455482
_ ORDINANCE N0. 4554
( Published in the Salina Journal July 20,
1935)
AN ORDINANCE providing for the repaving of Santa Fe Avenue from the j
north line of Elm Street to the north right-of-way line of the
main line right-of-way of the Union Pacific Railroad Company and
providing for the cost thereof and how the same shall be assessed
and the manner of payment therefor.
=rE,AS, by Resolution No. 625 duly adopted on June 10, 1935s, the
Board of Commissioners of the City of Salina have declared that; they
deem it necessary to repave Santa Fe Avenue within the limits herein-
after defined and that such improvement be constructed and paid for
under the provisions of Section 13-1012 R. S. Supp. 1933 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 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 suf-
ficient 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,
Section 1. That it is necessary and it is hereby ordered that
Santa Fe Avenue in the City of Salina from the north line of Elm
Street to the north right-of-way line of the main line right-of-way
of the Union Pacific Railroad Company in said city including all
street and alley intersections and all railroad crossings across
said Santa Fe Avenue between the limits above mentioned be repaved
and that such street within such limits be excavated and graded and
drained to such extent as may be necessary for the completion of said
work and that at the intersection of streets and alleys said repaving;
shall be carried back to the lot line of the street so improved, said
work to be done and paid for under the provisions of Section 13-1012
R. S. Supp. 1933, except such portion of the cost thereof that may be
paid from a grant of ,money secured from the Federal Emergency Adminis-
tration of Public Works for such purpose and except such portion of
such cost of repaving as may be paid for by the Waterworks Department
of the City of Salina for repaving that portion of said Santa Fe
Avenue over water mains to be reconstructed by said Waterworks Department,
Section 2. For the work and improvements herein provided for the
City Engineer shall make and file with the City Clerk on or before
July 220 1935, complete plans and specifications for the repaving of
Santa Fe Avenue within the limits above mentioned (including the nec-
essary excavating and gradin; and drainage as herein provided for)
with the following materials:
711 reinforced concrete pavement;
Standard five row precast railroad crossing. Pavement to be
61 ft. in width from toe to toe of gutter.
on or before the same date the City Engineer shall prepare and, file
with the Board of Commissioners detailed estimates under oath of the
cost of such work with such materials.
83
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-
vertise, 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 fof' the excavating and grading and draining
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 improving of said street with
the material selected by them to the lowest responsible bidder
therefor, as determined by said Board of Commissioners, including
such excavating and grading and draining. Said Board of Com-
missioners reserve the right to reject any and all bids.
Section 4. That 45% of the cost of the construction of such
improvements or so much thereof as can be secured for such purpose
shall be paid from the money to be secured from the Federal Emergency
Administration of Public Works under the terms of the Acts of Congress
relating to the granting of money for such purposes and for the purpose
of securing such money as a grant from the Federal Emergency Admin-
istration of Public works the Mayor.. City Clerk, City Engineer,
City Manager, and all other officials of the City of Salina are
hereby directed and authorized to make and execute such applica-
tions and statements and to furnish such other information as may
be required by the administrator of the Federal Emergency Adminis-
tration of Public Works in order to comply with the provisions of
said Acts of Congress and all regulations thereunder. The remainder
of the cost of such improvements shall be paid for and such cost
shall be assessed as in this ordinance hereinafter provided.
Section 5. That with the exception of that portion of such
cost as may be obtained as a grant from the Federal Emergency Ad-
ministration of Public Works, the cost of paving all railroad
crossings across such street, being that portion between the rails
of such crossings, and 18" outside of the outer rails of each
railroad track, shall be paid for by the railroad companies
occupying such street and owning, operating and maintaining such
railroad crossing tracks, and such cost shall be assessed against
such railroad companies respectively and against their property
as provided by law, including Section 13-1904, R.S. 1923.
