4573ORDINANCE NO. 4573
(Published in the Salina Journal October 9,
1935
AN ORDINANCE providing for the curbing and guttering and grading
of Kansas Avenue from the north line of Elm Street to a point
500 ee nor of the north line of Elm Street and providing
for the cost thereof and how the same shall be assessed and
the manner of payment thereof.
WHEREAS, by Resolution No. 637 duly adopted August 26, 1935s the
Board of Commissioners of the City of Salina have declared that
they deem it necessary to curb and gutter Kansas Avenue within the
limits hereinafter defined, and
WHEREAS, said resolution was duly published for six days in the
Salina Journal, a daily newspaper in said city and the official
City paper and no sufficient protest against said improvements
have been filed within the time and 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 Kansas Avenue from the north line of Elm Street to a point
500 feet north of the north line of Elm Street in the City of Salina,
i
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 intersection of said streets
and allays said curb and gutter shall be carried back to the lot line
of the street so improved, distance between such curb and gutter on
each side of said street to be 28 feet from toe to toe of 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 October 14, 1935, complete plans and specifications for the
curbing and guttering and grading of the street above mentioned
within the limits defined in Section 1 of this ordinance with the
following materials:
Combined Concrete Curb and Gutter with
curb 12 inches deep at back, and 24 inch
gutter,
and shall on or before the same date submit to the Board of Commis-
sioners 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 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 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
136
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 Cora-
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 money to be secured from the Federal Emergency
Administration of Public Works or from such other federal or state
agencies as may be authorized to advance such money or make a grant
for such purpose 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 and for the purpose of
securing such money as a grant from any such federal or state agency
the Mayor, City Clerk, City Engineer, City Manager, and all other
officials of the City of Salina are hereby authorized and directed 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 or other federal or state agency
in order to comply with the provisions of said Acts of Congress and all
regulations thereunder and with such laws as may be applicable thereto.
The remainder of the cost of such improvements shall be paid for and such
cost shall be assessed as in this ordinance hereinafter provided.
i
Section 5. That for the improving the above mentioned street
special assessments shall be made for the full cost thereof, except
that portion of such cost as may be received as a grant from the Federal
Emergency Administration of Public Works or other 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 street according to the appraisers
valuation thereof, without regard to the buildings or improvements there-
on for the distance to be improved,
§ection 6. 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 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 piedes 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
17
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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 7. For the purpose of paying the cost of the work
f
and improvements in this ordinance provided for, except such portion
of such cost as may be received as a grant from the Federal Emergency
Administration of Public Works or other 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 of such improvements and to run for
a period of ten years and be payable in ten equal installments,
together *ith 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
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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 assess-
ments 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 apportionment ordinance shall
contain the total amount of tax appprtioned 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 Ulerk shall annually, at the same time other
taxes are certified, certify to the County Clerk of Saline County,
Ksnsas, a full list of property liable for such work and improve-
ments, 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 street, between the curb and
gutter so to be constructed on each side thereof, as well as ithere
138
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, ex-
cept such portion thereof as may be secured as a grant from any
federal or state agency.
Section 8. This ordinance shall take effect and be in full
force from and after its publication once in the official city
paper*
Introduced, September 23, 1935
Passed, September 30, 1935
F. C. Peters
Attest: yor
Chas. E. Banker
City ClerR
STATE OF KIWSAS )
) SS
COUNTY OF 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. 4573 passed and approved by the Board of Com-
missioners of the City of Salina September 302 1935; and a record of
the vote on its final adoption is found on page Vd 3 Journal No. 13.
er
(Published in the Salina Journal October 9, 1935)
ORDINANCE N0. 4573
AN ORDINANCE providing for the curbing and guttering and grading
of Kansas avenue from the north line of Elm Street to a point
500 feet north of the north line of Elm Street and providing
for the cost thereof and how the same shall be assessed and
the manner of payment thereof.
WHEREAS, b� Resolution No. 637 duly adopted August 2 6, 19352 the
Board of Commissioners of the City of Salina have 4solared that
they deem it necessary to curb and gutter Kansas A$enue within the
limits hereinafter defined, and
WHEREAS, said resolution was duly public hod for six days in the
Salina Journal, a daily newspaper in aid city and the official
City paper and no sufficient protest against Said improvements
have been filed within the time and 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 Kansas Avenue from the north line of Elm Street to a point
500 feet north of the north line of Elsa Street in the City of Salina,
Kansas be curbed and guttered and that such street within such lim-
its be excavated and traded 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 intersedtion of said streets and
alleys said curb and gutter shall be carried back to the lot line
of the street so improved, distance between such curb and gutter on
each side of said street to be 28 feet from toe to toe of gutter.
