5184 Street ImprovementsORDINANCE NO. 5184
(Published in the Salina Journal (P = 1946)
AN ORDINANCE providing for the paving and grading of a certain north and south public
alley between Santa Fe Avenue and Fifth Street from the south line of Iron Avenue
to the north line of Walnut Street and for the paving and grading of a certain
north and south public alley between Santa Fe Avenue and Fifth Street from the
north line of Ash Street; thence north to the south line of a certain east and
west public alley connecting said Santa Fe Avenue and Fifth Street; and for the
paving and grading of a certain north and south public alley bet-nreen Fourth Street
and Fifth Street from the north line of Walnut Street to the south line of Iron
Avenue, and providing for the cost thereof, how the cost thereof shall be assessed
and the manner of the payment thereof.
WHEREAS, by Resolution No. 936, duly adopted on July 29, 1946, by the Board of Com-
missioners of the City of Salina, which deemed it necessary to pave a certain north and
south public alley between Santa Fe Avenue and Fifth Street from the south line of Iron
Avenue to the north line of Walnut Street, together with such excavation and grading as
may be necessary therefor; and
WHEREAS, by Resolution No. 937, duly adopted July 29, 1946, the Board of Commissioners
of the City of Salina have deemed it necessary to pave a certain north and south public
alley between Santa Fe Avenue and Fifth Street from the north line of Ash Street, thence
north to the south line of a certain east and west public alley connecting Santa Fe Avenue
and Fifth Street, together with such excavation and grading as may be necessary therefor;
and
WHEREAS, by Resolution No. 938, duly adopted July 29, 1946, the Board of Commissioners of
the City of Salina have deemed it necessary to pave a certain north and south public alley
between Fourth Street and Fifth Street, from the north line of Walnut Street, thence north
to the south line of Iron Avenue, 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, adaily
newspaper published in said city and being the official city paper, and the majority of
the resident property o=ers owing a majority in s -uare 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,
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:
Section 1. chat it is necessary and it is hereby ordered that a certain north
and south public alley between Santa Fe Avenue and Fifth Street from the south line of
Iron Avenue, thence south to the north line of Walnut 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 Santa Fe Avenue and Fifth Street from the north line
of Ash Street, thence north to the south line of a certain east and west public alley
connecting said Santa Fe Avenue and Fifth Street, be paved and that said alley within
such limits be excavated and graded to such an extent as may be necessary for the com-
pletion of such work.
Section 3. That it is necessary and it is hereby ordered that a certain north
and south public alley between Fourth Street and Fifth Street from the north line of
Walnut Street, thence north to the south line of Iron Avenue, 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 such work.
Section 4. That for the work and improvements heretofore provided for, the
City Engineer will make and file with the City Clerk on or before the 16th day of
I
September 1946, complete plans and specifications for the paving of certain public
alleys described in the preceding sections of this ordinance, and for such excava-
tion and grading as may be necessary therefor, and shall, on or before the same
J
date, submit to the Board of Commissioners of Salina, Kansas,under oath, detailed
estimates of the cost of such work for such improvement.
Section 5. That after such plans and specifications shall have been made
and prepared by the City &gineer 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 Saliiza, Kansas, for three consecutive days for the receipt
of sealed proposals for the improving oz' 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 co-pletion of such work; and after the receipt of
each proposals the said Board of Commissioners may and are hereby authorized to let
contracts for the improving of said public alleys with the materail selected by
them to the lowest responsible bidder or bidders therefor, as determined by said
i
Board of Commissioners, and for such excavating and grading. Said Board of Coin -
mis simers, anA reserve the right to reject any and allbids.
i
Section 6. That for the improving of the above nemtioned public alleys,
r
special assessments shall be made for the full costs thereof according to law,
on all lots and pieces of land to the centerof the block on either side of the
said public alleys 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 7. 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 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 aforesaid, as may be designated by the 4'oard of Com-
missioners of said city, without regard to the buildings or improvements thereon;
and, after making said appraisement, shall return the same to the Board of Com-
missioners 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 8. 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 conttact price or cost of such improvements and to run for a period of
ten (10) years and be payable in ten (10) equal installments, together with interest
not to exceed 5% per centum 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 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 ihclude the annual install-
ments and interest on all unpaid balances for one year atthe rate of not to exceed
5% 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 im-
proving the intersections and areas formed by the crossing of streets laud alleys,
and for the grading of saidpublic alleys where the same is provided for in the
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 willbe made against all taxable
property of the city and paid by the city at large.
$eetion 9. This ordinance shall take effect and be in force from and after its
publication once in the official city paper.
