5218 Street ImprovementsORDINANCE NO. 5218
(Published in the Salina Journal � 1-2-2, 1947).
AN ORD Il\IANCE providing for the curbing, gut tering, paving and grading of i'acific
Avenue from the west line of Tenth Street to a line 70 feet west of the west
line of Ninth Street; and for the curbing., guttering, paving and grading of
Ellsworth. Avenue from the west line of Osborne Street to 260 feet east of the
east line of Osborne Street; and the paving and grading of Ellsworth Avenue
from the west line of Fourth Street to the west line of Osborne Street; and
the curbing, guttering, paving and grading of Minneapolis Avenue from the
west line of Osborne Street to 125 feet east of the east line of Osborne Street;
and the curbing, guttering, paving and grading of Osborne Street from the south
line of Rep:blic Avenue to the south line of the city limits; and the curbing,
guttering, paving and grading of Seventh Strut from the south line of Pacific
Avenue to the south line of Noodland Avenue; and providing for the payment of
the cost thereof, how the same shall be assessed and the manner of the payment
thereof.
'.'VHSREAS, by Resolutions No. 950, 965, 967, 968 and 976, duly adopted on September
23, 1946, March 17, 1947, Larch 17, 1947, March 17, 1947 and March 31, 1947,
respectively, the board of Commissioners of the City of Salina, Kansas, have
declared that they deem it necessary to curb, gutter, pave and grade each -
Pacific Avenue from the west line of Tenth Street to a line 70 feet west of the
west line of Ninth Street; Ellsworth Avenue from the west line of Osborne Street
to 260 feet east of the east line of Osborne Street; Minneapolis Avenue from the
west line of Osborne Street to 125 feet east of the east line of Osborne Street;
Osborne Street from the south line of Republic Avenue to the south line of the
city limits; Seventh Street from the south line of Pacific Avenue to the south
line of 'Noodland Avenue; and that said commission have declared that they deem
it necessary to pave and grade Ellsworth Avenue from the west line of Fourth Street
to the west line of Osborne Street; all together with such excavation and grading
as may be necessary and for the grading of each thereof to the established paving
grade between the gutter lines of each thereof.
,I-TEREAS, each of said resolutions were published for six days in the Salina J",urnal,
a daily newspaper published in said city, and being the official city paper, and
the majority of the resident property ownerw owning a majority in square feet of
the lots or real estate liable to taxation for the cost of said improvement 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 malting of said improvements, no
protests of any kind having been filed,
NONV '1HEREFO�E,
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 Pacific Avenue
from the west line of Tenth Street to a point 70 feet west of the west line of
Ninth Street in said city be curbed and guttered, with excavation necessary therefor,
and 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 Ellsworth Avenue
From the west line of Osborne Street to 260 feet east of the east line of Osborne
Street in said city be curbed and guttered, with excavation necessary therefor,
and 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 Minneapolis
Avenue from the west line of Osborne Street to 125 feet east of the east line of
Osborne Stfeet in said city be curbed and guttered, with excavation necessary there-
for, and graded to the established paving grade and paved between the guttering
lines thereof.
Section 4. That it is necessary and it is hereb7r ordered that Osborne Street
from the south line of Republic Avenue to the south line of the city limits in
said city be curbed and guttered, with excavation necessary therefor, and graded
to the established paving grade and paved between the guttering lines thereof.
Section 5. That it is necessary and it is hereby ordered that Seventh Street
from the south line of Pacific Avenue to the south line of Woodland Avenue in said
city be curbed and guttered, with excavation necessary therefor, and graded to the
established paving grade and paved between the guttering lines thereof.
Section 6. That it is necessary and it is hereby ordered that Ellsworth Avenue
from the west line of Fourth Street to the west line of Osborne Street :in said city
be graded to the established paving grade and paved between the guttering lines
thereof.
Section 7. That for the work and improvements herein provided for, the City
Engineer shallmake and file with the City Clerk on or before the 9th day of June,
1947, complete plans and specifications for the curbing,guttering, paving and grading,
with excavation necessary therefor, of each of the streets of portions thereof des-
cribed in Sections 1 to 5, both inclusive, of this ordinance, with the following
type of is provements:
1
1
Concrete combined curb and gutter on each side thereof,
30 inches wide from back of curb to paving line, curb
12 inches deep at back, gutter 6 inches deep; and the
necessary grading of each to the established paving
grade, and the paving thereof with six-inch reinforced
concrete, between the curb and gutter lines on each side
thereof and within the limits of said streets hereinbe-
fore prescribed;
and said Engineer shall on or before the same date, submit to the Board of Com-
missioners, under oath, detailed estimates of the cost of such work for said
improvements.
