5144 Street ImprovementsORDINANCE N0. 5144
(Published in the Salina Journal1'
, Q 1946)
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Aid ORDINUN CE providing for the curbing, guttering and grading of Eighth Street from the
north line of Hamilton Street and to the south line of Jintria Street; and the
curbing, guttering and grading of Seventh Street from the south line of Hamilton
Avenue to the north line of Otis Avenue; and the curbing, guttering and grading
of Charles Street from the west line of Twelfth to the east line of Phillips
Street; and the curbing, guttering and grading of Arthur Avenue from the north
line of North Street to the south line of Lincoln Avenue; and the curbing,
gzzttering and grading of Charles Street from the .,rest line of Phillips Street
to the east line of Montrose Avenue; and the curbing, jutterinC and grading of
Garfield Avenue from the north line of North Street to the south line of Lincoln
Avenue; and the curbing, guttering and grading of Grant Avenue from the north
line of North Street to the south line of Lincoln Avenue; and the curbing, gutteriat
and grading of Lincoln A -venue from the east line of Grant Avenue to the west line of Arthur
Avenue; and th6 curbing, guttering and grading of North Street from the east line
of Front Street to the west line of Arthur Avenue; and the curbing, guttering and
grading of Seventh Street from the north line of Lincoln Avenue to the south line
of Decatur Street; and providing for the cot thereof, and hovr the same shall be
assessed, and the manner of payment thereof.
VMREAS, by Resolutions No, 358, 865, 872, 881, 383, 884, 885, 886, and 891,
duly adopted on September 25, 1944, December 4, 1944, April 23, 1945, June 25, 1945,
June 25, 1945, June e5, 1945, June 25, 1945, June 25, 1945, June 25, 1945 and September
G4, 1945, respectively, the Board of Commissioners of the City of Salina, have declared
that they deem it necessary to curb, gutter and grade each - Eighth Street from the north
line of Hamilton Street to the south line of Antrim Street; Seventh Street from the south
line of Hamilton Avenue to the north line of Otis Avenue; Charles Street from the west line
of Twelfth Street to the east line of Phillips Street; `Arthur Avenue from the north line
of North Street to the south line of Lincoln Avenue; Charles Strect from the west line of
Phillips Street to the east line of Montrose Avenue; Garfield Avenue from the north line
of North Street to the south line of Lincoln Avenue; Grant Avenue from the north line of
North Street to the south line of Lincoln Avenue; Lincoln Avenue from the east line of
Grant Avenue to the west line of Arthur Avenue; North Street from the east line of Front
Street to the west line of Arthur Avenue; Seventh Street from the north line of Lincoln
Avenue to the south line of Decatur Street; together with such excavation and grading as
may be necessary and for the grading of each thereof to the established paving grade be-
tween the gutter lines of each thereof;
WIEREAS, 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
improvements, and no protests of any
kind
having been filed, NOVI 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 Eighth Street
from the north line of Hamilton Street to the south line of Antrim Street in said city
be curbed and guttered (with 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 Seventh Street
from the south line of Hamilton Avenue to the :_orth line of Otis Avenue in said city
be curbed and guttered (with excavation necessary therefor) and graded to the established
paving grade to each side thereof, as may be necessary for the completion of saidwork.
Section 3. That it is necessary and it is hereby ordered that Charles Street
from the west line of Twelfth Street to the east line of Phillips Street in said city
be curbed and guttered (with 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 4. That it is necessary and it is hereby ordered that Arthur Avenue
from the north line of North Street to the south line of Lincoln Avenue in said city
be curbed and guttered (with excavation necessary therefor) and graded to the established
paving grade to each side thereof, as may be necessary for the completion of said work.
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Section 5, That it is necessary and it is hereby ordered that Charles Street
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from the west line of Phillips Street to the east line of Montrose Avenue in said city
be curbed and guttered (with 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 Garfield Avenue
from the north line of North Street to the south line of Lincoln Avenue in said city be
curbed and guttered (with 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 7. That it is necessary and it is hereby ordered that Grant Avenue
from the north line of North Street to the south line of Lincoln Avenue in said city
be curbed and guttered (with 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 8. That it is necessary and it is hereby ordered that Lincoln Avenue
from the east line of Grant Street to the west line of Arthur Avenue in said city be
curbed and guttered(with 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 9. That it is necessary and it is hereby ordered that North Street
from the east line of Front Street to the west line of Arthur Avenue in said city be
curbed and guttered(with 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 than Seventh Street
from the north line of Lincoln Avenue to the south line of Decatur Street in said city
be curbed and guttered (with 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 11. For the work and iniproversents herein provided for, the City
Engineer shall make and file with the City Clerk on or before the 44nd of April, 1946,
complete plans and specifications for the curbing, guttering and grading (with excavation
necessary therefor) of each of the streets or portions thereof described in the preceding
sections of this ordinance, with the following type of improvements
Concrete combined curb and gutter on each side thereof, SO inches
wide from back of curb to paving line, curb lz inches deep at back;
gutter six inches deep; and the necessary grading of each to the
established paving grade between the curb and gutter lines on each
side thereof,
and shall on or before the same date, submit to the Board of Commissioners under oath,
detailed estimates of the cost of such work for said improvement.
