3699 Street Improvements 5th StreetORDINANCE NO. 3699
(Published in the Salina Journal 1929)
AN ORDINANCE providing for the curbing, guttering and paving of Fifth
Street from the north line of Elm Street to the south line o
or treet and providing for the cost thereof, how the same
shall be assessed and the manner of payment therefor.
WHEREAS, by resolution No. 452 duly adopted on October lst, 1928 the
Board of Commissioners of the City of Salina have declared that they
deem it necessary to curb, gutter and pave Fifth Street within the
limits hereinafter defined, and
WHEREAS, said resolution was duly published six days in the Salina
Journal, a daily newspaper published in said city, the official city
paper, and the majority of the resident property owners owning a
majority in square feet of the lots or real estate liable to taxation
for the cost of said improvements did not within twenty days from the
date of the last publication thereof file with the City Clerk a suffi-
cient protest in writing against the making of said improvements;
NOW THEREFOkE
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
Fifth Street in the City of Salina from the north line of P -lm Street
to the south line of North Street in said city be curbed, guttered
and paved 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 at the intersection of streets and alleys said curb
and gutter and paving shall be carried back to the lot line of the
street so improved, the width of such paving to be 44 feet exclusive
of curb and gutter.
Section 2. For the work and improvements herein provided for
the City Engineer shall make and file with the City 1%lerk on or before
May 24th, 1929, complete plans and specifications for the curbing and
guttering and for the paving of said Fifth Street ( including excavating)
with the following materials:
Paving: 8 inch Reinforced Concrete; 9 inch Vibrolithic Concrete;
2J inch Brick with asphalt filler on 7 inch Concrete Base.
Concrete Combined Curb & Gutter, 30 inches wide from back to curb
to paving line, curb 12 inches deep at back, gutter 6 inches deep
and shall on or before the same date submit to the Board of Commissioners
under oath detailed estimates of the cost of such workwith such materials.
Section 3. That after such plans and specifications shall have
been made and prepared by the City -zngineer and filed with the City
Clerk as aforesaid the Board of Commissioners may advertise by advertise-
ment 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 street 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 Uommissioners may and are hereby
authorized to let contracts for the improving of said street with the
material selected by them to the lowest responsible bidder therefor,
as determined by said hoard of Commissioners, and for such excavating
acrd grading. Said board of Commissioners reserve the right to reject
any and all bids.
Section 4. ':hat for the improving the above mentioned street
special assessments shall be made for the full cost thereof according
to law on all lots and pieces of land to the center of the block on
either side of the street according to the appraisers value thereof,
without regard to the buildings or improvements thereon for the distance
to be improved.
Section 5. After the passage and publication of this ordinance
the Board of Commissioners shall appoint three disinterested appraisers,
householders, who after having taken an oath to make a true and impartial
appraisement of all lots and pieces of land liable to assessment and
taxation for the cost of the improvements herein provided for, shall
within five days after having been notified of their appointment pro-
ceed to appraise said lots and pieces of land liable to assessment
and taxation as aforesaid as may be designated by the Board of
Commissioners 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 afore-
said, 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 6. For the purpose of paying for the work and improve-
ments in this ordinance provided for the Board of C041missioners are
hereby authorized and directed to issue Internal Improvement Bonds
of the City of Salina in an amount not to exceed the contract price
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 improve-
ments special assessments covering the cost of such improvements and
the apportionment therein contained shall hold good for all the
installments that are to be collected from the specific property
chargeable with said irnprovements. Such assessment and apportionment
ordinance shall contain the total amount of tax apportioned to each
tract, piece and parcel of land within the taxing district and shall
state the number of annual installments in which such tax is to be
collected; and thereafter the City Clerk shall annually, at the same
time other taxes are certified, certify to the County Clerk of Saline
County, Kansas, a full list of all property liable for such work and
improvements, together with the respective amounts due on each of said
tracts, pieces and parcels of land, which amounts shall include the
annual installments and interest on all unpaid balances for one year
at the rate of not to exceed 5�6 per annum, on such amounts so certified
which shall be collected as other taxes are collected; PkOVIDED, that
for the purpose of defraying the cost of improving the intersections
and areas formed by the crossing of streets and alleys, as well as
where the improvement 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.
Section 7. This ordinance shall take effect and be in full
force from and after its publication once in the official city paper.
Introduced,
April
22nd,
1929
Passed,
April
29th,
1929
Chas. F. Dodds
Acting Mayor
Attest:
Chas. E. banker
CIty
STATE OF KANSAS
) SS
COUNTY OE 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. 3699 passed and approved by the Board of Com-
missioners of the City of Salina, "pril 29th, 1929; and a recordof
the vote on its final adoption is found on page'Al Journal No. 12
City Clerk
(Published in the Salina Journal �{� 1929)
ORDINANCE NO. 3699,
AN ORDINANCE providing for the curbing, guttering and paving of
Fifth Street from the north line of Elm Street to the south
line of North Street and providing for ,the cost thereof,
how the same shall be,assessed and the. manner of 'payment
therefor
r.
