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5164 Alley ImprovementsI ORDINANCE N0. 5164 (First published in the $alia Jour al v 1946) All ORDINANCE providing for the paving and grading of a certain north and south public alley between Seventh Street and Eighth Street from the north line of Iron Avenue, thence north to the south line of Ash Street, and of the paving and grading of a certain north and south public alley between Seventh Street and Eighth Street from the north line of Walnut Street thence north to the south line of a certain east and west public alley running between Eighth Street and Seventh Street, and providing for the cost thereof, how the cost thereof shall be assessed and the manner of payment thereof. WHEREAS, by Resolution No. 908, duly adopted on April 15, 1946, by the Board of Commissioners of the City of Salina, which deemed it necessary to pave a certain north and south public alley between Se enth Street and Eighth Street from the north line of Iron Avenue to the sout# line of Ash Street, together with such excavation and grading as may be necessary therefor; and WHEREAS, by Resolution No. 909, duly adopted April 15, 1946, the Board of Com- missioners of the City of Salina have deemed it necessary to pave a certain north and south public alley between Seventh Street and Eighth Street from the north line of Walnut Street thence north to the south line of a certain east and west public alley running between Eighth Street and Seventh Street, together with such excavation and grading as may be necessary therefor; and WHEREAS, 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 owing 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 improve- 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 a certain north and south public alley between Seventh Street and Eighth Street from the north line of Iron Avenue thence north to the so utJx line of Ash 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 between Seventh Street and Eighth Street from the north line of Walnut Street thence north to the south line of a certain east and west public alley running between and connecting Eighth Street and Seventh Street be paved, and that said alley within such limits be excavated and graded to such extent as may be necessary for the completion of said work. 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 1st day of July, 1946, 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 Commissioners may advertise by advertisment published in the official city paper of the City of Salina, Kansas, for three consecuti.e 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 Cozuaissioners 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 excarating and grading. Said Board of Cozuaissioners 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, without regard to the buildings or improvements thereon for the distance to be unproved. 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, 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 sane to the Board of Cormaissioners 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. Section 7. That for the purpose of paying the cost of the vrork and improvements in this Ordinance provided for, the Board of Commissioners are hereby authorized and directed to issue internal improvements 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 five 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 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 total amount of tax apportioned to each tract, piece and parcel of land within the taxing district and i 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 certi- fied, 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 installments and interest on all unpaid balances for one year at the rate of not to exceed five per cent 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 gradinS of said public alleys where the same is provided for in the Ordinance as well as where the improvementX is through or adjacent to property of the city for which the city would be liable, the assessment will be made against the tax- able property of the city and paid by the city at large. Section 8. Tnis ordinance shall take effect and be in force from and after its publication once in the official city paper. Introduced, June 17, 1946 Passed, June 24, 1946 Lloyd W. Price Mayor Attest: Chas. $ Banker City Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, dd hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 5164 passed and approved by the Board of Commissioners of the City of Salina June 24, 1946; and a record of the vote on its final adoption is found on page Journal No. 16, City Clerk (First Published in the Salina Journal 7—a 1946.) ORDINANCE NO- 5164 AN ORD31TANCE providing Vor the paving and grading of a certain north and south public alley between,'Seventh Street and Eighth Street from the north line of Iron Avenue, thence north to the south line of Ash Street, and of the paving and grading of a certain north and south public alley between Seventh Street and Eighth Street from the north line of Walnut Street thence north to the south line of a certain east and west public alley running be- tween Eighth Street and Seventh Street,/and providing for the cost thereof, how the cost thereof shall be assessed and the manner of payment thereof. AREAS, by Resolution #908, duly adopted on April 15, 1946, by the Board of Commissioners of the City of Salina, which deemed it necessary t o pave a certain north and south public alley between Seventh Street and Eighth Street from the north line of Iron Avenue to the south line of Ash Street, together with such excavation and grading as may be necessary therefor; and WHEREAS, by Resolution #909, duly adopted April 15, 1946, the Board