Section 14. 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 sections hereof, and for the excavating and grading nee
essary for the completion of such work, and after the receipt of such proposals the
said Board of Commisdoners may and are hereby authorized to let contracts for the
irproving of said streets with the material selected by them to thelowest 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 13. 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 appraisers' valuation thereof without regard to the buildings
or improvements thereon for the distance to be improved.
Section 14. 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 provided for, shall within five days after havinf: been notified of their appoint-
ment, 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 Com-
missioners 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 15. That for the purpose of paying the cost of the work and im-
provements in this ordinance provided for, the Board of Commissioners are hereby author-
ized 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 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 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 improvements. Such assessment and apportiorunent
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
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waounts shall include the annual installments and interest on all unpaid balances for
f one year at the rate of not to exceed 51/o per annum, on such amounts so certified which
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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
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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
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taxable property of the city a d paid by the city at large.
Section 189 This ordinance shall take effect and be in force from and after
its publication once in the official city paper.
Introduced April 1, 1946
Passed, April 8, 1946
J. H. Moore, Jr.
Mayor
Attests 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. 5144 passed
and approved by the bard of Commissioners April 8, 1946; and a record of the vote on
its final adoption is found on page Journal No. 15.
e__:; Ke�—
C ty Clerk
ORDII,IANCE NO. 5144
AN ORDINANCE providing for the curbing, guttering and grading of Eighth_
Street from the north line of Hamilton Street and to the south line of
Antrim Street; and the curbing, guttering and grading of Seventh Street,
from the south line of Hamilton Avenue to the north line of Otis Avenue;
and the curbing, guttering and gradin; o. Charles_ Street from the west
line of Twelfth to the east line of Phillips Street; and the curbing,
guttering and grading of Arthur Avenue from the north line of North
Street to the south line of 7:Incoln Avenue; and the curbing, guttering I
and grading of Charles Street from the west line of Phillips Street to
the east line of M�ntrose Avenue; and the curbing, guttering and grading
of Garfield Avenue from the north line of North Street to the south line
of Lincoln Avenue; and the curbing, guttering and grading of Grunt Avenue
from the north line of North Street to the south line of Lincoln Avenue;
and the curbing, guttering and gradinm of Lincoln,4vanua_from the east
line of Grant Avenue to the west line`,of Arthur Avenue; and the curbing,
guttering and grading of North Street from the east line of Front Street
to the west line of Arthur Avenue; `and the curbing, guttering and grad-
ing of Seventh Street_from the north line of Lincoln Avenue to the south
line of Decatur Street; and providing for the cost thereof, and hoer the
same shall be assessed,' and the manner of payment thereof.
'.`n EREAS, by Resolutions No. 858, 865, 872, 881, 882, 883, 884, 885, 886,
and 891, duly adopted on September 25, 1944, December 4, 1944, April 23, 1945,
June 25, 1945, June 25, 1945, June 25, 1945, June 26, 1945, June 25, 1945,
June 25, 1945 and September 24, 1945, respectively, the Board of Commission-
ers of the City of Salina, have declared that they deem it necessary to curb,
gutter and grade each - Eighth Street from the north line of Hamilton Street
to the south line of Antrim Street; Seventh Street from the south line of
Hamilton Avenue to the north line of Otis Avenue; Charles Street from the
west line of Twelfth Street to the east line of Phillips Street; .Arthur Ave-
nue from the north line of North Street to the south line of Lincoln Avenue;
Charles Street from the west line of Phillips Street to the east line of
Tlontrose Avenue; Garfield Avenue from the north line of North Street to the
south line of Lincoln Avenue; Grant Avenue from the north line of North
Street to the south line of Lincoln Avenue; Lincoln Avenue from the east
line of Grant Avenue to the I'iest line of Arthur _.venue; Forth Street from the
east line of Front Street to the west line of Arthur Avenue; Seventh Street
from the north line of Lincoln Avenue to the south line of Decatur Street;
together with such excavation and grading as may be; necessary and for the
grading of each thereof to the established paving grade between. the gutter
lines of each thereof;
7.171.EREAS, each of said resolutions were duly published for six days in the
Salina Journal, daily newspaper published in said city, and being the offi-
cial city paper, and the majority of the resident property oimers owning a
majority in square feet of the lots or real estate liable to taxation for the
cost of said improvements did notrithin 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 improvements, and no protests of any hind
having been filed,
NOi4 THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:
Section I. That it is necessary and it is hereby ordered that Eighth
Street from the north line of Hamilton Street to the south line of Antrim
Street to said city be curbed and guttered (with 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.
