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4996 Street ImprovementsORDINANCE NO. 4996 (Published in the Salina Journal j 1941) AN ORDINANCE providing for the curbing, guttering and grading of .Montrose Street from the south line of Charles Street to the north line of Crawford Street; Second Street from the north line of Ash Street to the south line of Elm Street; Republic Avenue from the east line of Sheridan Street (on the north side of Republic and from the east line of Funston Street, an extension of Sheridan Street, (on the south side of Republic) to the west line of Sherman Street ( on the north side of Republic) and to the east line of Pershing Street, an extension of Sherman Street (on the south side of Republic); Venango Street from the west line of Sherman Street to the east line of Custer Street; Wilson Street from the east line of Sherman Street to the west line of Eleventh Street; Republic Avenue from the west line of Tenth Street to the east line of Eleventh Street; and for the paving and grading of the alley between Santa Fe Avenue and Seventh Street from the south line of Ash Street to the north line of Iron Avenue and providing for the cost of such improvements and how the same shall be assessed and the manner of payment therefor. V','HJREAS, by Resolutions No. 786, 788, 789, 793, 794, 795 and 791, duly adopted by the Board of Commissioners of the City of Salina, said Board of Commissioners have declared that they deem it necessary to improve certain portions of certain streets and alleys in the City of Salina to the extent provided for in said resolutions and as hereinafter provided for and within the limits provided for in said resolutions and as hereinafter provided for, and V'+HEREAS, said resolutions were each duly published for six days in the Salina Journal, a daily (except Sunday) newspaper in said city and the official city paper and no suf- ficient protest, or any protest, against said improvements or any of them have been filed within the time and in the manner provided by law; NOW THERErORE 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 Montrose Street from the south line of Charles Street to the north line of Crawford Avenue be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 2. That it is necessary and it is hereby ordered that Second Street from the north line of Ash Street to the south line of Elm Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and Putter shall be carried back to the lot line of the street so improved, the dis- tance between such curb and gutter on each side of said street to be 32 feet from toe to toe of gutter. Section 3. That it is necessary and it is hereby ordered that Republic Avenue from the east line of Sheridan Street (on the north side of Republic) and from the east. line of Funston Street, an extension of Sheridan Street (on the south side or Re- public) to the west line of aherman Street (on the north side of Repaulic) and to the east line of Pershing Street, an extension of Sherman Street (on the south side of Republic) be curbed and guttered and that such street within such limits be ex- cavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to 1 1 7— L conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 4. That it is necessary and it is hereby ordered that Venango Street from the west line of Sherman Street to the east line of Custer Street be curbed and guttered and that such street within such limits be excavated and graded r to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, i the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 5. That it is necessary and it is hereby ordered that Wilson Street from the east line of Sherman Street to the west line of Eleventh Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform i i to the grade of such curb and gutter, and that at the intersection of street and i alleys curb and gutter shall be carried back to the lot line of the street so i improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 6. That it is necessary and it is hereby ordered that Republic Avenue from the west line of Tenth Street to the east line of Eleventh Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said I curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 7. That it is necessary and it is hereby ordered that the alley between Santa Fe Avenue and Seventh Street from the south line of Ash Street to the worth line of Iron Avenue be paved, 10 feet in width, and that such alley within such limits be excavated and graded to such extent as may be necessary for the completion of said work. Section 8. For the work and improvements herein provided for in the pre- ceding sections of this ordinance the City Engineer shall make and file with the City Clerk on or before April 24, 1941, complete plans and specifications for the I improvements to be constructed as provided for in this ordinance including the excavation and grading as herein provided for with the following materials: I Concrete Combined Curb and Gutter; six inches in width, 12 inches in heighth at back, and 24 inch gutter. Alley Paving: Six inch reinforced concrete, and said City 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 and improvements with such materials; provided that separate plans, specifications and estimates shall be made and filed by the City Engineer for each of the separate improvements provided for in the preceding sections of this ordinance. Section 9. 