Section 8. For the work and L provements herein provided for in Section
5 of this ordinance, tyre City Enginee shall make and file with the City Clerk
on or before the 9th day of June, 1947, complete plans and specifications for
paving and grading, with excavation necessary therefor for the street and portions
thereof described in Section hof this ordinance, with the following type improve-
ments:
The street between the guttering lines and within the
limits hereinbefore defined shall be graded to the es-
tablished paving grade and paved with reinforced con-
crete six inches deep,
and said engineer shell on or before the same date, submit to the Board of Com-
missioners, under oath, detailed estimates of the cost of such work for said
improvements.
Section 9. That after such Mans and specifications shall have been :rlade
and Prepared by the City Engineer and filed with theCity Clerk as aforesaid, the
Board of Commissioners may advertise by advertisement published in the official
city paper of the City of Salina, Kansas, for three consecutive days for the re-
ceipt of se2led proposals for the improving of said streets with the kind of
material named and specified i, the preceding sections hereof, and 'or the ex-
cavating and grading necessary for the completion of such work, and after the
receipt of such proposals, the said board of Conaiiissiieners may and are hereby
authorized to let contracts for tine improving o' said streets with the luaterial
selected by them to the lowest responsible bidder or bidders therefor, as determined
by said Board of Co_.missioners, and for such excavating and grading. aaid board
of Cosunissioners reserve the richt to reject any and all bids.
Section 10. 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 appraisers' valuation thereof, without regard to
the buildings or improvements thereon for the distance to be i1:proved.
Section 11. After the passage and publication of this ordinance, the Board
of Coiunissioners shall appoint three disinterested appraisers, rouseholders, wro
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 nerein 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 Board of Com-
missioners of said city, without regard to the buildings or improvements t?Ie reon
and after making; said appraisement shall return the same to the Board of Commissioners
of said city and said Board of Commissioners shall designate a tirr.e and place for
the hearing of any corplaints that may be made as to the value of any lots or pieces
of land appraised as aforesaid, of which due notice shall be riven 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 12. That for the purpose of payinc, the cost of the work and in.prove-
ments in this ordinance provided for, the Board of Cormn ssioners are hereb;;, author-
ized and directed to issue internal improvement bonds of the City o' 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 eival installments, together with
interest not to e-,ceed 5�o per annum, which bonds snall be made payable i6d; the
r'iscal 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
,1
Co:mnissioners shall apportion and assess against the lots and pieces of land
za thin the taxing district of wuch L.provements special assessments covering
the cost of such improvements and the apportionment herein contained shall hold
i 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 a;)portioned to each tract, piece or parcel
of land within the taxing district and shall state the number of annual in which
such tax is to be collected; and thereafter the City Clerk shall annually at tele
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 respe-tive amounts due on each of said tracts, pieces and parcels of land,
?,;hich amounts shall include tr;e annual installments and interest on all unpaid bal-
ances for one year at the rate of not to exceed 5� per annum, on such a.rounts so
I 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 grading of said street -where the
sane is provided for in this ordinance as yell as vrhere the improvement is through
or adjacent to property of the city for v:hich the city -would be liaule, the assess-
ment vrill be made against all taxable property of the city and paid by the city at
large.
Section 13. This ordinance shall take effect and be in force from and after
its ;publication in the official city paper.
Introduced, L'iay 12, 1947
Passed, blay 19, 147
Al Noyce
Mayor
Attest: Chas. E. Banker
City Clerk
STATE OF KANSAS j
j Ss
COiJi��TY OF' aAL:II;
4
A
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify
that the above and foregoing is a true and correct copy of Urdinance No. 5218
passed and approved by the Board of Co.cunissioners of the City of Salina May 19, 1947;
and a record of the vote on its final adoption is found on page J urnal No. 17
n
City Clerk
shed !in the 6a2 ---a. j,;,�jrijal -;.- 1 1 N 7)
0 ��, D i I _,,I 1"i C F, x 0 .