Introduced, August 26, 1946
Passed, September 39 1946
Lloyd W. Price
Mayor
Attests Chas. E. Banker
City Clerk
Harold E. Peterson, Deputy
STATE OF KANSAS
) SS
COUNTY OF SALINE
Is Chas. E. Banker, City Clerk of the City of Salina, rIansas, do hereby
certify that the above and foregoing is a true and correct copy of Ordinance No.
5184 passed and approved by the Board of Commissioners of the City of Salina
September 3, 1946; and a vote on its final adoption is found on page Journal
No, 169
City M:erTc
1
-,.
tr.lzs"t
._ ,
uol:�_s'ned
lr.
the .�a.__lna Jcurna.l
oj7D ,I,? NO. 5184
Arid ORDI?dAIiCE orovidi.nU for t'nc i)avi;: ,- and. ;_;radin€; of a certain north.
a:1d. SoutI'1 u.011c alle % 'Oetween : arte. 'e Avenue and rifth Street rom the
south line of Iron Avenue to the north line of ',�alnut �tree"t a �d for the
caiYie.
.: n��z gr��c.ln; Of a Cert
'Galn n01"'t11 and SOL?th Y?Ub11C alley bet-�Jeen SOnj:a
1''e .venue and "'lfth Street from t' -e ,:,or-ttl Ii -no Of ii li Street, t'Lence north
:o t='' e south. line of a certain cD.s'.; a d 1'ie s'; i- u'J1'.c al1e-% con J,,eci _ng sai d
Uani,a i e-�VOTll;e and F .fth Street; a_nd for t':le--av-_1.ng and �radin,� Of a cer-
tai"r. nort'-L and south nuublic alley betl-jeen Fourth Street and .l.'i_fth Street
f'rc:TL the nortlj. line of 'jalnut Street tc t he sou -t11 line of iron 17'ronue, and
providin; for the cost thereof, 111mv the cost thereof s'lall be assessed and
-i,' e manner of tl e oa went thereo.',
EREAS, lies ui .Cn 936, aaljr ado-1GGd On Jll-' 29, u, 'Jy the
30a.rd Of Co-anissloners of the City of Salina, i,+J.ch dee'--Ied It 'lecessar'
-'(-,oL-)avc a Certain north and south OUb
Olic alley et"Teen �-:Tanta -_;e �ivenu^v and
Fifth Street froi.2 "tile south. lire of iron Avenue to tl,e Fort'] Eine of
a�1:7zt Stree"L, togec..,er -; t_ such excavation and ,rading as nao, be neces-
sary therefor; and
.. , ICY Resolution c 3'7, dolt adopted July 29, 1946, t'1e Board
Of U07!7115S1CnerS Of ti'e alt Of gall;1--V118 re deemed It YLeCeSSai'y t0 pave a
certain nortli ant sout': public alley bet,;een Sanca Fe _`.vanae a_ d Fif'th��
tr iet from the nortL line of -ah Street, ,',once nortli to �.`,,e south line
n
of a. certain east and west public alley connect -in- aanta Fe Avenue and
Fifth Street, tomether vrith such excavation and grading as ma -r be neces-
sar,,- therefor, and
riL_wAS, by i',esolution 935, duly adopted July <,`9, 1946, '.-,he Board
of Comnissicners of the Jit,;r of Salina 'have deemed .it necessa r; to pave
a certain north and south public alley, between Fourth Street and Fifth
Street, from the north line of Walnut Street, thence north -to the south
line of Iron Avenue, together with such excavation and grading as may b e
necessary therefor; and
VMT',!TEAS, said resolutions .here duly published for six days in the
Salina Journal, a daily newspaper publi shed in said city and beinS- -the
official city paper, anal the majority of the resident propert% ol,,.rners ov,al-
ing a majority in square feet of ti -le lots or real estate liable to taxa-
tion for t'.:,e costs of said improve;nents d -Id. not, vd'Lhin twent r days from
the date of the last publication thereof, file -vrdth the City Clerk a suffi-
cient protest in writing against the makin; of such improvements, and no
protest of any kind having been filed;
a -G. 711 -,
u7, ihLl��;FZ.l;:
Tl Il' ORD.!:. -;-KED BY the Board of Connnissioners of the City of Salina,
Kansas:
SECTIOiT 1. That it. is necessar,r and it is hereb-r ordered that a
certain norU and south. 1Jubli.c alley bettireen Sa _ta Fe Ilvenue and Fifth
1tr"et from the south line os' Iron 1's -venue, thence south to the �ort:n line
alnW,5 Street, be paved and that said alle jr ,°.2'.-hin such limi'ls be ex-
CaJa ed and -raided to suo,-. e.CGeilt as _:12.T% be _iecessar-% for the com')Ie-
_.on of said A- rork.