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 advertisement published in the official city paper of the City of Salina, Kansas for three consecutive days for the receipt of sealed proposals for the construction of said improvements with the kind of material named and specified in the preceding section 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 Commissioners may and are hereby authorized to let contracts for the construction of said improvements with the material selected by them to the lowest res;;onsible bidder or bidders therefor, as determined by said Board of Commissioners, and for such excavating and grading. Said Board of Commissioners reserve the right to reject any and all bids, PROVIDED, that if no responsible bid shall be received for any of such work within the estimate made and filed by the City Engineer covering such work, the Board of Commissioners shall proceed to construct said improvements or any part thereof within the estimated cost thereof under the direction of the City Engineer and shall purchase the necessary tools, apparatus, materials and employ the necessary labor for the purpose of constructing such improvements or any portion there- of for which contracts are not let. Section 10. That such portion of the cost of such improvements as can be secured for such purpose shall be paid from money to be secured from the Federal Lmergeney Administration of Public Works or from the 1�iorks Progress Administration or from any other federal or state agencies as may be authorized to advance money or make grants for such purposes under the provisions of the Acts of Congress of the laws of the State of Kansas in such cases made and provided relating to the granting of money for such purposes or such portion of the labor as may be necessary in the construe - tion of any such work as can be secured from the Works Progress Administration or any other federal agency shall be secured to aid in the construction of the work and improvements in this ordinance provided for, and for the purpose of securing such money or such labor from any such agencies the hayor, City Clerk, City Engineer, City r1:anager and City Attorney or said city are hereby authorized and directed to make and execute such applications and statements and to furnish such other information as may be re- quired by any such agency in order to comply with the requirements of such agency in relation to the furnishing of such aid. The remainder of the cost of such improve- ments shall be paid for and such cost shall be assessed as in this ordinance here- property chargeable with said improvements. Such assessment and apportion::;ent I I inafter provided for. Section 11. That for the construction of said improvements special assessments shall be made for the full cost thereof, except that portion of such i costs as may be received as a grant or aid from any federal or state agencies, according to law, on all lots and pieces of land to the center of the block on i either side of the streets to be improved for the curb and gutter improvements provided for in this ordinance, and for the alley improvements, such special i assessments shall be against all property abutting on said alley, as provided I F j by law, all according to the appraisers valuation thereof, without regard to the buildings or improvements thereon for the distance to be improved. Section 12 After the passage and publication of this ordinance the i j 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 i improvements herein provided for, shall within five days after having been notified I of their appointment proceed to appraise said lots and pieces of land liable to I assessment and taxation as aforesaid as may be designated by the Board of Com - I missioners of said city, without regard to the buildings or improvements thereon, I 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 I I i for holding a special session of such Board for the purpose of hearing any com- i plaints that may be made as to the value of any lots or pieces of land appraised as aforesaid, of which special session due notice shall be given in the official Icity paper, at which special session the Board of Commissioners may alter any ' valuation of any lot or piece of land if, in their opinion, the same has been i i appraised too high or too low. Section 13. That for the purpose of paying the cost of the work and im- provements in this ordinance provided for, except such portion of such cost as may be received as a grant or as aid from any federal or state agencies, the Board of Commissioners are hereby authorized and directed to issue internal improvement j 1, bonds of the City of Salina in an amount not to exceed the contract price or cost I of such improvements and to run for a period of ten years and be payable in ten equal installments, together with interest not to exceed 5go per annum, which bonds shall be made payable at the Fiscal Agency of the State of Kansas; and for the pur- pose 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 improvekents special assess- � ments 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 apportion::;ent ordinance shall contain the total amount of tax apportioned to each tract, piece and parcel of land within the taxing districts 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 include the annual installments and interest on all unpaid balances for one year at the 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 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 streets between the curb and gutter so to be constructed on each side thereof, where the same is provided for in this ordinance as well as where the improvements 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, except such portion thereof as may be secured as a grant from any federal or state agency. Section 14. This ordinance shall take effect and be in force from and after its publication once in the official city paper. Introduced, April 14, 1941 Passed, April 21, 1941 Ed Yorgenstern Mayor Attest: Chas. E. Banker City Clerk STATE 010 KANSAS ) ) SS COUNTY OF SALINE ) 