�218
(_'RIDI�_ANXE Providing for t -he curbnf�, zut4-erinf- paving a:,.d Crading of
Pacific Avenue fror the west line of Tenth Street to a line 70 feet
wes4- Of t -he v,est line of 7�lnth Jtreet; a,, -,d for L"le curb-'ri-P �u-t;-ering,
pavij�.g and �7radirig of Ellsworth Avenue frOil tife xest lLne of 'Os'
-L borne
Strect to 2�)C) fect e a s T7 "Of - T " i;—e 1-71 Os'Lcrne Street; and the
paving and �-radrj�- 'on Ellsworth Avenue from tae west line of' Fourth
Street to t�e west� llir:e _Of0sbOiiI_e_Tt_reet; and t.:�ae curbi-,,�_-P ,,rut -tering,
n C and �.,,radiri,, of Linneapolis Avenue fron tiie west liiie of Osborne
Street to 125 feet east of the east line of Osborne Street; and the
curbIng, Cuttering, pavin�- and �-radin of Osborne Street -'rom -I-- -
0+- Re -, - 1 0 C, t:� -- he
Avenue Ic tne sc,,,ti;
the curbing, -.uterinL�,, pav-11-,,�; and Lradiiji-I of Sp,�ent t e r
4- r et f Oiji
e south I '.t,e of Pacific Ave.nue to the south
01 'Ood7a_%-4 Ave -nue;
-,-ro v.'din o' tlie co, -it ljoi, ti
lie 3a -,.,.e s ihil
�e assessed, and tre -riRnner of t', e -��,ayr�ient tne-reof.
by Resolu,�`, To.
on's 1 ! ",&-4 - ily adof)tcd on
b , , �;V -W,) d i�l
Lar -h 17, t�i r On' 1, Lare __47 and
7 Y� 4-7, velv tne L)O,n,�rO 17,
r e s.- s t:, C- C t
,�al
.:,, J�'isas, -tia-ve declared tl�iat they deein it --ecessary to utte7,
pave rade eac-.Ii 'Pacific A�i' I I I! J. -1
`1;ue �1'01,, -He ' �-ie of Tei-itn �)treet
3 t c _, 1, i -A e o jtreet; Avenue
, f t _� 1,. Y, �;t I _L
t -e rje�;t 1 -Lie cf Osbom'�e �;tz-eet to �,C, rec�t t
A - ;1
ea S C) Vie e�t�;�Ll lizie of
Osborne Street; 'A�-,_neapolis Avenue fron�, 1.�le s'
of C -orne Street tc,
12-5 feet eas. ol
I the eas'- 1'.�e of Usborne �;treet; Osbori�e Storeut f'rol'u thle
s 0 Utll I n e o 1' 12 e p, u b Avenue to tne so) � t�
1*-rie ef the city 11aitits; Seventh
6 tre e t -out' line of Paci.,11c Avenue to -,U,le so,)tli lille of Voodland
r 0`4 ne S ' I
Avenue; and that �:aid coi�iiaission have declared tnat they deem it necessary
to pave nnd frade hll��worth Avenue from the west li.ne o` iourth 6treet to
the i,%�est line of Osborne Street all together with
is may be nece-,,�try and for tne Eradinv of' t�,aclli thereo", ,.e) i�',Ie
established paville, betweell , t� L 0
th _ut-�_r 1'
j. ln e s r, e a ch t_`i e r (? o
HET
- �EAS, �: Of said re6olutions were publi-sned fo,".' si.x days in thr-, SU'lina
JoUrIli;L1, a :;ei,,,spaper is lied in said city. and beinL; +--IC of"icial
city paper, and the majoritY of the rejident property o7xners ownin *a majority
in square 1'eet of triie I F,
ots or real estate lia�le -to taxatlo-q PO�� -Inn
I U,
o!' s_ ,id 1.�iprovpmert d1d -,I, I -I
)t frojti -"-,.Le da-te of 1-:1C last
iAercof file with tirle clerx", -a suff'j.c+' �t jote,4
C i 4-,,f le 1 p - n in -,x
4- � 0, nd
a" a in'st tl'ie �iia�.inl sRid i''LUrovements, no any ki- —aving been
2 ilei ;
- — -ED by tiae 7�carl'_- o
_q,
-;�,_:ssio:-�er6 of tne CL-lu-y of 6�,j.-
Se c t
.L".n 1. ZV-Ct 't Is nece,-;,,.-�ary aii�',. 'It Ls
1 -1 ). ordered tu.-Iat Paei-Pic
frol: oll
1'-Ic Of Street iii said city be curbed and rut1te-ed
c �t v�-,
necessarY tliercror, and Craded to t1ie establiSt-led �7:rade a,�id .)qved
b e e C', e -,-I t "- e r ing, I I e s t j,. e i kz� o f
2. Tja-,, Lt 'Is necess,�r-,), ordered -,"at Ellsv.orth
Aven uf; �Lr we s t 1, 1% c,. o f 3 s
L , oornel, t-reet 260 feet nast of line
`Js'Ljorne �;trcet 111 iaid clt-y `�e cu -t Aed ,id u"tered,
tllere�',', and 7,rladed to the establs.ned "rade d a—red bet.,:ee _,e
!!nes tnereo%
I
Sec,.i n 3 '1a1 iLce ss=? _t .
