5217 Street ImprovementsORDINANCE 140. 5217
(Published in the Salina Journal 1947)
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AN ORDINANCE providing for the grading and paving of Chicago Street from the
south line of State Street to the north line of Walnut Street; for the
grading and paving of Ohio Street from the south line of Iron Avenue to
? the north line of Gypsum Avenue; for the grading and paving of North
Street from the east line of Fourth Street to the east 'Lire of Arthur
Street; for the grading and paving of Lincoln Avenue from, the east line
of Tenth Street to the west line of Ninth Street; for t]ze grading and
paving of Eighth Street from the south 1.1ne of Woodland Avenue to the
! south line of Pacific Avenue; for the grading and paving of Republic
Avenue from the east line of Third Street to the east line of Osborne
Street; and providing for the payment of the cost thereof, and :ow the
cost thereof shall be assessed, and the manner of the payment thereof.
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vvHEREAS, by Resolutions No. 935, 939, 940, 948, 949 and 969, duly adopted
July 29, 1946, August 5, 1946, August 5, 1946, September 23, 1946, September
23, 1946, and Yarch 27, 1947, respectively, the Board of Commissioners of the
i City of Salina, have declared that they deem it necessary to g rade and pave
each - Chicago Street from the south line of State Street to the north line
of 'Walnut Street; Ohio Street from the south line of Iron Avenue to the north
line of Gypsum Avenue; North Street from the east line of Fourth Street to the
east line of Arthur Street; Lincoln Avenue from the east line of Tenth Street
to the west line of Ninth Street; Eighth Street from the south line of % od-
! land Avenue to the south line of Pacific Avenue; Republic Avenue from the east
jline of Third Street to the east line of Osborne Street; together with such ex-
cavation and grading; as may be necessary and for the grading of each thereof to
the established paving grade between the F -utter lines of each thereof.
i ! FHEREAS, 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
i paper, and the majority of the resident property owners owning a majority in
square feet of the lots or real estate liable to taxation `'or the cost of said
i improvements did not within twenty days from the date of the last publication
i
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;
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i 03 'THEREFORE,
BE IT ORD.AIIIED by the uoard of Commissioners of the City of Salina, Kansas:
Section 1. That it is necessary and it is hereb.; ordered that Chicago
Street from the south line of State Street to the north line of 1,alnut Street
in said city be graded to the established paving grade and paved between the
guttering lines thereof.
Section 2. That it is necessary and it is hereby ordered that Ohio
Street from the south line of Iron Avenue to tae north line of Gypsum Avenue
in said city be graded to the established paving grade and paved between the
guttering lines thereof.
Section 3. That it is necessary and it is hereby ordered that North
Street from the east line of Fourth Street to the east line of Arthur Street
in said city be graded to the established paving grade and paved between the
1F -uttering lines thereof.
Section 4. That it is nece.:sary and it is hereby ordered that Lincoln
Avenue from the east line of Tenth Street to the west line of Ninth Street in
said city be ;Traded to the established paving grade and paved between the
Guttering- lines thereof.
Section 5. That it is necessary and it is hereby ordered that Eighth
Street from the south line of +woodland Avenue to the south line of Pacific
Avenue in said city be graded to the est-,blished paving grade and paved be-
tween the guttering lines thereof.
Section 6. That it is necessary and it is hereby ordered that Republic
Avenue from the east line of Third Street to the east line of Osborne Street
in said city be graded to the established paving grade and paved between the
guttering lines thereof.
Section 7. For the work and improvements herein provided for, the City
Engineer shall make and file with the City Clerk on or before the 9th of June,
1947, complete plans and specifications for the paving and grading, with excava-
tion necessary therefor, of each. of the streets or portions thereof described
in Sections 1 to 6, both inclusive, of this ordinance, with the following type
of improvement:
The streets between the guttering lines and within
the limits hereinbefore defined shall be graded to
the established paving grade and paved with reinforced
concrete six inches deep,
and said Engineer shall on or before the same date, submit to the 3oard of
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Commissioners, under oath, detailed estimates of the cost of such work for said
improvements.
