5118 Street Improvements Tenth Street1
ORDINANCE N0. 5118
_ (Published in _the _Salina Journal
AN ORDINANCE providing for the grading and paving of Tenth Street from the north
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line of North Street to the north line of Grand Avenue, with six inch
(6a) reinforced concrete, paved from the north line of North Street to
the south line of Lincoln Avenue to be a width of thirty-three feet
(33t) and from the north line of Lincoln Avenue to the south line of
Grand Avenue to be a width of thirty-one feet (311); and providing for
curbing, guttering and grading of Tenth Street from the north line of
North Street to the north line of Lincoln Avenue and providing for the
costs thereof and how the same shall be assessed and the manner of pay-
ment thereof.
WHEREAS, by resolution No. 888, duly adopted on September 4, 1945, the Board of
Comm ssioners of the City of Salina have deemed it necessary to pave Tenth Street
with six inch (6") reinforced concrete from the north line of North Street to the
north line of Grand Avenue for a width of thirty-three feet (331) from the north
line of North Street to the south line of Lincoln Avenue and from the north line
of Lincoln Avenue to the south line of Grand Avenue for a width of thirty-one
feet (311) together with such excavation and grading as may be necdssary; and,
IMREAS, by resolution No. 889, duly adopted September 4, 1945, the Board of Com-
missioners of the City of Salina, have declared that they deem it necessary to
curb and gutter Tenth Street from the north line of North Street to the north
line of Lincoln Avenue together with such excavation and grading as may be necessary;
and,
ihTEMEAS, 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 ovming a majority in square feet of
the lots or real estate liable to taxation for the costs 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 i.iiprove-
ments, and no protest of any kind having been filed, 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 Tenth Street
from the north line of North Street to the north line of Grand Avenue be paved
for a width of thirty-three feet (331) from the north line of North Street to
the south line of Lincoln Avenue for a width of thirty-three feet (33t) and from
the north line of Lincoln Avenue to the south line of Grand Avenue for a width
of thirty-one feet (311) with six inch (6") reinforced concrete; and that said
street within such limits be excavated and graded to such extent as may be nec-
essary for the completion of said work and that at the intersection of streets
said paving shall be carried back to the lot lines of the streets intersecting
with the street so improved.
Section 2. That it is necessary and it is hereby ordered that Tenth Street
from the north line of North Street to the north line of Lincoln Avenue be curbed
and guttered along with such grading and excavation as may be necessary and that
such street between the curb and gutterlines on each side thereof be graded to
the established paving grade of said street within the limits above defined.
Section 3. That for the work and improvements heretofore provided for, the
City Engineer will make and file with the City Clerk on or before the 29th day of
October, 1945, complete plans and specifications for the paving of the street or
portion thereof described in the preceding section of this ordinance with six
inch (6") reinforced concrete and for such excavation and grading as may be
necessary and for the curbing and guttering of the street or portions thereof des-
cribed in the proceeding section of this ordinance along with such grading and
excavation as may be necessary and shall, or or before the same date, submit to
the Board of Commissioners of Salina, Kansas, under oath, detailed estLuates 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 Conmissioners 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 proceeding 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 street with the material seleoted by them to the lowest respons-
ible bidder or bidders therefore, as determined by said Board of Commissioners, and for
such excavating and grading. Skid Board of Commissioners reserve the right to reject
any and all bids,
Section S. 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 side of the streets to be
improved according to the appraiser's 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 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 improvement herein pro-
vided for shall, w'thin 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 Commissim ers 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 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 improvem alts and to run for a period of
Ten years and be payable in ten equal installments, together with interest not to ex-
ceed five 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 improveiaients
special assessments covering the cost of such improvements, and the apportionment
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therein contained shall hold good for allthe 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 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 install-
ments and interest on all unpaid balances for one year at the rate of not to exceed
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five per cent per annum, on such amounts so certified which shall be collected as
other taxes are colleoted; 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 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 8. This ordinance shall take effect and be in force fr&m and after
its publication once in the official city paper.
Introduced, October 15, 1945
Passed, October 22, 1945
J. H. Moore_ , Jr.
Mayor
Attest: 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 foregoing is a true and correct copy of Ordinance No.
5118 passed and approved by the Board of Commissioners of the City of Salina
October 22, 1945; and a record of the vote on its final adoption is found on
Page Journal No. 15.
City Clerk