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4740 Street ImprovementsORDINANCE NO, 4740 (Published in the Salina Journal 1937) AN ORDINANCE providing for the curbing and guttering and grading of Custer Street from the south line of Crawford Avenue to the north line of Republic Avenue -2 Eleventh Street from the north line of Frost Street to the north line of Republic Avenue; and Phillips Street from the south line of Prescott Avenue to the north line of Charles Street- and providing for the cost of such improvements and how the same shall be assessed and the manner of payment thereof. WHEREAS by Resolutions No* 680 and 681 duly adopted March 1,, 1937; and Resolution No, 675 duly adopted December 14, 19360 the Board of Com- missioners of the City of Salina have declared that they deem it nec- essary to improve certain portions of certain streets in the City of Salina to the extent hereinafter provided for and within the liplits hereinafter defined, and WHEREAS, said resolutions were each duly published for six days in the Salina Journal, the daily newspaper in said city and the official city paper, and no sufficient 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 Custer Street from the south line of Crawford Avenue to the north line of Republic Avenue in the City of Salina, Kansas 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 inter- section 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 too to toe of gutter* Section 2* That it is necessary and it is hereby ordered that Eleventh Street from the north line of Frost Street to the north line of Republic Avenue in the City of Salina, Kansas 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 con- form 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.l Section 3, That it is necessary and it is hereby ordered that Phillips Street from the south line of Prescott Avenue to the north line of Charles Street in the City of Salinap.Kansas be curbed and guttered and that such street within sucig 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 inter- section 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. 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 May 3, 1937 complete plans and specifications for the improvements to be con - strutted as provided for in this ordinance including the excavation and grading as herein provided for with the following materials: For curbing and guttering: Combined Concrete Curb and Gutter with curb 12" deep at back and 24" gutter, and said City Engineer shall on or before the same date submit to the Board of Cissioners 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 5* fiat 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 improving of said streets 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 con- tracts for the improving of said streets 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 re- ceived 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 thereof for which contracts are not let* Section 6. 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 i from the Works Progress Administration or from 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 nee- essary in the construction of any of 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 Mayor, City Clerk, City Engineers City Manager and City Attorney of 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 comply 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 7e That for the improving of the above mentioned streets 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 according to the appraisers valuation thereof, without regard to the buildings or improvements thereon for the distance to be Improved. Section S. After the passage and publication of this ordinance the Board of Oommissioners 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 taxa- tion 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 taxa- tion as aforesaid as may be designated by the board of Commissiioners 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 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. Suction 9. 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 improvement bonds of the City of Salina in a 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 improve- ments special assessments covering the cost of such improvements and the apportionment therein contained shall hold good for all the In- stallments 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 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 whdre 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, except such portion thereof as may be secured as a grant from any federal or state agency. Introduced, April 19, 1937 Passed, April 26, 1937 If Ed Mor enstern Attest: Mayor Chas. E.Banker City Clerc STATE OF KANSAS ) ) as COUNTY OF SALINE ) I, Chase 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* 4740assed and approved by the Board of Comnissioners of the City of Salina April 26, 1937; and arecord-of the vote on its final adoption is found on page Journal No* 14, 01ty uleric (Published in the Salina Journal '-Yn I 1, 1937) ORDItvAIME i40. 4740 AN OR-OIEAYUE providing for the curbing and guttering and grading of Custer Street from the south line of Crawford Avenue to the north line of Republic Avenue; Eleventh Street from the north line of Frost Street to the north line of Republic Avenue; and Phillips Street from the south line of Prescott Avenue to he north line of Charles Street; and providing for the cost of such improvements and how the same shall be assessed and the manner of payment thereof. �ii1tE EAS, by Resolutions No. 680 and 681 duly adopted March 1, 1937; and Resolution No. 675 duly adopted December 14, 1936, the Board of Commissioners of the City of Salina have declared that they deem it necessary to improve certain portions of certain streets in the City of Salina to the extent hereinafter provided for and within the limits hereinafter defined, and kr�ERIrAS, said resolutions were each duly published for six days in the Salina Journal, the daily newspaper in said city and the official city paper, and no sufficient protest against said im- provements or any of them have been filed within the time and in the manner provided by law, NO4 THI ALIS UAE, BE IT OR.LiAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1e shat it is necessary and it is hereby ordered that Custer Street from the south line of Crawford Avenue to the north line of Republic Avenue in the City of Salina, nansas 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 gut- ter, 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 Eleventh Street from the north line of Frost Street to the north line of Republic Avenue in the Qty of Salina, Kansas be curbed and gut- tered 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 gr--.ded 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 dis- tance between such curb and gutter on each side of aid street to be 28 feet from toe to toe of gutter. Section 3. That it is necessary and it is hereby ordered that Phillips Street from the south line of Prescott Avenue to the -north line of Charles Street in the City of Salina, Kansas be curbed and gut- tered 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 con- structed to conform to the grade of such curb and gutter, and that at the intersections of streets and alleys said curb and gutter 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 28 feet from toe to toe of gutter. Section 4. 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 Ulerk on or before May 3, 1937 complete plans and specifications for the improvements to be construct- ed as provided for in this ordinance including the excavation and grading as herein provided for with the following materials: For curbing and guttering: Combined Concrete Curb and Gutter with curb 12" deep at back and 24`t gutter, 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 it the preceding sections of this ordinance. Section -5.. 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 improving of said streets 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 con- tracts for the improving of said streets 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 re- ceived 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 thereof for which contracts are not let. Sectioij 'E�,_ 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 Ln ergency Administration of Public Works or from the Works Progress Administration or from 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 lags 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 construction of any of such work as can be secured from the I'lorks Progress Administration or any other federal agency shall be secured to aid in the construction of"he work and improvements in this ordinance provided for, and for the purpose of securing such money or such labor from any such agancies the .Mayor, City Clerk, City Engineer, City Manager and City Attorney of :aid city are hereby authorized and directed to make and execute such applications and statBments and to furnish such other information as may be required 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 improvements shall be paid for and such cost shall be assessed as in this ordinance hereinafter provided for. Section 7.1_ That for the improving of the above mentioned streets 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 according to the appraisers valuation thereof, without regard to the buildings or Lirprovements thereon for the distance to be improved. Section A'.� 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 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>aid 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 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 3>. 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 Commissioner.% re hereby authorized and directed to issue internal improvement bonds of the City cfSalina 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 improve- ments 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 ap- portionment ordinance shall contain the total amount of tax appor- tioned 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 *aline 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 taxesEre collected; P:�OVIDED, 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 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, except such portion thereof as may be secured as a grant from any federal or state agency. Sectionl©. This ordinance shall take effect and be in force from and after its publication once in the official city paper. Introduced, April 19, 1937 Passed, April 26, 1937 Mayor ATTE&T : -C2L�Gity clerk