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
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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
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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,
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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
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to the grade of such curb and gutter, and that at the intersection of street and
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alleys curb and gutter shall be carried back to the lot line of the street so
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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
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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
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improvements to be constructed as provided for in this ordinance including the
excavation and grading as herein provided for with the following materials:
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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
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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
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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
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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
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assessments shall be against all property abutting on said alley, as provided
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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
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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
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improvements herein provided for, shall within five days after having been notified
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of their appointment proceed to appraise said lots and pieces of land liable to
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assessment and taxation as aforesaid as may be designated by the Board of Com -
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missioners of said city, without regard to the buildings or improvements thereon,
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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
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for holding a special session of such Board for the purpose of hearing any com-
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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
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valuation of any lot or piece of land if, in their opinion, the same has been
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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
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bonds of the City of Salina in an amount not to exceed the contract price or cost
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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-
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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.
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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