4868 Street ImprovementsORDINANCE N0. 4868
(Published in the Salina Journal 1938)
AN ORDINANCE providing for the curbing and guttering and grading of
Seventh Street from the north line of Pacific Street to the
south line Marsh Street; dlark Street from the south
�l.ine of Walnut Street to the nor Me—of Spruce Street;
Columbia Avenue from the south line of Iron Avenue to the
north -line o gypsum Avenue; 'Front Street from the north
line of Iron Avenue to the souM Iine o' sh Street; Kirwin
Avenue from the west line of Santa Fe Avenue to the easY—
I3ne of Highland Avenue, and for the paving and grading
the`�'al��l�e lying between Santa Fe Avenue and Fifth Street
fromie south line of Walnut Street to the north line of
Mulberry Street, and providing for the cost of such improve-
ment and how the same shall be assessed and the manner of pay-
ment thereof.
WHEREAS, by Resolution No. 711 duly adopted November 8, 1937, Resolution
No. 712 duly adopted November 8, 1937, Resolution No. 713 duly adopted
November 8, 1937, Resolution No. 720 duly adopted April 41 1938, Resolu-
tion No. 721 duly adopted April 4, 1938 and Resolution No. 723 duly
adopted May 9, 19380 the Board of Commissioners of the City of Salina
have declared that they deem it necessary to improve certain portions
of certain streets and alleys in the City of Salina to the extent pro-
vided for in said resolutions and as hereinafter provided for and with-
in the limits provided for in said resolutions and as hereinafter de-
fined., and
WHEREAS, 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 against said improvements
or any of them have been filed within the time and in the manner provided
by law, and said Resolution No. 723 relating to Kirwin Avenue provides
for the curb, gutter and grading of said street from the west line of
Santa Fe Avenue to the east line of Highland Avenue, which street within
said limits is an intervening connecting street between two adjacent
parallel streets whic$ have been graded, curbed and guttered and paved
by reason of which said proposed improvements may be made without regard
to the protests of property owners affected thereby, NOW THERITORE
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
Seventh Street from the north line of Pacific Street to the south line
of Harsh Street be curbed and guttered and that such streetwithin 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 im-
proved, thedistance between such curb and gutter on each side of said
street to be 20 feet from toe to toe of gutter.
Section 2. That it is necessary and it is hereby ordered that
Clark Street from the south line of Walnut Street to the north line
of Spruce Street be curbed and guttered and that such street within
such lirnits 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 23 feet from toe to toe of gutter.
Section 3. That it is necessary and it is hereby ordered that
i
Columbia Avenue from the south line of Iron Avenue to the north line
of Gypsum Avenue be curbed and guttered and that such street within
i
such limits be excavated and graded to such extent as may be nec-
essary for the completion of said work, and that said street be
t
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
w
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.
i
Section 4. ''hat it is necessary and it is hereby ordered that
i
Front Street from the north line of Iron Avenue to the south line
i
j of Ash Street be curbed and guttered and that such street within
I
such limits be excavated and graded to such extent as may be nec-
essary 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
y 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 5. That it is necessary and it is hereby ordered that
Kirwin Avenue from the west line of Santa Fe Avenue to the east
line of Highland 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 6. That it is necessary and it is hereby ordered that
the alley lying between Santa Fe Avenue and Fifth Street fron the
south line of Walnut Street to the north line of Mulberry Street be
paved 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 7. 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 June 6th, 1938 complete
91�
098
plans and specifications for the improvements to be constructed as pro-
vided for in this ordinance including the excavation and grading as here-
in provided for with the followi g 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 pre-
ceding sections of this ordinance.
Section 8. 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 advertise-
ment published in the official city paper of the City of Salina, lansas
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 nec-
essary 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 improving of said streets with the material
selected by them to the lowest responsible bidder or bidders therefor,
as determined by said Board of Cormnissioners, 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 pro-
ceed 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 9. That such portion of the cost of such improvements
as can be secured for such purpose shall be paid from money to be se-
cured from the Federal Emergency Admininstration 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 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 nec-
essary in the construction of any such work as can be secured from the
Works progress Administration or any other federal agency shall be
E
secured to aid in the construction of the work and improvements in
i
this ordinance 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 of said city are hereby
authorized and directed to make and execute such applications and state-
ments and to furnish such other information as may be required by any
3 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
I
in this ordinance hereinafter provided for.
Section 10. 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
i
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 assess-
ments shall be against all
g property abutting on said alley, as pro-
vided b law, all according to the
i
y , g appraisers valuation thereof, with-
out regard to the buildings or improvements thereon for the distance
r
to be improved.
Section 11. After the passage and publication of this ordin-
ance the Board of Cor=issioners shall appoint three disinterested
appraisers, householders, who after having taken an oath to make a
i
s 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
k 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 appraise-
ment 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
i
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.
400
Section 12. 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 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 distfict 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 charge-
able 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 there-
after the City Clerk shall annually, at the same time other taxes are certi-
fied, 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 5J 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 improv-
ing 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 13. This ordinance shall take effect and be in force
from and after its publication once in the official city paper.