'C'I`_ 2. '!hat it is necessary and it is 1joreb7r orie--ec"IL Ghat a c e r -
tain north and south. -,-,)ul)lic alley beti,-,ieen Santa "o Avenae and Afth l3treet
-Lro-r,q the north-_ Eine of As'n Street, -thence north. -1 c;o the souti-, line oP a. cer-
tain east and Test public alley connec',in� Said Gan" --a Fe Avenuo and
Street, be !)aved and -that saifl
IL,141 s be excavated and
traded f) such an ex tent as 7 be llecos.str:. -L"or -the co Dle-15ion of such-,,,rork.
j,
3. Tha 1t is -,I - rlY ac; d `it i s hereb-17 ordered that- 9. cer-
-cessq
tain -public ally beti,.reen FoiirtH Street and 4 th
_L f Street
fromt, 3 o ' north line ol' q-alijut Street, thence nor-Uli tso, -
AnO-
vee,be -oaved and -'-"-,at 0- 11 '"1 _j4_'.t line of Tron
a 4 '-d allay vTithin Such limits be excavated and
graded to such fin etoi.-it as
be necessar-,7 for -the comnletion of such vorh.
SEICTION 4. That for 'I -"e irforl: and im-provoments !_,. 0 -_Aer tfor, provided for,
I
the City En,,ine,er v7ill riuqko a. -d 4'i '71 _'I I
-1.0 -- 1 t o `,it7- Cleric, on or -before the
AAr C=lete �pl,,-.lis and r,-,peci-Pications -,or
M-3
o- certtF*t_n public alleys described In the -,preceding sections of
t1ais ord�_nance, and for such excavation anc, 7-radij,ic as ma -be -i.ecessar,,
t'-orefor and on or before the same date, Submit to t'"_2_,
ie ot_�,rd of Com-
missioners
missioners of Sa- Ana, ;�ansas, under oath, detailed estimates of the cost of
such i,-forkc for such improvement.
S:,CT101T 5. That after such -plans- and specifications shall have been
rie
_de and by the Citi En-ineor and filed -,,,d'-h the, Cil -.,4r Clerl as afore-
said the 3oard of Commissioners raIr adverti:�o by advertisement published in
the oM.cial (,it-- paper af "-,he City o -P Salina, Kansas, for three consecutive
days for the receipt o -f sealed -proposals for the improvin- of Said :-)Ublic
- n u _L�
Ti`1 kind of �-Liatcrial -naned and Specified L soG-
ons al -or -�,ho excavaGin�and gradin" necessar-r Por the CO ti
Of
15he receipt of su.c3 pard o Cor
after 'pro po 3 als, the said i d m -
mi S s, f J
:-0-1-lers ma711 'and are hereb7,, authorized to let contracts 'or -(.-I-)e 2.-mnrovi-ic,
o"
C1 PdL)
_-c alleys -C.-ith. the material selected by to the loiies,'5 ro-
s,ponsible bidder or bidders the -re -Por, as dotennnizied bI1_ said Board o' Oorimis-
oioners, and 4'or SUCH excava;An;r ea, -)d Gradin;. Said 1',`oard of Coix-aissioners
reserve the rig1iL to reject any aid all bids.
S111�C','I,,,,T_,T 6. That for the im-provin'r,; of the above mentioned ?,;Colic alleys,
spec'.a1. assessments Costs
shall be made L or the .full uheroL- accordinc to lave,
J-0 -he center of file block on eit--her side o-'
11 lots and -oieces 0j. la,'A
on a d 11
t.be said public alleys to be improved, according to the ayT)raisersl valuation
thereof, without regard to V-te buildinrs or J.,in-proverents ther:,,on for the dis-
tance to be imrroved.
SECTION 7. _1_J't0,r t1-9 passalo,e and -L)u-.)licatior of ;.lMs ordinal-.Lce, -"--ie
Board Of
oi-rii,dssioners shall anpoi-TV115 t!'..ree d4 si,_atorosil-ad ap-oraioers, 'aouse-
!�olders, i,,Tbo aft-Ltr talren an oa&G',; to a true and !-il an -
D
ra.iser o
ier all lots and pieces oi` land liable to assess-dentandtaX,9.ti0?-! ft
L'or the, cost- O:C Mhe im'Jroveyrient herr,,i_n ji-ovided for shall, five days
after havin, bo en notified oL their appointnen,:;, -oroceed to al i-1.
I- _ _�ra, se sai
lots and -rleces of land liable to ,?.ssessnier_'G and, ta:ca`G_Joi-i ras afor-said, as
_j
be _e. e 6. b y "the 3oard Of C orrrrCli ss o 1 i e r s o s a J_ 11.,Ti_Th.oi-,_ re,-ard
or 7_m,ro*ve-inelts ie onRftor s a.