Section 2e For the work and improvements herein provided for
the City Engineer shall make and file with the City Clerk on or
before October 14, 1935, complete plans and specifications for the
curbing and guttering and grading of the street above mentioned within
the limits defined in Section 1 of this ordinance with the following
materials:
Combined Concrete Curb and Gutter with
curb 12 inches deep at back, and 24 inch
gutter,
and shall on or before the same date submit to the Board of Commis-
sioners under oath detailed estimates of the cost of such work with
such mate rials.
Section S, That after dint Flnns and speelficati ons shall have
bean mace and prepared by the City Hnglnear and filed with the
City Clerk as aforesaid the board of Commissioners my advertises
by advortisew mt 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 s '-ch work, and after the reoeipt of such proposals the said
Hoard of G m issioners may and are hereby authorised to let con-
tracts for the improving of said street with the material selected
by them to the lowest responsible bidder therefor, as determined
by said Board of C+.ssioners,, and for such excavating and. rading.
Said Hoard of Commissioners reserve the right to reject any and "
all b ids e
:'ect.l on 4. `hat 45% of the coot of tho construction of
such Improvements or so much thereof as can be secured for such
purpose shall be paid fr= money to be secured from the Federal
ergoncyr► Admi.nistratIon of Public Forks or from such other federal
or state agencies as may be authorized to advance such money or
matte a grant for such purpose =der the provisions of the Acts
of Gongress of the laws of the State of Kansas in such cases made
and provided relating to the granting of money for such purposes,
and for the purpose Cid' securing such stoney ars a grant from any
suoh federal or state ageney the Mayors City Clerk, City Ingi.neor,,
City Manager, and all other officials of the City of 141ina are
hereby authorized and directed to make and execute such applications
and statements and to furnish such other Information as may be re-
quired by the adminIstrstor or the Pedarnl 7%ergency Administration
or other federal or state agency,
of Publici arks/,din order to comp -1k with the provisions of said
Acts of Congress and all regulations thereunder and with such laws
as may be applicable thereto, The remainder of the cost of such
Improvements shall be paid for and such cost shall be assessed an
In this ordinance hereinafter provided,
L*Otlon54 That for the 1aproving the above mentioned
street Special assessments shall be mads for the full cost there:of,
except that portion of such cost as may be resolved as a grant From
the Federal 41orgency A+dmi.ni s trat i on of Public Works or other federal
or state agencies$ according to lase on all lots and pieces of lend
to the center of the blook on 61thor side of the street according to
the a;ipraisere valuation, thereof, without regard to the bui -dings
or improvements therEeon for the, distanco to be improved,
Section 6* Atter the passage and Publication of this ordinance
the Loar*d. of Com# iss$oners shell appoint three disinterested
ap regset+s# useholders0 who after havinC taken an oath to mcke
a true szA impartial appraisoment of all lots and pieces of land
liable to assessment and taxation for the cost of the Improvements
h eersin provided,, for, sha3J. 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 "oars 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 C:ommiss°_onere of said city and said Board of Ccs iss` ono4rs
shell desippate a time for holding a special session of such hoard
for the purpose of hearing any complaints that may be made as to
the value of any lets or pieces of land appraised as aforesaid,,
of which special ses q! on die notice aball hey .�-.1veen in the of ictal
city pupeer,, 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 liar•
8eection 7, 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 an a grant from the Federal
a' mergencg Administration of Public Works or other federal or
state agencies, the hoard of Go meisaionors are hereby authorised
and dir"ted to Issuointernal Improvement bonds of the Gity of
Salina in an amount not to exceed the contract price of such im-
provements 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 b`iscal A&ency of
the State of Kansas) and for the purpose of paying; principal and inter-
est on said bonds as they severally bec)me due and payable the 3oard
of Commissioners shall apportion and assess against the lots and pieces
of land witljin the teasing district of such improvements special assess -
menta covering the cost of such improvements and the apportionment there-
in contained shall held good for all the installments that are to be
collected from the specific property chargeable with said improvements.
Such assessment and apoortionment ordinance shall coiztain the total
amount of tax apportioned to each tract, piece and parcel of land within
the taxin6; district and shall state the number of annual installments in
which such tax is to be oolleoted; and thereafter the City Clerk shall
annually, at the same time other taxes are certified, certify to the
County Clerk of Saline tbunty,, Kansas,, a full list of all property
liable for such worm and improvements* to4_,ether with the respective
amounts due on each of said traots, pieces and parcels of land, which
amounts shall .include the annual installments and interest on all unpaid
bales noes for one year at the rate of not to exceed 5% per annums on
such amounts so certified whcich: shall be collected as other taxes are
collected; PRC` _'DEDO that for the purpose of defraying the cost of
Improving the irtterseotions and areas formed by the crossing of streets
and alloys,and for the grading of %Lid street„ between the curb and eut-
ter so to be constructed on each side thereof, 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 ad may be secured as a grant from any federal or state agency.
Sect on g. Th3.s ordinance shell take efteat and be in full
force from and atter its publication one* in the afficial city
paper*
Attests
introduced, September 230 1935
Paesedo September 30, 1935
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