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4716 Street Improvements478 r ORDIXANCE N0. 4716 --------_ _ _ _..- --------1 Published- in._-- the _._Salina Journal AN ORDINANCE providing for the curbing and guttering and grading of Phillips Street from Charles Street to Crawford Avenue; Kirwin Avenue from Ninth Street to Highland Avenue; Oakdale Avenue from Elm Street to a point 550 feet north of Elm Street; Connecticut Avenue from Iron, Avenue to Johnstown Avenue; Eleventh Street from Frost Street to Re- public Avenue; and for the paving of the unpaved portion of Ninth Street from Jewell Street to Cloud Street, and for the recurbing and regutter- ing and the paving of a portion of Eighth Street from Ash Street to Iron Avenue and from Iron Avenue to Walnut 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. 644 and 645 duly adopted October 28, 1935 and Resolutions No. 673 and 674 duly adopted November 162 1936, and Resolution No. 675 duly adopted December 14, 1936, and Resolution No. 646 duly adopted October 28, 1935, and Resoluti6n No. 668 duly adopted August 1, 1936, and Resolution No. 671 duly adopted August 14, 1036, the Board of Cormiissioners 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 e,, -tent hereinafter° provided for and within the limits 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 improverlents 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 Comr.iissioners of the City of Sal na, Kansas: Section 1. That it is necessary and it is hereby ordered that Phillips Street from the south line of Charles Street to the north line of Crawford Avenue in the City of Salina, Kansas be curbed and guttered and that such street within such limits be excavated and graded to such e, -:tent as may be necessary for the completion of said work, and that said street so graded between the curbs and gutters 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 2. That it is necessary and it is hereby ordered that Kirwin Avenue from the east line of Ninth Street to the west line of Highland 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 curbs and gutters 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 28nfeet from toe to toe of gutter. Section 3. That it is necessary and it is hereby ordered that Oakdale Avenue from the north line of Elm Street, thence north 550 feet to the north line of Lot 21, Block 1, Riverside Park Addition, extended west, 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 corlpletion of said work, and that said street be graded between the curbs and gutters 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 &aid street to be 28 feet from toe to toe of gutter. Section 4. That it is necessary and it is hereby ordered that Connecticut Avenue from the north line of Iron Avenue to the south line of Johnstown 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 curbs and gutters 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 i�proved, 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 Eleve Street from the north line of Frost Street to the north line of Republ Avenue in the City of Salina, Kansas be curbed and guttered and that h street within such limits be excavated and t ,I graded to such extent a may be necessary for the completion of said work, and that said street graded between the curbs and gutters so constructed, to conform to tl grade of such curb and gutter " and that at the intersection of stye s and alleys said curb and gutter shall be carried back to the lot e of the street so im- proved, the distance between such curb and g er on each side of said street to be 23 feet from toe to toe of gutt Section 6. That it is necessary and it is hereby ordered that the ubpaved portion of Ninth Street being that portion lying out- side of the present paved slab on said street and inside of and be- tween the present existing combined concrete curb and gutter on each of said side/street from the north line of Jewell Street to the north line of Cloud Street in the City of Salina, Kansas, be paved and that such portion of said street within such limits be excavated and graded to such extent as will be necessary for the completion of said work and that at the intersection of streets and alleys said paving shall be carried back to the lot line of the street so improved. Sectlon 7. That it is necessary and it is hereby ordered that Eighth Street from the south line of Ash Street to the north line of Iron Avenue in theCity of Salina, Kansas be recurbed and reguttered and that an additional seven feet in width on each side of said street 480 outside of the present paving on said street and between the present paving and the recurbing and reguttering to be constructed as herein provided for between the limits above mentioned, be paved together with such excavation and grading as may be necessary to construct the improve- ments herein provided for, Section Be That it is necessary and it is hereby ordered that Eighth Street from the south line of Iron Avenue to the north line of Walnut Street in the City of Salina, Kansas be recurbed and re - guttered and that an additional seven feet in width on each side of said street outside of the present paving on said street and between the present paving and recurbing and reguttering to be constructed as herein provided for between the limits above mentioned, be paved together with such excavation and grading as may be necessary to con- struct the improvements herein provided for. Section 9. 