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5173 Street Improvements(Published in the Salina Journal ORDI�IAN CE N0. 5173 1946) ATT ORDINANCE nroviding for the grading and paving of Woodland Avenue from the west line of Santa Fe Avenue to the east line of Seventh Street; for the grading and paving of Oakdale Avenue from the south line of Johnstown Avenue to the south line of Ash Street; for the grading and paving of Kirwin Avenue from the east line of $in th Street to the west line of Santa. Fe Avenue; for the grading and paving of Clark Street from the south 11.Me of State Street to the north line of Walnut Street, for the grading and paving of Ash Street from the east line of the T:issouri Pacific right-of-ofline of U. S. Highv:,,a.y 81 b,,,, -pass; Railroad right-of-vray to the east and providing for the cost thereof, and hour the same shall be assessed, and the manner of payment thereof. VCHEREAS, by Resolutions No. 901, 903, 905, 907 and 921, duly adopted on April 22, 1946, and June 17, 1946, respectively, the Board of Commissioners of the City of Salina, have declared that they deem it necessary to grade and pave each - Woodland Avenue from the west line of Santa Fe Avenue to the east line of Seventh Street; Oakdale Avenue from the south line of Johnstovm Avenue to the sout# line of l_sh Street; Kirwin Avenue from the east line of Ninth Street to the crest line of Santa Fe Avenue; Clark Street from the south line of State Street to the north line of Walnut Street; and Ash Street from the east line of the i;iissouri Pacific Railroad right-of-vray to the east right-of-viay of U. S. Highway 81 bypass; together with such excavation and grading as may be necessary acid for the grading of each thereof to the established paving grade between the gutter lines of each thereof. -ie SJournal, 11'lII" EAS, each of said resolution were duly % published for six days in tialina i daily newspaper published in said city, and being the official city paper, and the riajority of the resident property ovrners ovrning a majority in square feet of the lots or real estate liable to taxation for the cost of said improveiaents 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, no protests of any kind having been filed; 110W THEREFORE BE IT ORDAriED by the Board. of CorLmissioners of the City of Sal-_na, Kansas: Section 1. That it is necessary and it is hereby ordered that Woodland Avenue from the vrest line of Santa Fe Avenue to the east line of Seventh Street in said city be graded to the established paving grade and paved between the guttering lines thereof. Section 2. Thst it is necessary and it is hereby ordered that Oakdale Avenue from the south line of Johnstovrn to the south line of Ash Street in said city be graded to the established paving grade and paved between the guttering lines t;iiereof- Section 3. That it is necessary and it is hereby ordered that Kirvrin Avenue from the east line of Tin th Street to the viest line of Santa Fe Avenue in said city be graded to the established paving grade and paved between the guttering lines thereof. Section 4. That it is necessary and it is hereby ordered that Clark Street from the south line of State Street to the north line of Walnut Street in said city be graded to the established paving ,rade and paved between the guttering lines thereof. Section 5. That it is necessary and it is hereby ordered that Ash Street from the east right-of-way of the 1,issuori Pacific Railroad to the east right-of-way of U- S - grade and paved H;ghma.y 81 by-pass in said city be graded to the established paving between the guttering lines thereof. Section 6. For the work and i::.provements herein provided for, the City Engineer Clerk on or before the 26th day of August, 1946, shall ma_ -e and file with the Cit,t complete plans and specifications for the paving and grading, vri.th excavation nec- essary therefor, of each of the streets or portions thereof described in Sections 1 to 5, both inclusive, of this ordinance, with the follovri.ng type of improvement.- The mprovement: The streets between the guttering lines and vrithin the limits hereinbefore defined shall be graded to the established paving grade and paved with rein- forced concrete six inches deep, and said Engineer shall on or before the same date, su"Mit to the Board of Commissioners under oath, detailed es tisnated of -the cost of such vrork for said improvements. i 1 1 1 1 1 Section 7. 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 Comriissioners may advertise by advertisements 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 ex- cavating and grading necessary for the'completion of such nrork, and after the re- ceipt of such proposals the said Board of Commissioners may and are hereby authorized to let contract 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 Comm ssioners, and for such excavating and grading. Said Board of Co..u-iss oners reserve the right to reject any and allbids. Section 8. 