84
Section 6. That except such portion of such cost as may bd
paid from the money obtained as a grant from the Federal 'lnergency
Administration of Public Works the city at large shall sustain and
pay the total expense and cost of repaving the squares and areas
formed by the intersection of streets and all costs of drainage
necdssary to the proper construction of such improvements, and in
addition thereto one-third of the remaining cost of such repaving,
except that portion of such repaving, nine feet in width, required
by the relaying of a water main in said street, the expense of which,
except that portion thereof obtained as a grant from the Federal
Emergency Administration of Public Works, shall be paid by the
Water Works Department of the City of Salina. The repair and
general improvement funds of the City of Salina being insufficient
to meet the cost and expense of such repaving, that portion of such
cost that is to be sustained by the city at large shall be paid by
the issue of general improvement bonds and by the levy of a tax
upon the whole of the taxable property within the confines of the
city limits in the manner hereinafter provided for.
Section 7. That the remainder of the expense of such repaving
of such street shall be charged against the abutting property as now
provided by law and for the payment of the remainder of such expenses
special assessments shall be levied for the full amount of such re-
mainder according to law upon such abutting property on either side
of such street according to the appraiserts valuation thereof without
regard to the buildings or improvements thereon for each block
separately.
Section S. After the passage qnd 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 7oard 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
�J
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
f
apprkised too high or too low.
Section 9. For the purpose of paying for the work and
improvements in this ordinance provided for, except that portion
to be paid by a grant from the Federal Emergency Administration
of Public Works and except that portion to be paid by the Water-
works Department by reason of the repaving over the water mains
P P g
to be laid by it, and except such portion of such cost assessed
against the railroad companies and against private property which
may be paid in cash within the time herein provided for, the
Board of Commissioners are hereby authorized and directed to
issue internal improvement bonds of the City of Sal`na in an
amount not to exceed the contract price of such improvements
and to run for a period of ten years and be paya.)le in ten
approximately equal installments, together with interest not
to exceed 5o per annum, which bonds shall be made payable at
the fiscal agency of the State of Kansas; and for the purpose
i
of paying principal and interest on said bonds as they severally
become due and payable the Board of Commissioners shall opportion
and assess against the lots and pieces of land subject to assess-
ment for the payment of such cost, special assessments covering
that portion of the cost of such improvement which is chargeable
against such lots and pieces of land and against said railroad
companies and their lands for the payment of such part of such
cost as may be assessed against such railroad companies, and the
apportionment therein contained shall hold�-ood for all install-
ments that are to be collected from the specific property charge-
able with said improvements and from such railroad companies.
t
Such assessment and apportionment ordinance shall contain the
total amount of tax apportioned to each tract, piece and parcel
of land within the district to be taxed for such cost and against
each of such railroad companies, and shall state the number of
annual installments in whi,°h 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 assessments so made and all property
liable therefor with the respective amounts due on each of said
tracts, pieces and parcels of land which shall include the annual
installments and interest on all unpaid balances for one year
86
at the rate not to exceed 5o per annum on the amounts so certified
which shall be collected as other taxes are collected; Provided that
for the purpose of defraying that part of the cost of improving the
interse.6tions and areas formed by the crossing of streets and alleys,
as well as where the improvement is through or adjacent to any property
of the city, and all of that portion of the expense of such re -improve-
ment for which the city will be liable, the assessment shall be made
against all taxable property of the city and paid by the city at large.
SLction 10. That the money received as a grant from the Federal
Emergency Administration of Public Works to be used in part payment
of the cost of the work as in this ordinance provided _f or shall be
apportioned ratably among the several separate parts of such work,
in such proportions as t1he cost of each such separate part thereof
bears to the total cost of such work.