AS;-by"resolution No. 452- duly adop£ed on Ootobbr--ls't.9 1926.... '
the Board, of Commissioners o.f°the City of Salina have -,declared
.that they deem it necessary to curb, -gutter and.pave Fifth Street
within the limits hereinafter defined, and;,
WHEREAS, said resolution was duly published six'days in•the Salina
Journal; ,a -daily newspaper published in said city, the official
city' :paper, and,the majority of: the resident property owners :owning.
r, a.majprity..in square feet of -the lots or real estate liable to,
taxation for. the cost ofsaid improvements did not within twenty
:days from.the.date. of the last publication thereof file with the
City Clerk'a,'sufficient°protest in writing against the making of
said.improvements; NOW THEREFORE .
BE IT ORDAINED by .the Board' of Commissioners 'of the City of Salina'
Kansas';'• .
Id
'Section 1. That itis necessary and it is hereby ordered,that
F-ifth'Street in the City of ;Salina'frorir t'he north -aline of Elm-
--------
j',Street t'o;'the south line of North Street in said city be,curbed�1
' gi1taeredana payed 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 at the inters'ection,of streets
•and:alleys, said curb and gutter and paving shall be carried; back
to the lot line ,of::the street so'improved,,the width-.of'such paving
r;- i
to be 44 'feet -exclusive of curb and gutter.
Section 2. For the work.and improvements.herein'provided for
the City Engineer' shall make and file with1the CityClerk on or
before May 24t4, 1929,, complete plans and specii'ica;tiobb for' ,the',,,,
curbing and guttering and for the paving of said Fifth Street
(including excavating) with the following materials:
Paving: ' S inch Reinforced Concrete; 9 inch Vibrolithic Concrete;
22•inch Brick with asphalt filler on 7 inch concrete base.
Concrete Combined,Curb'& Gutter, 30 inches wide from back to curb
'to paving lin.e,. curb 12 inches deep at, back,. gutter 6 inches deep
and shall ori',or before the same date submit to the Board of Com-
`s'?s" missioners' under oath detailed estimates of the cost of. such work
6 ,
with such materials.
Section`3., That after such plans and specifications shall
have been made and prepared by the City zngineer and filed with
the City Clerk as'.afores,aid the board of Commissioners may ad-
vertis'e"by'-advertisement published---in-theofficial -ci.ty_paper.,of--- - -
the Gity of Salina;`Kansas for three.consecutive days for the
receipt of sealed proposals for theimproving of said street with
-
,':the kind, of material named and.specified.,1n ,the preceding section"
hereof; and for the excavating and grading necessary for the com-
pletion 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 improving of said street with the.material
.selected by them to the lowest -responsible bidder therefor..as
determined by said Board of Commissioners, and for such excavating
--------- —and-g-rading: Said -Board --of 9ommissioners-reserve the-ri ht - :to -
reject any and all bids..
Section 4.'; That for the improving the above mentioned street
s'pe.cijal assessments shall be made for the full cost thereof accord-
ing to law on all lots and pieces of land to the center of the block
on either side of the street according to the appraisers value
thereof, without regard to the buildings or improvements thereon
for the distance to be improved.
Section 5. After the passage and publication of this ordinance
the Board of Coumlissioners 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 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 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
-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 maybe made as to the
value of any lots or pieces of land a raised.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 6. For the purpose.of paying for .the work and improve-
ments in this ordinance provided for the Board of Commissioners
are hereby authorized and directed to issue Internal.Improvement
IBonds,of the City of Salina in an amount not to,exceed the contract
price 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 Kansasl.and for the purpose of
paying principal and interest on said bonds as they severally become
due and payable the Board of Commissioners shall apportion and assess
against the lots and pieces of land within the taxing district of
such improvements special assessments covering the cost of such
improvements and.the apportionment therein contained shall hold good
for•'all the installments that are to be collected from the specific
property chargeable with said improvements. Such assessment and
appmntionment ordinance shall contain the total amount of tax
apportioned to each tract, piece and parcel of land within the taxing
district and shall state the number of annual installments in which
such tax is to be collected; and thereafter the City Clerk shall
annually, at the same time other taxes are catiffed, certify to the
County Clerk of Saline County, Kansas, a full list of all property
3
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, as well as where the im-
provement 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.
Section 7, This ordinance shall take effect and be in full
force from and after its publication once in the official city
paper.
Introduced,Apr l 22nd, 1929
'Pa's sed,
_ r
Attest:,
April 29th, 1929
Mayor