Section 2. That it is necessary and it is hereby ordered that Seventh
Street from the south line of Hamilton Avenue to tthe north ling of Otis
Avenue in said city be curbed and buttered (with 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.
Section 3. That it is necessary and it is hereby ordered that Charles
Street from the west line of Twelfth Street to the east line of Phillips
Street in said city be curbed and guttered (with 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.
Section 4. That it is necessary and it is hereby ordered that Arthur
Avenue from the north line of North Street to the south line of Lincoln
Avenue in said city be curbed and guttered (with 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.
Section 5. That it is necessary and it is hereby ordered that Charles
Street from the west line of Phillips Street to the east line of Yontrose
Avenue in said city be curbed and guttered (with 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.
Section 6. That it is necessary and it is hereby ordered that Garfield
Avenue from the north line of North Street to the south line of Lincoln Ave-
nue in said city be curbed and guttered (with excavation necessary therefor)
and graded to the established paving grade to each side thereof, as may b e
necessary for the completion of said work.
Section 7. That it is necessary and it is hereby ordered that Grant
Avenue from the north lire of North Street -be the ;south line of Lincoln Avenue
in said city be curbed and guttered (frith excavation necessary therefor) and
graded to the established paving grade to each side thereof, as may be neces-
sary for the completion of said work.
Section 8. That it is necessary and it is hereby ordered that Linooln
g'tenub from the east line of Grant Street to the west line of Arthur Avenue
in said city be curbed and guttered (with excavation necessary therefor) and
graded to the established paving grade to each side t hereof, as may be
necessary for the completion of said work.
Section 9. That it is necessary and it is hereby ordered that North
Street from the east line of Front Street to the west line of lxthur Avenue
in said city be curbed and guttered (with excavation necessary therefor) and
graded to the established paving grade to each side thereof, as may be nec-
essary for the completion of said work.
Section 10. That it is necessary and it is hereby ordered that Seventh
Street from the north line of Lincoln Avenue to the south line of Decatur
Street in said city be curbed and guttered (with 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.
Section 11. For the work and improvements herein provided for, the
City Engineer shall make and file with the City Clerk on or before ,?A
1946, complete plans and specifications for the curbing,
gu tering`-and grading (faith excavation necessary therefor) of each of the
streets or portions thereof described in the preceding sections of this ordi-
Inance, 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 six inches deep; and the
necessary grading of each to the established paving grade
between the curb and gutter lines on each side thereof,
and shall on or before the same date, submit to the Board of Commissioners,
under oath, detailed estimates of the cost of such work for said improvement.
Section 12. That after such plans and specifications shall have been
made and prepared by the City Engineer and filed rith the City Clerk as afore-
said, 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
Mith the kind of material named and specified in the preceding sections here-
of, 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 lot 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 Commissioners reserve the right
to reject an-,/,- and all bids.
Section 13. That for the improving of the above mentioned streets
such assessments shall be made for the full costa thereof accordin; 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 appraisers, valuation thereof without
regard to the buildings or improvements thereon for the distance to be im-
proved.
Section 14. After the bassaMe and publication of this ordinance the
Board of Commissioners shall appoint three disinterested appraisers, house-
holders, who after having taken an oath to saltie a -true and impartial ap-
praisement of 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 having been notified of their appointment, proceed to appraise said
lots and pieces of land liable to assessment and taxation as a:.oresaid, 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 nieces of
land appraised as aforesaid, of which due notice shall be F;iven in the offi-
cial city paper, at z^rhich hearin 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 hih or too lour.
Section 15. That for the purpose of paying the cost of the work and
II improvements in this ordinance provided for, the Board of Coruni.ssioners 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 improvements and to run for a period of ten years and be payable in ten
equal installments, together vrith interest not to exceed 507'.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 Cor,L*nissioners 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 ood for all the installments
that are to be collected from the specific property chargeable with said in -
Such assessment and apportionment ordinance shall contain the
total amount of tax apportioned to each tract, piece and parcel of land
Ivrithin the taxing district and shall state the number of annual installments
in v,hich such tax is to be collected; and thereafter the City Clerk shall
^nnually, at the same time other taxes are certified, certify to the County
Klerk of Saline County, Kansas, a full list of all property liable for such
!vrork �3.nd improvements, together with the respective amounts due on each of
isaid tracts, pieces and parcels of land., vrhich amounts shall include the
annual installments and interest on all unpaid balances for one year at the
Irate of not to exceed 5;' per annum, on such amounts so certified which shall
`be collected as other taxes are collected; PD-DVIDED, 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 v;here tl-_e improvement is
Ithrot?gh or adjacent to property of the city for which the city r,oulci be
!liable, the assessment will be made against all taxable propertr of the cittr
and paid by the city at large.
Section 16. This ordinance shall take effect and be in force from and
after its publication once in the official city paper.
Introduced: 'aril 1, , 1946.
Passed: April B. � 1946.
(Seal)