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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 l i 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 i 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 M00i ..�.�..� .._..c. .R �..