Introduced, May 16, 1938
Passed, May 23, 1938
Ed Morgenstern
Attest: Mayor
Chas. E. Banker, City Clerk
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. 4868
passed and approved by the Board of Com-
missioners of the City of Salina May 23, 1938; and a record of the
vote on its final adoption is found on page X95 Journal No. 14.
i
i
y Clerk-
( Published in the Salina Journal c,,l -51 1938 )
ORDINANCE N0. 4868
AN ORDINANCE providing for the curbing m d guttering and grading of
Seventh Street from the north line of Pacific Street to the south
line of -Harsh -street; Clark Street from the south line of Walnut
Street to the north line o pruce Street; Columbia Avenue from
the south line of Iron Avenue to the north line or Ty-psum Avenue;
Front Street from the north line of Iron Avenue to the south line
of Ash Street; Kirwin Avenue from the west line of Santa Fe Avenue
to the east line oT'H��an� Avenue, m d for the paving and grad-
ing the aal__l__ev lying between Santa Fe Avenue and Fifth Street from
the south Iine of Walnut Street to the north line of Mulberry
Street, and providdrigfor the cost of such improvements and how
the same shall be assessed and the manner of payment thereof.
WHEREAS, by Resolution No. 711 duly adopted November S. 1937, Reso-
lution No. 712 duly adopted ovember 8, 1937, Resolution No. 713
duly adopted November 8, 1�3 ; Resolution No. 720 duly adopted
April 4, 1938, Resolution No. 721 duly adopted April 4, 1938 and
Resolution No. 723 duly adopted May 91 1938, the Board of Commissl6ners
of the City of Salina have declared that they deem it necessary to
improve certain pbrtibns of certain streets and alleys in the City
of Salina to the extent provided for in said resolutions and as herein-
after provided for and within the limits provided for in said resolu-
tions and as hereinafter defined, and
WHEREAS, 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 against said
improvements or any of them have been filed within the time and in
the manner provided by law, sad said Resolution No. 723 relating to
Kirwin Avenue provides for the curb, gutter and grading of said
street from the west line of Santa Fe Avenue to the east line of
Highland Avenue, which street within said limits is an intervening
connecting street between two adjacent parallel streets which have
been graded,curbed and guttered and paved by reason of which said
proposed improvements may be made without regard to the protests of
property owners affected thereby, NOW THEREFORE
BE IT ORDAINED by the Board of Commissioners of the pity of Salina,
Kansas:
Section 1. That it is necessary and it is hereby ordered that
Seventh Street from the north line of Pacific Street to the south
line of Harsh Street be curbed and guttered and that such street with-
in such limits be excavated and graded to such extent as may be nec-
essary 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 C�{"28 feet from toe to toe of gutter.
Section 2. That it is necessary and it is hereby ordered that
Clark Street from the south line of Walnut Street to the north line
of Spruce Street be curbed and guttered and that such street within
such limits be excavated ea d 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 23 feet from toe to toe of gutter.
Section 3. That it is necessary and it is hereby ordered that
Columbia Avenue from the south line of Iron Avenue to the north
line of Gypsum 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 4. That it is necessary and it is hereby ordered that
Front Street from the north line of Iron avenue to the south line
of Ash 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 shallbe 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 5. That it is necessary and it is hereby ordered that
Kirwin Avenue from the west line of Santa Fe Avenue to the east
line of Highland 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 228 feet from toe to
toe of gutter.
Section 6. That it is necessary and it is hereby ordered that
the alley lying between Santa Fe Avenue and Fifth Street from the
south line of Walnut Street to the north line of Mulberry Street
be paved 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 7. 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 June 6th, 1938
complete plans and specifications for the improvements to be con-
structed 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; pro-
vided that separate plans, specifications and estimates shall be
made and filed by the City Engineer for each of the separate im-
provements provided for in the preceding sections of this ordinance,
Section .8. That after such plans and specifications shall
have been made and prepared by the City Engineer and filed wittt
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 re-
ject 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 thereof for which contracts are not let.
Section 9. That such portion of the cost of such improvements
as can be secured for such purpose shallbe paid from money to be
secured from the Federal Emergency 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 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 construction 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 construc-
tion of the work and improvements in this ordinance provided for,
and for the pmrpose of securing such money or such labor from any
such agencies the Mayor, City ClerIj City Engineer, City Manager
and City Attorney of said city are herebj 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
to this ordinance hereinafter provided for.
Section 10.
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 for the curb and gutter improvements provided for in
this ordinance, and for the alley improvements, such special assess-
ments shall be against all property abutting on said alley, as pro-
vided by law, all according to the appraisers valuation thereof,
without regard to the buildings or improvements thereon for the distance
to be improved.
Section 11. 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 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.
Section 12. 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 here-
by authorized and directed to issue internal improvement 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 he 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 t#erein contained shall hold
good for all the installments that are to be collected from the
specific property chargeable with said improvements. Such assess-
ment 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 install-
ments in which such tax is to be collected; and thereafter the
City Clerk shall annually, at the same time other taxes are certi-
fied, 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 13. This ordinance shall take effect and be in force
from and after its publication once in the official city paper.
Introduced, May 16, 1938
Passed, May 23, 1938
ATTEST:
Ed Morgenstern; yor