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 January 30th, 1937, complete plans and specifications for the improvements to be constructed 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 For paving on portions of Ninth Street: Reinforced concrete paving 6" thick For recurbing and reguttering and paving on portions of Eighth St: Combined Monolithic Concrete curb, gutter and paving with curb 16" deep at back and reinforced concrete paving 6" thick, 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 -L'�n$ineer for each of the separate improvements provided for in the preceding sections of this ordinance, Section 10, 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 ConMissi overs 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 sections hereof, and for the 481 i 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 contracts for the improving of said streets with the material selected by them to the lowest responsible bidder or bidders thereof, as determined by said Board of Corunissioners, and for such excavating and grading. Said Board of Corm-nissioners re- serve the right to reject 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 t'ngineer covering such work, the Board of Coimmissioners 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 11. 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 from the VTorks 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 nansas in such cases made and provided relating to the grant - int of money for such purposes or such portion of the labo- as may be necessary 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 improve- ments 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 Engineer, 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 col -ply 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 12. 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 13, 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 pro- ceed 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 lard 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 14. 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 Cormnissioners 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 improve- ments 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 Coiissioners 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 il_provements 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 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 483 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 improvement is through or adjacent to property of the city f or 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 15. This ordinance shall take effect and be in full force from and after its publication once in the official city paper. Attest: Introduced, January 25, 1937 Passed, Chas. E. Banker City Clerk STATE OF KANSAS ) S COUP:TY OF SALINE ) January 27, 1937 F. C. Peters mor I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do herebyO certify that the above and foregoing is a true and correct copy of rdinance T,To. 4716 passed and approved by the Board of Com- r.:issioners of the City of Salina January 27, 1937; and a record of the vote on its final adopt5_on is found on page Irr Journal No. 14 City lerk (PubliPed in the Salina Journals 9 1937) ros, t. ORDINANCE N0. 4716 AN ORDINANCE providing for th6 curbing and guttering andradiaS of Phillips Street from Charles Street to Crawford Avenue; Kirwin Avenue from Ninth Street to Highland Avenue; Oakdale Avenue from Elm Street to a point 550 feet north of Elm Street; Connecticut Avenue from Iron Avenue to Johnstown Avenue; Eleventh Street from Frost Street.to Republic Avenue;land for the paving of the unpaved portion of Ninth Street from Jewell Street to Cloud Street, and for the recurbing and re - guttering and the paving of a portion of Eighth Street from Ash Street to Iron Avenue and from Iron Avenue to Walnut 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. 644 and 645 duly adopted October 28,, 1935 and Resolptions No. 673 and 674 duly adopted November 16, 1936, and Resglution No. 675 duly adopted December 14, 1936, and Resolution Noi 646 duly adopted October 28, 1935, and Resolution No. 668 duly adopted August 1, 1936, and Resolution No, 671 duly adopted August 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 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 im- provements or any of them have been filed within the time and in the manner provided by laws 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 Phillips Street from the south line of Charles Street to the north line of Crawford Avenue in the City of Salina, Kansas be curbed and guttered and that such street *1thin such limits be excavated and graded to such extent as may be necessary for the coy.-pletion of said work, and that said street be graded between the curbs and gutters 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 2. That it is necessary and it is hereby ordered that K,irwin Avenue from the east line of Ninth Street to the west line of Highland 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 cow lotion of said work, and that said street be graded between the curbs and gutters 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 tope to toe of gutter. Section 3. That it is necessary and it is hereby ordered that Oakdale Avenue from the north line of Elm Street,*=x = thence—.' 