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 ilr,proved according to the appraisers, valuation thereof vdtho"It regard to the build- ings or improvements thereon for the distance to be improved. Section 9. After the passage and publication of this ordinance the Board of Commissioners shall appoint three disinterested appraisers, householders, ivho 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 improve- ments herein provided for, shall ti^rrithi.n five days after having been notified of heir appoIntrrent, proceed to appraise said lots and pieces of land liable to assess- ment and taxation as aforesaid, as may be designated by the Iloard of Con, issioners of said city, without regard to the buildings or improvements thereon and after making said appraisement shall return the sane to the Board of Cormissioners of said city and said Board of Coruzissloners shall designate a time and place for the hearing of any complaints that raay be made as to the value of any lotsor pieces of land appraised as aforesaid, of ti^,Thich due notice shall be given in the official city paper, at w,ich hearing the Board of Commissioners may alter any valuation of any lot or piece of land, if, in their opinion,'the same Baas been appraised too high or too low. Section 10. That for the purpose of paging the cost of the work and improve- ments in this ordinance provided for, the Board of Corzmissioners 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 improve.nents and to run for a period of ton years and be payable in ten equal installments, together with interest :not to exceed 5'o 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 i:zterest on said bonds as they se;:erally become due and payable, the 'Board of Corn:iss:ioners shall apportion and assess against the lots and pieces of land within the taxinF, district of such improvements special assessments covering the cost of such i.:provements and the apportionment herein contained shall hold ,,00d for all the installments that are to be f collected from the specific property chargeable with sn.id irprovements. Such assess- ment and apportionment ordinance shall contain the total amount of tax apportioned to each tract, piece and parcel of land wJithin 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 safe time other taxes are certified, certify to the County Clerk of Salina County, Kansas, a full list of all property liable for such .Tork 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 ear at the rate of not to exceed 5c 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 ira:proving 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 `jhere 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 11. This ordinance shall take effect and be Li force frorl and after its ?)u'::lication in the official city paper. Introduced, August 12, 1946 Passed, August 19, 1946 Lloyd W. Price dayor (seal) Attest: Chas. E. Banker City Clerk By Harold E. Peuerson, Deputy STATE OF KANSAS ) SS C011ITY OF SALIi'dE ) I, Chas. & Banker, City Clerk of the City of Salina, Kansas, do hereby certify '.:hat the above and foregoing is a true and correct copy of Ordinance No. 5173 passed and approved by the Board of Cori,iissioners of the City of Salina, Kansas, August 19, 1946; and a record of the vote on its final adoption is found on page Journal No. 16. City Clerk i i i i (Published in the Salina Journal Yl l9,f i' 0=711p.TCE 1710. 5173 I i' lJi ORDIIICE providing for -the grading and paving of ',,00c:land Avenue from the west line of Santa Fe avenue to -the east line of Seventh Street - for the grading and pav-._1g of Oakdale Avenue from the south line of Johns- tov.71 Avenue to the south line of 2ash Street; for the grading and pav _ng of iirrfin Avenue from the east line of 1intli Street to the crest line of Santa 1'e Avenue; for -tthe grading -:Lnd paving Of Clark Street from the south line of State Street -to -the north line of ,'alnut Street; for the grading and j oajr,- igof Dish Street frorn t-he east, line of the ':issour_ Pacific Railroad right-of-Z' ay to t:;c east ri­ht-of-way line of U. S. T.i hvmy 81 v-Past; and. } providing for tr:e cost thereof, and ho-,,-r the same shall be assessed, and the _narL er of payment thereof. T LP�sl a, by Resolutions _To. 901, 903, 90_d , 907 921, duly adopted on April 22, 1940 and June 17, 1946, respectively, the Board of Cor..mission- ers of the City of Salina, have declared that the-, deem it necessar-:- to grade; and pave each - ',ioodland ;,venue from -the fest line of Santa Fe Avenue -to the easi line of Seventh Street; Oakdale Avenue from the south lire of Jorinstovan 11-vel:_u0 to the soutiz line of l`.si Street; I'Ur,:rin livenue from the east line of Ninth Stteet to the vrest line of Sanaa I'e Avenue; ClarkStreet from the south' line of State Street to the norll-h line of T,'alrnzt Street; and 2.,,sl- Street froizz the east line of the l,:issouri Pacific Railroad Ri ht-of-TrraY to the east rightt Of-via Of U. S. 1;i£�''hwa ' 3y-Pass; to6ether vrit_7 suc'1 excava:tion and grading' ,T Highway Bl �,, P�,.s s ; �,� � as r-my be necessary and for the grading of each thereof to the established i paving grade bet-v.,een the c uttor lines of each thereof. i; each of said resolutions wore du'_y published for six days _in the Salina Journal, daily newspaper published in said city, ^nd beim. the + official ci,,r pa.oer, and the majority of the resident property owners o-MM ng a majora,;;- in square feet of the lots or real estate liable to taxation for i the cost of said iLlprovement-s did not vrithin twenty days from th.e date of t `ie last publica-'lion thereof file with the city clerk a sufficient protest in i>rritin11 against the making of said improvements, no protests of any kind I havi nrl been filed; j' Tlvi IIFO-L E, �{ BE IT ORDA jIlED by the Board. of Commissioners of the City of Salina, Kansas: i; f; SECTIOPd 1. That it is necedsary and it is hereby ordered -that 1 oodland Avenue from the wrest line of Santa Fe Avenue to the east line of Seventh Street in said city be graded to the established pavinm grade and paved be- tureen the buttering lines thereof. ` SECTION 2. That it is necessary and it is hereby ordered that Oakdale avenue from the south