers -nay and are hereb, authorized
to let cont—acts for the Li -roving' of said streets with the material selected 'oy
then to the lowest resoons-_ble bidder therefor, as determined by said Board of
1�om2aissioners, and for such exca.vati.nj and Cradin�. Said. -hoard of Commissioners
reserve the ri`ht to reject any and all bids.
9. 7 -at fnr the '_.?'7'.'). r.,'V._"'`r the above nger-� `.need street, spec.Ial
assessments, shall be -,,lade for the f;.11 cost thereof accordinr- to law, on all
lots and nieces of land tc the center of the bl.cck on ether side of the street
accordir_ tc the appresers value thereof, without regard to the bu__1:3.in rs or
improvernen.ts thereon. for +hn distance to he inproved.
Section. 10. After the passa`e am ibllcitior_ c`' this ordina_.ce, the
B ez c of ~hall a point three disinterested appraisers, house-
hclders, who after having +&ken an oath to make a true ^.nd impartial appraise-
anent of all lots and y,ieces of la.r d liable to a ssess..ent and taxat _on for the
cost of the i%J�;pn' , .d?1ISaf;F hatTln
been notified of their appointment proceed to appraise said lets and piecos :f
land liable to assessment and taxation as aforesaid as r av be des!-nated by the
Board of COM"]iS5iO :ors of said city, without rega.rJ to t?:e b.i1 i s or i nprcve-
rents thereon, and after ^a'-ing said aprrRlsement shall ret1,,,rr_ the same to the
�oa.rd
c", Co miss ioners of said ci+-r a.nd said 3oe.r 1 cf Cm- ni ss loners shall des; —g—te
a. tine f -or hoNAnc; a special sess�.on of such Board f)r the _ ,rresc of hear .nr� any
co:7,Pla._: tF t,„,at -:a”, be, _ade as to the -:glue of ar.;r lots or [ ie^es cf lard appraised
as aforesaid, cf vhich special session d>.ie notice shall be Liven in the official
cit;, paper, at which special session_ the Uoard of Co,rrnissieners .:nay alter any
valuation of any lot or niece of land if, in their opinicn, the sQ;~.e nas been
appraised too high or too low.
Section. 11. For thepurpose of payinE for the work and i,r.provenents .in
this ord!'_,arce provided for, the Board oP ConLrnissioners are hereby authorized
and directed to issue internal improvement bonds of the City of Salina in an
&:.Yount not to exceed the cc :tract price of such il.a2rcvc,nents and to run for a
Pour Pour
period of years and be payable in 949PIapproxLiately equal instalLrrents,
toF,ether with interest not to exceed five per centum (5 of per annum, which
bonds shall be made payable to the fiscal agency of the State of Kansas; and
for the y r,pose of paying, principal and interest on said bonds as they severally
become d.ue and pay -able the pard of Commissioners shall apPortion end assess
against the lets and pieces of land within the taxing district of such innprove-
meats s^e^ial assessments covering the cost of such irl. rc*Tements and the apportlon-
Inert there;" contained shall '_,old ,00d for all the installments that are tc be
collected .from the sreci fic prorert;r chargeable vrith �,ai.d improvements. Such
assessment and apportionment ordinance shall contain the total 92noi_znt of tax
aprortioned to each tract, piece and parcel cf land within the taxi::` d;strict
and shall state the mmaber of annual __nstallments in which such tax is to be
collected; and thereafter the City Clerk shell annually, at the same time other
taxes are certified, certify to' -,he Co mty Clerh of Sal.ire County, Kansas, a full
list of all property liable for such work and i.aprovements, to -ether with the
respective amounts due on each of said tracts, pieces and parcels of land, which
amol nts include the annual _nstallnents and _nte:-est on all unpaid balances
for one year at the rate of not to exceed 5% per annum:, on such amounts so certi-
fied which shall be collected as other taxes are collected; PROVIDED, that Jor
the purpose of defraydmr the cost of iraprovinr, the intersections and areas formed
by the crossing; o" streets and alleys, as well as where the improvement is through
or adjacent to property of the city for which the cit -,r viould be liable, the
assessment will be rude against all taxable propert;r of the city and paid by the
city at., large.
Section 12. This ordinance shall take effect and be in full. Force from and
after its publication once in the official city paper.
Attest:
City Clerk
Introduced, May 8th, 1944
Passed, May 15th, 1944
Mayor ,