3713 Street Improvements Ellsworth AveORDINANCE NO. 3713
AN UhDINANCE providing for the curbing, L,uttering and paving of
Ellsworth Avenue from the west line of Ninth Street to the
east line o ighland Circle, and providing for the cost
thereof, how the same shall be assessed and the manner of
payment therefor.
WHEREAS, by Resolution No. 469 duly adopted on April 15th, 1929, the
Board of Commissioners of the City of Salina have declared that they
deem it necessary to curb and gutter, grade and pave Ellsworth Avenue
within the limits hereinafter defined, and
WHEREAS, said resolution was duly published for six days in the Salina
Journal, a daily newspaper published in said city, the official city
paper, and the majority bf 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 sufficient protest in
writing against the making of said improvements; NOW THEREFORE
BE IT OR D:IINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That it is necessary and it is hereby ordered that
Ellsworth Avenue in the City of Salina from the west line of Ninth
Street to the east line of Highland Circle in said city be curbed and
guttered and paved and that such street within such limits be excavated
and graded to such extent as may be necessary for the coli,pletion 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 26 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 Clerk on or before
iuiay 24th, 1929, complete plans and specifications for the curbing and
guttering and for the paving of said Ellsworth Avenue (including excavating
with the following materials:
Paving- 6inch Reinforced concrete; 6 inch Vibrolithic Concrete;
221 inch Brick_ with asphalt filler on 5 inch concrete base.
Concrete combined curb and gutter, 30 inches wide from back to curb
to pavinL,; 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 work with such materials.
Qection 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 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 im-
proving of said street with the kind 6f 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 con-
tracts for the improving of said street with the material selected by
them to the lowest responsible bidder therefor, as determi ed by said
Board of 40mmissi oners, and for such excavating and grading, Said
Board of Commissioners reserve the right to reject any and all bids.
Section 4. l'h�tt for the improving the above mentioned street
special assessments shall be made for the full cost thereof acord-
ins 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 there-
of, without regard to the buildings or iriiprovements thereon for the
distance to be ii-,proved.
Section 5. After the passage and publication of this ordinance
the Board of Commissioners shall appoint three disinterested
appraisers, householders, who after Navin€ taken an oath to make
a true and impartial appraiserent 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 noti-
fied of their appointment proceed. tc 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 appraiserler,t shall return the same to tl:e Board of Commissioners
of said city and said board of "ommissioner•s shall d. esignate a time
for holding a special session cf such Board for the purpose of
hearing any complaints that may be made as to the gal.ue of any lots
or pieces of 1-and appraised. as aforesaid, of which special session
due notice shall be given in the officiaj 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 pa.ying
for the work and improve-
ments in this ordL,ance provided for the Board of Commissioners 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 witil interest rot to
exceed 5% per annur., which-. bonds shall be made payable at the fiscal
agency of the State of Kansas; and for t.h.e 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 h.olG. LOod for all the
installments that are to be collected. from the specific property
chargeable with said improvements. Such assessment and apportion-
ment ordinance shall contain the total amount of tax. apport`oned 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 installmnets and interest on all unpaid talances for one year at
the rate of not to exceed N. per annury, on such amounts so certified
w.ich shall be collected as other taxes are collected; PNOVIDED,
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 shalltake effect and be in full
force from and after its publication once in the official city paper.
Introduced. IV,ay 15th, 1929
Passed, May 20th, 1929
Chas. F. Dodds
Ac nel ayor `
Attest:
Chas. E. Danker
C I t y er
STATE OF RAN" -AS )
S �>
COUNTY OF SALINE )
I, Chas. E. Danker, City Clerk of the City of Salina, Kansas,
do hereby certify that the above and foregoing is a true and correct
copy of "rdinance No. 3713 passed and approved by- the Board of Corr-
missioners of the City of Salina lay 20th, 1929; and a record of the
vote on its final adoption is found on page 1°S Journal No. 12.'
MY er..
(Published,in the Salina Journal May 1929)
ORDINANCE NO. 3713
An Ordinance providing for the curbing, guttering and paving of
Ellsworth Avenue from the west line of Ninth Street to the
east line of i land Circle, andlproviding for the cost
thereof, how the same shall be assessed and the manner of
l
payment therefor.
WHEREAS, by -Resolution No. --469 duly .adopted -on -April 15th, -1929,-- — --
the Board of Commissioners of the City -of Salina have declared
that -they deem it necessary to curb and -gutters grade and,pave
Ellsworth Avenue within the limits hereinafter defined, and
WHEREAS, s gid resolution was duly published for six days in the
Salina Journal, a daily ndewpaper 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.s.ufficient'protest in writing againstthe making of
said improvements; NOW THEREFCRE
BE IT CRDAINED.:by the Board of Commissioners of -the City of.Salina,
Kansas:
.erection 1. That it is necessary.and it is hereby ordered
that Ellsworth Avenue in the City of Salina from the west line of
Ninth Street,�to the east. 1. line of,Highland Circle in said city be
curbedrand guttered and paved and that sucYi'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 s treet so improved, the width of such
paving to be 26!4 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 Clerk on or
before May 24th-, 1929; complete -plans ;and .specifications„for-•the
curbing and guttering and for the paving of said Ellsworth Avenue
(including excavating) with the following materials:
Paving: 6 inch Reinforced concrete; 6 inche Vibrolithic Qonerete;
2J inch Brick with asphalt filler on 5 inch concrete base.
Concrete combined curb and gutter, 30 inches wide from back of 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
work with such materials.
Section 3. 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 ad-.
-" vdrtise, 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 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 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` -grading. Said Board of Commissioners reserve the right to
reject any and all bids.
Section 4 That 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 5After the passage and publication of this
ordinance the Board of Commissioners shall appoint three disinterest-
. 1
ed 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 noti-
fied 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 Commission-
ers of said city and said Board of Commissioners shall designate
a time for holding a,special session of such Board for the purpose
of_hcaring 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 g For the purpose of paying for the work and
improvements in this ordinance provided for the Board of Commis-
sioners are hereby authorized and directed to issue internal
improvement bonds of the City of Salina in an amount not to exceed
thecontractprice 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 cover-
ing 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 improve-
ments. 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 there-
after 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'proporty 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 inter-
sections 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.vill
i'. 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, May 15th 1929`
Passed, May 20th, ,1929
Attest:,,
City U.Lerk
;✓ S,