-,font
sl
%o and Of "'o-, ial'i ro-,".irr o s t" t
OarCh 'Jo,,-iiss7Onr�rs sl -,all d e s in q.'G a a -!6-J0ae ),nd_ nlace
COMi)lai-rits that 3na," Ic i-jl,,Ilde as, TO val�le of 'all, 10 S 01 cc(ls of
!and anor79.ised a.,; aforesaid,, of due notice shall be r-Lven in off'_
Ci
city paper, at �v,-hiclh he�,x� �rk�� �'ro o.(' ConLmiss'.c.,ners ma-, a. lie_ �_Tj-,T
lot or icce 01� lanc" i'_', il _eil onAll-L 0-11, 0, S �U,�e a
valiiv�' I ori O{ anI/ A
benRrOl -;ed too hi:,;n or `00
'-i
,rnjCj n• rM_S4- o
tio -�")u r -0 o s e 0 na
fol "To rk _:rl(!
_rd
ovied -Por, I. -he IL oa.r' of Com,'1ssJ1_n.
0ers Rill
"'IT
he 2'e P3 ri bc))ds oi' ne
eC� al -_d a roc c d to issue intern,�! i-10rov�.'-1-,1
C11-- 1I alp to exceed tlie contrac(-, �Jrice, or cos'- of SUCC
Dv,�,wo�y�_C: 9-nd 1-:0 r -an "or a eriod -ars be `a -Table in
iM_011 -,- - _ - - I ye &ko)
eaw)_1 i - 9� -1 �-)er .�entum
it -11 `1_n�,O_rest- not to 'e" I
e 7, 0
por anniluln, T,Vh1C1 . T)or,ds Shall be -1qRj,O parable rable at the 1
State of KansRs; and for tj'.,P, purpose of " payino, prinC7_Jal
s,,,.ic': bonds as theV severally and, interest- T on
y become. due and -(Dayable, 'UTle Board of Coitids-
S4 C,7e lots
-Loners shall apportion and assess against and -pieces of la -,j*
,.�.)ithin the tax-inc., district, of suc'n 5.2,nnroverients, spoc-',aj -_ssess2-qennt s cover-
irg the cost of such ln-orovemenLs, and the wpportioj-Lneirit r ej n -- -, - n, d
si-lall 'hold -rood for all 'L,} -,c installaney-l'u-s that are to be collected ro-cn t71e
specific property c%ar-7eable said L.rrDrove,,nents. Suc'n assessiionL ancl
---ortionr;1el U ordinance shall contain t'r)e total �-,j-ciovnt of ta= "GO_Y11) - n
eacl-. -Ure.cL, -oiece a-r,l -oaroe! of lend vTi tllir, Ehe
district and shall
s tace `Uhe number of antro -al installme_�ts in ivhic7n, such ta-!c is to be collected;
an�,, t.1-orea-fterCit< 1C -1'l`- SIMI! Pt
ce-tifled, certify �in -t;--.e t-ourty Clerk. of' �`ftline Colmnt-v T", - las a ftill
list of all nro-nerty liable for size'-, vrorl-_ and irmrovenen-!,-;i, the
res :ectiv-- :�jaounl-_s due on eac'-, said tracts, )Iocell 1 nl�irce15S 041 1,l.,1(j,
a-, lou-rl
_T - s shall include t,ie annu.q.l install:Sien(-,s and il_-,A-eresL on a!! un -
balancer, 1'or On at the rate -)-I' no'` -o exceed 9W -oer cent -,)er
U /0
shtall be colle7FT7.3 other taxes
on sucn so cert
a,re
collected; F� -1*7PD , Lha:-,. for tine -our'7ose oP defra,dnT,- the cost of im-
-orovi_nr; '-ho intersectio -os an:�, areas 'c.rmed b -,r t10e c-rossin,7 of street,,,, and
alLle'TS, and for the ()-radinc- o-' sald i_)Ubllc al
w,',ere t' e say.ie is ,rovided
for in
`ne ordinp-nce as vrell as ,,There t- 11 e lln- -,rovoMe:at is throuf_-,1-1 or adjacent
2-n e
�,o pro-Perty oPt'he city for wl-j.J.ch -L UICity ould be liable the assessment
Will be made a-ainst all taxable property of '6111,e city P_,:nd -oo, i d by L- he cit;;,,
at large.
SECTION 9. This ord_*1,-.-iar.c,,- ST -la -71 `Lal"O eflCoctl and be in force from and
after ins once in the official city paper*
citv Clerk
Introduced: August., 26j, 1946.
Passed: Zeptember 3, 1946.
r—
;A-uor
'A