,l - ii Is 2erebv ordered that
ol is .avenue _�i'Ji,, tr:e ,%!G_t 1 � e Cf ��5:)Or le Ji;fee3t to 125 feot-
` a3t: of the east I irie of 'C's von-ae Street in s aid C1 t;y be curbed f:iad Li':':CT'E3 ,
lt_1 clC:,vatiUtl livC _ .r.i rlere`cr, ' �"'`ded ro ..1e eS,abliS'ied
tt�eriii iiies '..er eof.'�
Sect_=n 4. T'nat t .1s necess`,ri�` LiYld it iS !1E1'8D'r 02'deI'CC; ti:at
iiSJOI'ne Jtre froom Y:P, South '.ii"le Uf FiB LiUl:LL i��C:iLIG' tie SC itl 1.ti18
of ,;_ie cites' l i_, -,i ws in s 'did city be CiII'bed and Put -;erect, vrith exc�iV' tion
nec9Ssary trle,refor, a:iu traded to LhIie established )avid grade a:id paved
betwecii t;le llt'_eri11 1 ,les ler,:o
Section 5. Tlat it ° s rece ;sary And it is rler•ebyr ordered , I lat
Seventh Stre t from tr:e south line of Pacific Avenue to tete so,:.t;l line
OL :loo:hand Avenue :irl said cii;y be curbed ,nd uttere3, ,,;ith ex.ciav-ltion
iecessar taer<?for, anCi. grarded ;o t_ae established ya 1n.,, �I?ido and' L.L ti
ed
:yet , een the guttering lines ther•oo f .
SeC",—i 6. That �t is neceosa.ry andit is Iereuy ordered t1am, Eils,,%,orth
?avenue ,''rom t%1e y,est: line of Fourth Street to thy: ,est li_:e of Gs';or ie Street
in saic;. city be' graded to tle esta.blisiled _pavil _ -rade d )aved bet•reen t_ie
utterin Lines thereof.
Section 7. ":at T'cr t-ae tivork and imp rove i;.ents he.-e3,l ro-,, idea 'or,
and
'1 i file i.th t:.e City Clea on ce"ore
e i '' r: ..ee_ r
—le �c eof
cem)lete ?_>l r;s nlia c _mac i_'ica1 ns
,',Dr the CUrbin;, IttPri:a`, Tat l.i- and _"radin-, 1.i+til. exuavat Lon necessary
".;.here or, of each of ti';'e streets or portions thereo.' described in Sectinns
1 A otli 1r;clUsive, of tn� s ord, i,,ince, _,'I lE f olioll'1..`c'," type of i -
;
1
pruaei:<>nt:
Concrete coi:.biled curb' and --utter on each side t Lereof, 30
iclo fro_:. pack of c,arb to ,;n,vin;- 1 ne, curb 12 -inC,les
dee;, at back, 7utter 6 inches deep; and t_ie necessary grading
of each to the established paving grade, and the pavinG thereof
wit -'a six-inch reinforced concrete, between the curb and -;utter
lines on each side thereof and ,^pith in the 11 -its of said streets
hereinbefore prescribed;
and said ?brIgineer shall or, or before the saltie ,late, submit to the Board
of Cc:ailissioners, under oath, detailed estimates of the cost o such work
for said improvements.
Section 8. For the "Iork and irlprovements herein provided for in
Secti n 5 of this ordinance, the City tngineer sha Leake and file mith
the City Clerk on or before the day of rd—
ticn
co.. lete plal:s and sped "icy- ticns cr the paving rading, n it_1 exescva-
necessary therefor for -,,.,ie street and nortior,s thereof described in
Sect9_cn 6. of this ordinance, with the followint, type improvements:
The street between the gutteking 1'. -ries and r,,it'ain the units
hereinbefore defined shall be s•raded to the established paring
,rade and paved 1Rtith reinforced concrete six inches deep,
and said enrineer shall on or before the sal:le ;�'::E3, ;?alt .'O of
Cor_Missioners, under oath, detailed estii tes of the cost of such -ork for
.,aid _:r;provements.