line of Johnsto�m to the south line of ash Street in said city be graded to the established _paving grade and paved between the f utterin` lir-es thereof. SECT'101'T 3. That it is necessary and it is hereby ordered that KirvTi_n i! avenue from the east line of 11in-th Street to the west line of Santa re Ave- nue in said city be graded to the established paving; rade and paved between the t-uttering lines thereof. SECTI011 4. That it is necessary and it is hereby ordered that Clark Street fro �. t:-�_e south line Of State Street tothe nortl: line of-,ainut Street in said city be graded to the established paving grade and paved between the _tterinV linos thereof. k SECTION 5. That it is necessary and it is hereby ordered t hat Ash Street from the east right-of-tirrair of the i':i ssouri Pacific Railroad to the east right-of-way of Ti. S. Highway 81 By -Pass in said cite be graded to the est,,blished paving grade and paved between the guttering; lines thereof. SECTION 6. For the work and improvements herein provided for, the City Engineer shall make and file veith the City Clerk on or before the 26th day of gust , 194', complete plans and specifications for the _ paving and g;radin_g, with excavation necessary therefor, of eac': of the streets or 11 thereof described in Sections 1 to,;6, bots, inclusive, Of this ordinance, with the follovdng type of improvement: The streets between the guttering lines and within the limits hereinbefore defined shall be graded to Vie established paving grade and paved with rein- forced concrete six inches deep, 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 said improvements. SECTION 7. 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 advertisements pub- lished in the of ficial city paper of the City of Salina, Kansas, for three consecutive days for the receipt of sealed proposals for the improving; of said streets vritIr the kind of material named and specified in the preceding; sections hereof, and for the excavating and grading necessary for the com- pletion of such work, and after the receipt of such proposals the 'said Board of ComrLiss'__oners may and are hereby authorized to let contracts for the :improving; of said streets with the material selected by them to the low- est responsible bidder or bidders therefor, as determined by said >oard. of Commissioners, and for much excavating and grading. Said Board of Commis- sioners 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 appraisersf valuation thereof without regard t o the buildings or improvements thereon for the distance to be improved. SECTION 9. After the passage and publication of this ordinance the Board of Commissioners shall appoint three disinterested appraisers, house- holders, v�ho after having taken an oath to make a true and impartial appraise- ment of all lots and nieces of land liable to assessrzent and t axation for the cost of the improvements herein provided for, shall iwn_thin 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 af-dresaid, as may be desig- nated. by the Board of Commissioners of said city, without regard to the b uild- ings or improvements thereon and after making said appraisement shall return the same to the Board of Commissioners of said city and said Board of Commis- sioners shall designate a time and place for the hearing of any complaints a 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 Jn the official city paper, at i 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 10. That fort he purpose of paying the cost of the work and improvements in tzis ordinance provided for, the Board of ComTLissionors are hereby authorized and directed to issue internal improvement bonds of the Citj, of Sal ina, in an amount not to exceed the contract price or cost of such improvements and Io run for a per .od. of ten. years and be payable in -ten equal installments, together v,ith interest not to exceed 5i,' per annum which bonds shall be made payable at the Fiscal Agency of the 'State of Kansas; and for the I t 1 purpose of payri_n;; principal and interest on said bonds as they severally be- come due and payable, the Board of Commissioners shall apportion and assess against the lots and pieces of land within the taxing district of such im- provements special assessments covering; the cost of such improvements arid t! the apportionment herein contained shall hold good for all the installments that are to be collected from the specific property chargeable -pith said im- provements. Such assessr:.ent and apportiornment ordinance shall contain the total amount of taxa apportioned to each tract piece and ' Pp parcel of land within the taxing district and s'nall state the number of annual installments i' in tie�hich 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 4 work: and improvements, together titiith the respective amounts due on each of j 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 I! 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 thep pug ose i! of defrayin the cost of improving the intersections and areas formed by the l crossing of streets and alleys, and for the grading of said street where the j same is provided for in this ordinance as ti^roll as where the improverment is throu;-h or adjacent to property of the city for which the citlr would be { liable, the assessment will be made against all taxable property of the city ,j and paid by the city at large. SECTION 11. This ordinance shall take effect and be in force from and after its publication in thte official city paper. (Seal) Attest: Introduced: August 12j , 194@ Fasse August 1_ 9 , 194 0 11Tayor