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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