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 Ordinance No. 4996 passed and approved by the Board of Commissioners of the City of Salina, April 21, 1941; and a record of the vote on its final adoption is found on page Journal No. 15. City Clerk (Published in the Salina Journal � 7� 1941) ORDINANCE N0, 4996 AN ORDINANCE providing for the curbing, guttering and grading of Montrose Street from the south line of Charles Street to the north line of Crawford Street; ,Second Street from the north line of Ash Street to the south line of Elm Street; -R publie Avenue from the east line of Sheridan Street (on the north side of Republic) and from the east line of Funston Street, an extension of Sheridan Street, (on the south side of Republic) to the west line of Sherman Street (on the north side of Republic) and to the east line of Pershing Street, an extension of Sherman Street (on the south side of Republic);I'Venango Street from the west line of Sherman Street to the east line of Custer Street;, Wilson Street from the east line of Sherman Street to the west line of Eleventh Street;, Republic Avenue from the west line of Tenth Street to the east line of Eleventh Street; and for the paving and grading of the _i alle between Santa Fe Avenue and Seventh Street from the south line of sh Street to the north line of Iron Avenue and providing for the cost of such improvements and how the same shall be assessed and the manner of payment therefor. WHEREAS, by Resolutions No. 786, 788, 789, 793, 794, 795 and 791,'duly adopted by the Board of Commissioners of the City of Salina, said Board of Commissioners have declared that they deem it necessary to improve certain portions of certain streets and alleys in the City of Salina to the extent provided for in said reso- lutions and as hereinafter provided for and within the limits provided for in said resolutions and as hereinafter provided for, and. I'JHEREAS, said resolutions were each duly published for six days in the Salina Journal, a daily (except Sunday) newspaper in said city and the official city paper and no sufficient protest, or any protest, against said improvements or any of them have been filed within the time and in the manner provided by law; NOW THEREFORE 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 Montrose Street from the south line of Charles Street to the north line of Crawford Avenue be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be §raded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Y Section 2. That it is necessary and it is hereby ordered that Second Street from the north line of Ash Street to the south line of Elm Street be curbed and guttered and that such street within such limits be ex- cavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so con- structed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 32 feet from toe to toe of gutter. Section 3. That it is necessary and it is hereby ordered that Republic Avenue from the east line of Sheridan Street (on the north side of Republic) and from the east line of Funston Street, an extension of Sheridan Street (on the south side of Republic) to the west line of Sherman Street (on the north side of Republic) and to the east line of Pershing Street, an extension of Sherman Street (on the south side of Republic) be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 4. That it is necessary and it is hereby ordered that Venango Street from the west line of Sherman Street to the east line of Custer Street be curbed and guttered and that such street within such limits be ex- cavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so con- structed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between such curb and gutter on each side of said street to be Z$ feet from toe to toe of gutter. Section 5. That it is necessary and it is hereby ordered that Wilson Street from the east line of Sherman Street to the west line of Eleventh Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance between sugh curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 6. That it is necessary and it is hereby ordered that Rbpublic Avenue from the west line of Tenth Street to the east line of Eleventh Street be curbed and guttered and that such street within such limits be excavated and graded to such extent as may be necessary for the completion of said work, and that said street be graded between the curb and gutter so constructed, to conform to the grade of such curb and gutter, and that at the intersection of streets and alleys said curb and gutter shall be carried back to the lot line of the street so improved, the distance be- tween such curb and gutter on each side of said street to be 28 feet from toe to toe of gutter. Section 7. That it is necessary and it is hereby ordered that the alley between Santa Fe Avenue and Seventh Street from the soutit line of Ash Street to the north line of Iron Avenue be paved, 10 feet in width, and that such alley within such limits be excavated and graded to such extent as may be necessary for the completion of said work. Section 8. For the work and improvements herein provided for in the preceding sections of this ordinance the City Engineer shall make and file with the City Clerk on or before April 2, 1941, complete plans and specifica- tions for the improvements to be constructed as provided for in this ordinance including the excavation and grading as herein provided for with the following materials: Concrete Combined Curb and Gutter; six inches in width, 12 inches in heighth at back, and 24 inch gutter. Alley Paving: Six inch reinforced concrete. and said City Engineer shall on or before the same date submit to the Board of Commissioners under oath detailed estimates of the cost of such work and improvements with such materials; provided that separate plans, specifications and estimates shall be made and filed by the City Engineer for each of the separate improvements provided for in the preceding sections of this ordinance. Section 9. 