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Section 8. 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 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
necessary for the completion of such work, and after the receipt of such proposals
the said Board of Corxiiissioners may and are irereb.y authorized to let contr,Acts for
the improving of said streets with the material selected by them to the lowest re-
sponsible bidder or bidders therefor, as determined by said Board of Corrunissioners,
and for such excavating and grading. Said Board of Colurnissioners reserve the right
to reject any and all bids.
f
i Section S. That for the improving of the above mentioned streets such assess-
nents 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 im-
provements thereon for the distance to be improved.
Section 10. After the passage and publication of this ordinance the Board of
i 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 havin- 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 1�omrrnissione:Ls of said city, with-
out regard to the buildings or improvements thereon and after making said appraise-
sment shall return the same to the Board of Corunissioners of said city and said Board
of Co,,uniss'oners shall designate a tilre 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
9 Doard of Commissioners may alter any valuatio,i of any lot or piece of land, if, in
t:neir opinion, the same has been appraised too high or too low.
2 Section 11. That for the purpose of paying the cost of the work and improve-
ments in this ordinance provided for, theboard of Commissi6ners are hereby authorized
and directed to issue internal improvement bonds of the City of 'alina 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 e quil installments, together with interest not to exceed
5% per annum which bonds shall )e 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 here-
in contained shall hold good for all the installments that are to be collected from
the specific property chargeable with said improvements. Such assessment and apportion-
ment ordinance small 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 in-
stallments 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 include the annual installments and interest on all un-
paid balances for one year at the rate of not toexceed 5io per annum, on such amounts
so certified which shall be collected as other taxes are collected; ?ROVIDED, that for
the purpose of defraying the cost of improving the intersections and area 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 where the improvement is through or ad-
jacent to property of the city for which the cite wou_d be liable, the assessment grill
be made against all taxable property of the city and -,aid by the city at large.
Section 12. This ordinance shall take effect and be in force from and after
its publication in the official city paper.
Introduced, hay 12, 1947
Passed, May 19, 1947
Al Noyce
Yayo r
Attest: Chas. E. Banker
City Clerk
STATE OF KANSAS )
SS
COJJNTY OF SALINE )
t
I, Chas. E. Banker, City Clerk of the City of Salina, i�ansas, do hereby
certify that the above and foregoing is a true and correct copy of Ordinance
No. 5217 passed and approved by the Board of Coliunissioners of the City of
Salina IdIay 19, 1947; and a record of the vote on its final adoption is found
on page Journal No. 17.
City Clerk
Is
(i'iibl ished ir, -the Salina Journal
ORDI:,TAX, CE IX, 521'� -
19471)
Aid u: DI .?idCF. providing for t, --e grading and paving of C'aicago Street from
Vie south line of State Street to the North line of Walnut Street;
or the grading and paving of Ohio Street from the south line of
Iron iivenue to the north 11.ne of Gypsum Avenue; for the rad.irL and
P',',Vl pof T'or'ch _Street from, the east 1-1.ne of Fourth Street to the
east line of Arthur Street; for tie gradin` and pavin6 of Lincoln
Avenue from the east 1:1r,e of Tenth Street to the i^:est lire of Tinth
Street; for the grading and Laving of Eig_.th Street 'roe: the south
lire of .1°oodlandAvenue to the south line of Pacific Avenue; for
the grading; and paving of Republic Avenue from the east lire of
Third Street to the east line of Osbonne Street; and ;providing for
t .e payment of the cost thereof, and iiow the cost thereof shall be
assessed, a nd the manner of the payment thereof.