550 feet to the north line of Lot 210 Block 1, Riverside Park Addition extended westp in the City of Salina, Kansas be curbed and guttered and that such street within such limits be excavated and gtaded to such extent as may be necessary for the completion of said work, and that said street be graded between the curbs and gutters 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 Connectignta Avenue from the north line of Iron Avenue to the south line of Johnstown 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 curbs and gutters 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. on.5. That it is necessary and it is hereby ordered that Eleventh st t from the north line of Frost Street to the north line of Republic enue in the City of Salina, Kansas be curbed and guttered and that ch street within such limits be excavated and graded to such extent a may be necessary for the completion of said work and that said stre be graded between the curbs `�: , and gutters so constructed, to confo to the grade of such curb and gutter, and that at the intersection o treets and alleys �I k� said curb and gutter shall be carried back tolot line of the street so improved, the distance between such curb gutter on each side of said street to be 28feet from toe to toe o. Iter• Section 6. That it is necessary and it is hereby ordered t the unpaved portion of Ninth Street being that portion lying out- side of the present paved slab on said street and inside of and between the present existing combined concrete curb and gutter on each side of said street from the north line of Jewell Street to the north line of Cloud Street in the City of Salina, Kansas, be paved and that such portion of said street within such limits be excavated and graded to such extent as will be necessary for the completion of said work and that at the intersection of streets and alleys said paving shall be carried back to the lot line of the street so improved. Section 7e That it is necessary and it is hereby ordered that EighthrS-treet from the south line of Ash Street to the north line of Iron Avenue in the City of Salina, Kansas be recurbed and re - guttered and that an additional seven feet in width on each side of said street outside of the present paving on said street and between the present paving and the reeurbing and reguttering to be constructed as herein provided for between the limits above mentioned, be paved together with such excavation and grading as may be necessary to construct the improvements herein provided for* Section % that it is necessary and it is hereby ordered that Eighth Street from the south line of Iron Avenue to the north re line of Walnut Street in the City of Salina, 4nsas be/curbed and reguttered and that an additional seven feet in width on each side of said street outside of the present paving on said street and be- tween the present paving and the recurbing and reguttering to be constructed as herein provided for between the limits above mentioned, be paved together with such excavation and grading as may be nec- essary to construct the improvements herein provided for* Section 90 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 January 30th, 1937, complete plans and specifications for the improvements to be constructed 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 For paving on portions of Ninth Street: Reinforced concrete paving 6" thick For recurbing and reguttering and paving on portion-sof Eighth St: Combined Monolithic Concrete curb, gutter and paving with curb 16" deep at back and reinforced concrete paving 6" thick.9 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 preceding sections of this ordinance* Section 10• 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 works 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 COMIssioners, and for such axeavating 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 11. Mat 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 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 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 Engineer, City Manager and City Attorney of said city are hereby authorized and directed to make and execute such applica- tions and statements and to furnish such other information as may be required by any such agency in order to comply with the require- ments of such agency in iiia 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\12. `hat for the improving of the above mentioned ned streets species. 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 Pn all lots and pieces of land to the center of the block on either side of the streetAto be improved according to the appraisers valuation thereof, without regard to the buildings or improvements thereon for the distance to be improved. Section 13• After the passage 22 and publication of this ordinance the Board of Commissioners shall appoint three dis- interested appraisers, householders, who after ha-ving 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 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 Com- missioners 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 14. 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 i•provement bonds of thr. C41.tr of Salina in an amount not to exceed the Con- or cost tract price/Of such improvements and to run for a period of ten years and be payable in ten equal installments, to~ether 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 app;ortfon and assess against the lots and pieces of land within the taxing district.as)f such improvements special assess- ments covering the cost of such ir!Trovements and the apportion- ment 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 sshall contain the total amount of tax apportioned to each tract, piece and parcel of land within the taxing distric',sand 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 between the curb and nutter so to be grading of said streetp be ordinance w nstructed on each side thereof,where t1v same is provided for in this, as well as vAere the improve- ment 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 15. This ordinance shall take effect and be in full force from and after its publication once in the official city paper* Introduced, January 25, 1937 Passed, January 2 7, 1937 Attest: mayor City er