Section 9. T?l.t after such ?glans and speci`_'icRticns shall h,-ve been
,Wade and prepared by the City Engineer and filed -^ itn the City Clerk as
a:'oresaid, the Board of Commi ssio-ners may advertise by advertiseLnent pub-
lis�ied in tiie official city paper of the City of Sa n>II, r�ansas, for t_lree
CC:'isecu lve da -vs for the receipt o" settled proiosals for the i oroving of
sa'd streets with the kind o_' material named end specified in tate preceding
sections hereof, and for the excavating and t_-rading necessa.: y "or the com-
pletion of such ,ork, and after t :e receipt of such proposals, tate said
Board of Coniunissicners iiay and are hereby authorized to let contracts for
the improving; of said streets with the mia.terial selected by them to the
loiuest responsicle bidder or bidders therefor, as de',ermined by said Board
of Conu:Iissio_lers, and 'or such excavating; and "rading. Said b�oe.rd of Com-
irC:i_ sione •s reserve the right to reject any and all. bids.
1
Sect.1 n 10. That for t'rie improving of the above mentioned streets,
SUCK-1SSeSSIAentS S 1,i 1 be made for the full costs t lercof accordF; to law,
on all lots and .pieces of land to the center of the block cn either side of
t' -:e streets to be improved according to the appraisers' valu.tion t:rtereof,
-,ithout regard to the buildings or improvements tiereon for tYLe distance to
be im-roved.
Section 11. After the passage and �Ilublics:tion of this ordinance, the
Board of Corunissioners shall appoint three disinterested appraisers, house-
holders, wino after _iavin` taken an oath to z a_,e a true and impartial ap-
praise:;ient of all lots and pieces of land liable to assessment and taxation
for the cost of the ilnprove.rents herein provided for, siiall within five days
after having, been notified of their appointment, 1roceed to appraise said
lots and ;pieces of landliable to assessment and taxation as a.i'oresaid, 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 same to the Board of Co:mnissioners of said city and said
Board of Codlissioners shall designate a time and place for the hearing of
any complaints that may be made as tothe 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 COIiL'riissioners 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 12. That for the purpose of paying; the cost of the work and
improvements in this ordinance provided for, the Board of Corunissioners 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 Payablein ten equal
ins-�:allments, together with interest not to exceed 5'j- per annum, which -fonds
shall be .wade payable at the Fiscal Agency of the State of Kansas; and for
the ,urpose of paying principal and interest on said bonds as they severally
beco..e due and payatle, the Board of Corur:assicners shall an and assess
against the lots and pieces of land within the taxing district of such improve-
inents/ special assess:k:ents covering the cost of such i _provements and the ap-
r?orti.cnment herein contQ:ined shallrold ,,.00d for all the insc,_iliraents that are
to be coll:;cted from the specific property chargeable with said improvements.
Such assessme::t and apporti._unent ordinance shall contain thetotal amount of
tax apportioned to each tract, piece or parcel of land within the taxing di -s-
trict, 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 brae
other taxes are certified, certify to the County Clerk of 41alink County,
Kansas, a full list of all property liable for such work and imycrove7nents,
together w th the respective amounts due on each of said tracts, pieces and
parcels of land, which mounts shall include the annual install. -.eats and in-
terest on all unpaid balances for one year at the rate of not to exceed 50
per annum, on such amounts so certified w.lilch shall be collected as other
taxes are collected; PRO -,TIDED, that for t'ie purpose of defrayi f; t _e cost
of improving- the intersections and areas formed by the crossing of streets
and alleys, and for the grading of sa d street where the same is provided
^r in th_s ordinance as well as where the improvement is through or adjacent
.:o property of the city for arhich the cit -r 1r:ould be liable, the assessment
will 'be made against all taxable property of the city anr? paid by the city
at large.
Sect} on 13. This ordinance shall take effect and be in force from and
after its -�ubf` tion in the offiicial city paper.
Intro-juced, 4 -' 1947
Passed,
Attest:
City Clerk
Y ...9 1947
� I7or