Section 11. This ordinance shall take effect and be in full
force from and after its publication once in the official city paper
Attest:
Introduced, July 9, 1935
Passed, July 15, 1935
Chas. E. Banker
(11 y er
STATE OF KAN SAS )
) SS
COUNTY OF aALINE )
R. J. Pafford
ayor
I. Chas. E. Banker, City `'lerk of the City of Salina, hansas.9 do
hereby certify that the above and foregoing is a true and correct copy
of Ordinance No. 4554 passed and approved by the Board of Commissibnners
of the City of Salina July 15, 1935; and a record of the vote on its
final adoption is found on page Y6 X Journal No. 13
C:Tty Clerk
(Published in the Salina Journal July 20, 1935)
ORDINANCE N0. 4554
AN ORDINANCE providing for the repaving of Santa Fe Avenue from
the north line of E]m Street to the north right-of-way line
of the main line right-of-way of the Union Pacific Railroad
Company and providing for the cost thereof and how the same
shall be assessed and the manner of payment therefor.
WHEREAS, by Resolution No, 628 duly adopted on June 10, 19358,
the Board of Commissioners of the City of Salina have declared
that they deem it necessary to repave Santa Fe Avenue within the
limits hereinafter defined and that such improvement be con-
structed and paid for under the provisions of Section 13-1012
R. S. Supp. 1933 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 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 with-
in twenty days ,from the date of the last publication thereof file
with the City Llerk a sufficient protest in writing against the
making of said improvements, NOW THEREFORE
BE IT ORDAINED BY THE BOARD OF C01MISSIONERS OF THE CITY OF SALIVA,
KANSAS:
Section 1. That it is necessary and it is hereby ordered
that Santa Fe Avenue in the City of Salina from the north line
of Elm Street to the north right-of-way line of the main line
right-of-way of the Union Pacific Railroad 'Oompany in said city
including all street and alley intersections and all railroad
crossings across said Santa Fe Avenue between the limits above
mentioned be repaved and that such street within such limits
,,aannd d rained
be excavated and grade to such extent as may be necessary for
the completion of said work and that at the intersection of
streets and alleys said repaving shall be carried back to the
lot line of the street so improved, said work to be done and
paid for under the provisions of Section 13-1012 R.S. Supp.1933,
except such portion of the cost thereof that may be paid from
a grant of money secured from the Federal Emergency Administration
of Public 'forks for such purpose and except such portion of such
cost of repaving as may be paid for by the Waterworkd Department
of the City of Salina for repaving that portion of said Santa Fe
Avenue over water mains to be reconstructed by said Waterworks
Department.
Section 2. For the work and improvements herein provided
for the City Engineer shall make and file with the City "lerk
on or before July 22, 1935, complete plans and
specifications for the repaving of Santa Fe Avenue within the
limits above mentioned (including the necessary excavating and
and drainage
gradinaas herein provided for) with the following materials:
7" reinforced concrete pavement;
Standard five raw precast railroad crossing*- lsavement
to be 61 ft, in width from toe to toe of gutter.
On or before the same date the City Engineer shall prepare and
file with the Board of Commissioners detailed estimates under
oath 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-
vertise, by advertismment published in the official city paper
of the City of Salina, "ansas 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
� and draining
section hereof, and for the excavating and gradindnecessary
N
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 street
with the material selected by there to the lowest V= responsible
bidder therefor, as determined by said Board of Commissioners,
includi hand draining
7� such excavating and grading,, Said Board of Commissioners
reserve the right to reject any and all bids,
Section 4. That 45% of the cost of the construction of such
improvements or so much thereof as can be secured for such purpose
shall be paid from the money to be secured from the Federal Emergency
Administration of Public Works under the terms of the AMAof
Congress relating to the granting of money for such purposes
and for the purpose of securing such money as a grant from the
Federal Emergency Administration of Public Works the Mayor,
City 4'lerk, City Engineer, City Manager, and all other officials
of the City of Salina are hereby directed and authorised to make
and execute such applications and statements and to furnish such
other information as may be required by the administrator of
the Federal Emergency Administration of Public Works in order to
comply with the provisions of said Acts of Congress and all
regulations thereunder. The remainder of the cost of such
improvements shall be paid for and such cost shall be assessed
as in this ordinance hereinafter provided.