??FREAS, by Resolutions Yo. 9.35, _239;_ 910, b4b,- 949 and 90904 duly Adopted
duly 29,- 194,6, August 59 1 46, August 5, 1S46, September 23, 1946, September
23,---1-946--ani A-krch 27 1947, respectively, the oard of Co:;rrissioners of the
City of Salina, have declared that they deem it needssary to grade and pave
each - Chicag-o Street from the south line of State Street to the north l"tne
of 7alnut Street; Chio Street from the south line of Iron Avenue to the
north l i me of Gypsum Avenue; North Street from the east 1 ir.e of r'o•irth Street
to the east line of Arthur Street; Lincoln Avenue f ror,; t'le east 1-,::,e of Tenth
Street to the S7fest line of XJiith Street; ,i hth Street; from t -re 01)1.-t- line
of 'O�oodland Avenue to the south lire of Pacific Avenue; Republic A-renue from
the east line of T'.rird Street to the east line of Os :orae -Street; r.ope`t her
,,-rite such exca a.tl,:n and ;I'adin" as may be necessary and for the :;ding of
each t)ereof to the established pavin tirAde between t.,,e -:utter 1`. es c" each
,;hereof.
r_RFAS, each o' said resol..:tions sere duly x:u l shed for siv
x '.as in the
Sali ,a Journal, daily ne;^.spaper published in said city, and heir,-: :ne official
city paper, and the majority of the resident property- o,.•aners oi%min;,, a majority
ir: s:,uare feet- of the lots or real estate liable to ta:!caticn for t''le cost of
said improvements did not within turenty days from the date: of the to :t >ublica-
tion thereof File .vith the city clerk a.. sufficient protest in writing; against;
the snaking of said improverr_ents, no protests of any 'Kinn, hr,,vin - been filed;
,.0',V `_ J�1' E'�'ORE,
BE __ �. ii;:ED by the ioard of Commissicners of the City of �1inaYu,rsas.
Section 1. That it is necessary and it is hereb.r ordered ths.t C-ricago
Street Prorn ti --e so.zth line of State Street to the -forth line of 'a--alnut Street
in ,aid city be-t'aded to the est .blished pavin,, trade and :,•-�.ved between the
s-ut:.,eri.r. - lines thereof. y
Section 2. That it is necessary a_,d it is hereby ordered. that. Ohio
Street from t i -.e south line of iron avenue to t';ie :iorth l i.r,e of Gypsum Aver;ue
in paid city be graded to the established pavinc.; grade and Waved be' -ween the
Tutterint- lines thereof.
Section 3. That it is necessary and it is herel_y ordered that North
Street From the east line of Fourth Street to the east lire of Arthur Street
in said city be c-raded to the est°-blished ps;vin` grade and paved between the
gutterirg lines thereof.
Section 4. That it is recessfa.ry and it is hereby ordered that Lincoln
Avenue from the east line of Tent# Street to the sees-; 1"ire of Ninth Street
in said ci be ;traded to the established pavin; rade and p%3,ved, between the
cut:.ering lies thereof.
See t10n v. That it is necessary and it is hereb,,- ordered that
Eighth Street from the south line of V'ioodland Avenue to the south line
of Pacific Avenue in said city be graded to the stablished .)avins Parade
and paved between the gut-,:erirg lines thereof.
Section 6. That it is necessary and it is hereby ordered Haat
Repo lac Av�nse from the east line of Third Street to ti -ie east 1L -ie of
Osborne Street in said city be graded to the estal)lished :_grin,; grade
and raved between the utterirE lines thereof.
Sectit�n 7. For the work and hercir provided fo,, the
City Engineer sha make and file wlith the City Clerk on or before the
ray of 1944b coir:plete plans and specifications
for the ravir r a d grader „•Trrith excaw.tion necessary therefor, o' eac 1 of
the streets or portions thereof described in Sections 1 to/t), both inclusive,
of this crdinance, flit?z the following tyre of iir.proverrlent:
The streets between the yutterins- lines and idthiri the limits
hereinbefore defined shall be graded to the established paving
grade and oared with reinforced concrete six inches deep,
and said En7ineer shall on cr before the ame date, submit to the !Board of
Co.r,:niss: ners, under oath, detailed estimates of the cost of such ;"rork for
said improvements.