Of Commissioners of the City of Salina have deemed it necessary to pave a certain north and south public alley between Seventh Street and Eighth Street from the north line of Walnut Street thence north to the south line of a certain east and west public alley running between Eighth Street and Seventh Street, together with such excavation and grading as may be neces- sary therefor; and WHEREAS, 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 own- ing 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 improvements, and no protest of any kind having been filed; NOW, THEREFORE: Kansas: BE IT ORDAINED BY the Board of Commissioners of the City of Salina, SECTION 1: That it is necessary and it is hereby ordered that a certain north and south public alley between Seventh Street and Eighth Street from the north line of Iron Avenue thence north to the south line of Ash Street, be paved and that said alley within such limits be excavated and graded to such an exte# 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 between Seventh Street and Eighth Street from the north line of Walnut Street thence north to the south line of a certain east and west public alley running between and connecting Eighth Street and Seventh Street be paved, and that said alley within such limits be excavated and graded to such extent as may be necessary for the completion of said work. S' SECTION 3: That for the work and improvements heretofore provided for, the Cit;— Engineer will make and file with the City Clerk on or before for 1st day of July , 1946, complete plans and specifications for tre Paving of certain public alleys described in the preceding sections of this ordinance, and for such excavation and grading as ma;- be necessar,r 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. SECTIO? 4: T ).at after such plans and specifications shall have been made and prepared by the Citi Engineer and filed with the City' Clerk as aforesaid, the Board of Commissioners may advertise by advertisement pub- l.ished in the official city paper of the Ci t7, of Salina, Kansas, for three consecutive days for the receipt of sealed proposals for t.,e improving of sa-d public alleys with the kind. of material named. and specified in the precedWi.ng sec' -ices 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 witli the material selected by hem to the lowest responsible bidder or bidders therefor, as determined- by said. Board of Commissioners, and for such excavating and gra.dinC. Said d Board of Commissioners reserve the right to re ect any and all bids. SECTION 5: That for the improving of the above mentioned public alleys, ecial assessments shall be made for the full costs thereof accordir_i, to law, on all lots and pieces of land to the center of the block on either side of the stLid public alleys to be improved, according; to the a r raise'I valuation.. rs Hereof, without regard to the buildings or improvements thereon for ti -le dis- tance to be improved. S ,C :G? v: � After the passafre and publication of this Ordinance, the ` Board. of Comm�ss'oners shall appoint three disinterested appraisers, house- holders, who after having taken an oath to make e- true and impartial ap- praisement of all lots and pieces of land liable to assessment and taxation for t'.e cost of the improvement herein provided for shall, within five days IIafte.r 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 Ito the buildings or improver -Lents thereon; and, after makin-; said appraise- �; ment, shall return the same to the Board of Commissioner,-, of sa.i.d city; and 11 said Board of Commissioners shall designate a time and place for the hearing; iof 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 offi- oial 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 tco hip -h or too low. SEC1IOri l: That for the purpose of pard n.g; the cost o the �;orl: and im- ! pro,.,e�ments in ti is Ordinance provided for, the Board of Coro issioners are ihereb -authorized and directed to issue internal ir4rovements bonds of the iCitY of Salina in an amount not to exceed. the contract price or cost of such 1i::prcvernents and to run fora period of ten years and be payable in ten equal installments, to ;ether with interest not to exceed j iivte per cent per annum, 1 ,.l2ich bonds shall be made Nalrable at, the i�Fiscal 1:rency of the State of Kansas; and for the purpose of pa;ri.ng principal !jand interest on said bonds as then severally- become due and payable, the ;Board of Commissioners shall apportion and assess against the lots and pieces of .land .rithin the taxing district of such. improvements, special assessments cov- ering the cost of such improvements, and the apportionment therein contained ;shall hold. good for all the installments that are to be collected from t he !s;)ecii'ic -propert-%r chargeable vrith -said improvements. Such assessment and ap- !portionmerit ordinance shall contain the total amount of tax apporticned to leach 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; w 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 tircrk and improvements, together with I the respective ,mounts due on eacfi 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 Fire per cent per annum, on such amounts so certified ti^rhich 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 ii of streets and filleys, and mor 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 cit;,- for which the city would be liable, -the assessment Yrill be made against all taxable property of the I city and paid by the city at large. SECTION, 8: This Ordinance shall take effect and be in force from and iafter its publication once in the official city paper. i attest: City Clerk Introduced: June 17 , 1946 Passed: Jute ; , 1946. D TTJIayor