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 Commissioners may advertise by advertisement published in the official city paper of the City of Salina, Kansas for three consecutive days for the receipt of sealed proposals for the construction of said improve- ments with the kind of material named and specified in the preceding section 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 Commissioners may and are hereby authorized to let contracts for the construction of said improvements with the material selected by them to the lowest responsible bidder or bidders therefor, as determined by said Board of Commissioners, and for such excavating and grading. Said Board of Commissioners reserve the right to reject any and all bids; PROVIDED, that if no responsible bid shall be received for any of such work within the estimate made and filed by the City Engineer covering such work, the Board of Commissioners shall proceed to construct said improve- ments or any part thereof within the estimated cost thereof under the direction of the City Engineer and shall purchase the necessary tools, apparatus, materials and employ the necessary labor for the purpose of constructing such improvements or any portion thereof for which contracts are not let. Section 10. That such portion of the cost of such improvements as can be secured for such purpose shall be paid from money to be secured from the Federal Emergency Administration of Public Works or from the Works Progress Administration or from any other federal or state agencies as may be authorized to advance money or make grants for such purposes under the provisions of the Acts of Congress of the laws of the State of Kansas in such cases made and pro- vided relating to the granting of money for such purposes or such portion of the labor as may be necessary in the construction of any such work as can be secured from the fforks Progress Administration or any other federal agency shall be secured to aid in the construction of the work and improvements in this ordin- ance provided for, and for the purpose of securing such money or such labor from any such agencies the Mayor, City Clerk, City Engineer, City Manager and City Attorney or said city are hereby -authorized and directed to make and execute such applications and statements and"to furnish such other information as may be required by any such agency in order to ooniply with the requirements of such agency in relation to the furnishing of such aid. The remainder of the cost of such improvements shall be paid for and such cost shall be assessed as in this ordinance hereinafter provided for* Section 11. That for the construction of said i2dprovements special assessments shall be made for the full cost thereof, except that portion of such costs as may be received as a grant or aid from any federal or state agencies, 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 for the curb and gutter improvements provided for in this ordinance, and for the alley improvements, such special assessments shall be against all property abutting on said alley, as provided by law, all according to the appraisers valuation thereof, without regard to the buildings or improvements thereon) for the distance to be improved. Section 12. After the passage and publication of this ordinance the Board of Commissioners shall appoint three disinterested appraisers, house- holders, who after having taken an oath to make a true and impartial appraise- ment 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 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 Conunissioners of said city, without regard to the buildings or improve- ments thereon, 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 time for holding a special session of such Board for the purpose of hearing any complaints that may be made as to the value of any lots or pieces of land appraised as aforesaid, of which special session due notice shall be given in the official city paper, at which special session 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 13. That for the purpose of paying the cost of the work and improvements in this ordinance provided for, except such portion of such cost as may be received as a grant or as aid from any federal or state agencies, the Board of Commissioners are hereby authorized and directed to issue internal im- provement 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 installments, together with interest not to exceed 5% 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 install- ments 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 districts 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 Li4provements, to- gether with the respective amounts due on each of said tracts, pieces and parcels of land, which amounts shall include the azmual installments and interest on all unpaid balancds for one year at the rate of not to exceed 5% per annum, on such amounts so certified which shall be collected as other taxes are collected; PRO- VIDED, 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 streets between the curb and gutter so to be constructed on each side there- of, where the same is provided for in this ordinance as well as where the improve- ments 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, except such portion thereof as may be secured as a grant from any federal or state agency. Section 14. This ordinance shall take effect and be in force from and after its publication once in the official city paper. Introduced, April 14, 1941 Passgd, April 21, 1941 Attest: / Mayor City Clerk