Section 3. That after such plans and specificat-ions shall have been
made a d rnp<r.�ed by the City En`:ineer and filed with the City Clerk as
aforesaid, the Board of Coranissicners may advertise by advertisei:tents pub-
lished in t< -ie official city paper of the City of Salina, Kansas, f'cr three
co- secutive darts for the receipt of sealed proposals for the i.rr_provin- of
said streets with the kind of material named and specified in the preceding
sections hereof, and for the excavating and gtading necessary for the co!-
, tion of such vrork, and after the receipt of such propos-als the said
Board of Conunissicners may and are !ereby autilorized to let contracts for
the improving of said streets with the material selected by them to the lova-
est responsible bidder or bidders therefor, as determined b-, said %ard of
Corr,lnissioners, and for such excavating and r,rading. _,aid Board of Co.cxijs-
sioners reserve the right to reject any and all bids.
Section 9. That for the improvin^ of the above mentioned streets
such assessments shall be made for the full costs thereof according to law,
on all lots and nieces of land to tree center of tine block on either side of
the streets to be improved according to the appraisers' valuation thereof
without regard to t -ie bu'_ldings or improvements thereon for the distance to
be improved..
Section 10. After the pass-:, -e and -publication of this ordinance the
Board of Corr�lissioners shall appoint three disinterested :!ppraisers, rio ,se -
holders, who after havin;m taken an oath to make a true and ir:parti..al appraise-
ment cf all lots and pieces of land. fable to assessi:ent and taxation for the
cost of t,e i_provements herein provided for, shall within five days after
raving 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 Cormiissioners of said city, without regard to the
uildings or improvements thereon and after making said appraiserlent shall
return the same to the Board of Cor•.rn; ssioners of said oity and said hoard of
Con-nmissioners shall designate a time and place for the hearing of any com-
plaints that may be made as to the value of any lots or pieces of Nand appraised
as aforesaid, of v,;hich due notice shall be riven in this official city paper,
at °rhich hearing the Board of Coirmissioners may alter any valuation or any lot
or piece of land, if, in their opinion, the salve has been ap,,,raised too high
or too low.
Section 11. That for the purpose of paying tr!e cost of the work and
improvements in this ordinance provided for, the Board of Conuaissioners 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
installir,ents, together with interest not to exceed 5/%" per annum which 'ponds
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 severt+lly
beec.,,e due and payable, the Board of Commissioners shall apportion and
assess against the lots and nieces of land within the taxing district of
such improverments special assessments covering the cost of such improvements
and the apportionment herein contained shall hold P•ood for all the install-
raents that are to be collected front the specific pro?Derty chargeable with
said ir.provements. Such assessment and apportionment ordinance shall contain
the total amount of tax apportioned to each tract, piece and parcel of land
,ri.th.in the taxin�� district and shall state the number of annual ins -,-.aliments
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 Sal i r.e County, Kansas, a full list of all property liable for such
vac-rk and improvements, together with the respective ariounts due on each of
said tracts, nieces and r);-arcels of land, which amounts shall include the
annual installments and interest on all unpaid balances for one Deur at the
rate of not to exceed 5'O per annum, on such ai.ounts so certified .:nIch shall.
be collected as other taxes are collected; P O','IDFD, tna_t for tie pnnpose
of defraying the cost of impro,,ing the intersections and area .formed by the
crossing of streets an'd alleys, and `'or the-ra.din,- of sa d street -s: ere the
saa,;e is provided for in l is ordinance as ,�rell as til sere the i -prove cent is
trough or adjacent to property of t.ie city for Iilcr t!,e city r;ou:d be
liable, ti. assessment erill .;e made aVainst all taxable pronert-,y of the city
and paid by the city at; large.
Section 12, This ordinance sh�.11 take effect and be in force from
and of ter 'its nublica.tio in the official city paper.
Introduced, I 1:.,..1947
Passed,
Attest: �vii�vL
City C1er