Section 5. That with the exception of that portion of such
cost as may be obtained as a grant from the Federal Emergency
Administration of Public Works, the cost of paving all railroad
crossings across such street, being that portion between the rails
of such crossings, and 18" outside of the outer rails of each
railroad track, shall be paid for by the railroad companies
occupying such street and owning, operating and maintaining
such railroad crossing tracks, and such cost shall be assessed
against such railroad companies respectively and against their
property as provided by law, Aincluding Section 13-19040 R.8.1923.
Section 6. That except such portion of such cost as may
be paid from the money obtained as a grant from the Federal
Emergency Administration of Public Works the city at large shall
sustain and pay the total expense and cost of repaving the sgtsres
and areas formed by the intersection of streets and all costs of
drainage necessary to the proper construction of such improvements,
and in addition thereto one-third of the remaining cost of such
repaving, except that portion of such repaving, nine feet in width,
required by the relaying of a water main in said street, the expense
of which, except that portion thereof obtained as a grant from the
Federal Emergency Administration of Public Works, shall be paid by
the Water Works Department of the City of Salina. The repair and
general improvement
funds of the City of Salina being insufficient to meet the cost
and expense of such repavings that portion of such cost that is
to be sustained by the city at large shall be paid by the issue
of general improvment bonds and by the levy of a tax upon the
whole of the taxable property within the confines of the city
limits in the manner hereinafter provided for.
Section 7. That the remainder of the expense of such
repaving of such street shall be charged against the abutting
property as now provided by law and for tithe payment of the
remainder of such expenses special assessments shall be levied
for the full amount of such remainder according to law upon such
abutting property on either side of such street according to
the appraiserts valuation thereof without regard to the buildings
or Improvements thereon for each block separately.
Section 8. After the passage and publication of this
ordinance the Board of Commissioners shall appoint three dis-
interested appraisers householders, who after having taken an
oath to make a true and-imparital 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 afore-
said 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 ift in thier
opinion, the same has been appraised too high or too low.
Section S. For the purpose of paying for the work and
improvements in this ordinance provided for, except that portion
to be paid by a grant from the Federal Emergency Administration
IV of Public Works and except that portion4o be paid by the Water-
works Department by reason of the repaving over the water mains
to be laid by itso and except such portion of such cost assessed
against the railroad companies andlagainst private property
which may be paid in cash within the time herein 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 approximately 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 'k'ansas; 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 subject to assessment for the payment of
such cost* special assessments covering thotoportion of the cost
of such improvement which is chargeable against such lots and
pieces of land'and against said railroad companies and their lands
' for the payment of such part of such cost as may be assessed against
such railroad companiest)and the apportionment therein contained
shall hold good for all installments that are to be collected
from the specific property chargeable with said improvements and
from such railroad companieso Such assessment and apportionment
ordinance shall contain the total amount of tax appprtioned to
each tract, pleee and parcel of land within the district to be
taxed for such cost and against each of such railroad companies,
and shall state the number of annual installments in which such
tax is to be collected and thereafter the City "*lerk shall annually
at the same time other taxes are certified, certify to the County
Clerk of Saline County, Kansas, a full list of all assessments
so made and all property liable therefor with the respective
amounts due on each of said tracts, pieces and parcels of land
which shall include the annual installments and interest on all
unpaid balances for one year at the rate not to exceed 5% per
annum on the amounts so certified which shall be collected as
other taxes are collected; Provided that for the purpose of defraying
that part of 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 any property of the
city, and all of that portion of the expense of such re -
improvement for which the city will be liable, the assessment
shall be made against all taxable property of the city and paid
by the city at large,
Section 10. That the money received as a grant from the
Federal Emergency Administration of Public Works to be used in
part payment of the cost of the work as in this ordinance pro-
vided for shall be apportioned ratably among the several separate
parts of such work, in such proportions as the cost of each such
separate part thereof bears to the total cost of such work.
Section 11. This ordinance shall take effect and be in
full force from and after it publication once in the official
city paper.
Introduced# July 9. 1935
Passed* July 15, 3
Attests or
city er