4328 Street Improvements Ninth StreetORDINAiCE TATO. 4328
(First published in the Salina Journal
AN ORDINANCE providing for the repaving of Ninth Street from the south
line of Ash Street to the south line of North Street (west of Ninth
Street) and providing for the cost thereof how the same shall be
assessed and the manner of payment therefor.
1HEREAS, by Resolution No. 578 duly adopted on October 3rd, 1933, the
Board of Commissioners of the City of Salina have declared that they
deem it necessary to repave Ninth Street within the limits hereinafter
defined and that such improvement be constructed and paid for under the
provisions of Section 13-1012 R. S. Supp. 1931, and
WHEREAS, said resol77tion 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 suffi-
cient protest in writing against the making of said improvements,
NOW T'HE'REFORE
BE IT CRDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That it is necessary and it is hereby ordered that
1 inth Street in the City of Salina from the south line of Ash Street
to the south line of North Street (west of Ninth Street) in said city
be repaved, (including all railroad crossings) 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 at the intersection
of streets and alleys said repaving shall be carried back to the lot
line of street so improved, said work to be done and paid for under
the provisions of Section 13-1012 R. S. Supp, 1931,
Section 2. For the work and improvements herein provided for
i
the City Engineer shall make and file with the City Clerk on or before
December 7th, 1933, complete plans and specifications for the repaving
i
of Ninth Street (including excavation) with the following materials:
21" vertical fibre brick resurface with mastic sand cushion laid on
existing base (except where new base is required, in which case new
6" concrete base will be constructed); or
i
6" reinforced concrete pavement;
All pavement shall be 43 feet wide between edges of gutter;
Standard five row precast concrete railroad crossing;
and shall on or before the same date submit to the Board of Com-
missioners 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 ad-
vertisement published in the official city paper of the City of Sali~a,
Kansas for three consecutive days for the receipt of sealed proposals
for the improving of said street with the kind of material named ,;nd
specified in the preceding section hereof, and for the excavating and
grading no for the corpletion of such work, and. after the
r
receipt of such proposals the said Board of Commissioners may and
are hereby authorized to let contracts for the improving of said
i
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 Commissioners re-
serve the right to reject any and all bids.
Section 4. That 30% of -the cost of the construction of such
improvements or so much thereof as can be secured for such purpose
shall be paid for from money to be secured from the Federal Emergency
i
Administration of Public Works under the terms of the National
Recovery Act of the Congress of the United States approved June
i
169 1933, and for the purpose of securing such money as a grant
from such Federal Emergency Administrat'on of Public Works the
Mayor, City Clerk, City Engineer and other proper officials of the
City of §alina are hereby directed and authorized to make and execute
such applications and statements and to furnish such other information
i
as may be required by the administrato of the Federal Emergency Ad-
ministration of Public Works in order to comply with the provisions
of said Act and the regulations thereunder. The remainder of the
cost of the construction of such improvements shall be paid for and
such cost assessed as in the ordinance hereinafter provided.
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
j of Salina, Kansas for three consecutive days for the receipt of
i
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 Board
of Commissioner may and are hereby authorized to let contracts for
i
i
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 Commissioners reserve the right to reject any and all bids.
Section 4. That 30% of the cost of the construction of such
improvements or so much thereof as can be secured for such purpose
shall be paid for from money to be secured from the Federal Emergency
Administration of Public Works under the terms of the National Re-
covery Act of the Congress of the United States aT;proved June 16,
1933, and for the purpose of securing such money as a grant from
80
such Federal Emergency Administration of Public Works the Mayor, City
Clerk, City Engineer and other proper 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 Administration
of Public Works in order to comply with the provisions of said Act
and the regulations thereunder. The remainder of the cost of the con-
struction of such improvements shall be paid for and such cost assessed
as in the 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, including Section 13-1904, R. S. 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 Adminis-
tration. 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 in addition thereto one-third of the re-
maining 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 obtained as a grant
from the Federal Emergency Administration of Public Works, shall be
paid by the Water 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 rem6nder 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 appraiser's valuation thereof without
regard to the buildings or improvements thereon for each block
separately.
81
Section S. 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 havinrr 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 with-
o.zt regard to the buildings or ir-provements 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 hear-
ing any complaints that may be made as to the value ^,f 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
i
appraised too high or too low.
Section 9. For the purpose of paying for the work and improve-
ments 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 Waterworks Department by
reason of the repaving over the water mains 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 Salina in an amount riot +,o 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 pay-
able at the fiscal agency of the State of Kansas; and for the purpose
of paying principal and interest on said bonds as they severally become
due and payable the Board of Commissioners shall apportion and assess
against the lots and pieces of land subject to assessment for the
payment of such cost, special assessments covering that portion of the
cost of such improvement which is chargeable against such lots and
piece 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 good for all installments that are to be collected from the
specific property chargeable with said improvements and from such
railroad companies. Such assessment and a'.pportiorment 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 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 Salina 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 intersecti-ons
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 reimprovement
i i
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 pro7�ided 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 its publication once in the official city
paper,
Introduced Jq November 27, 1933
Passed.9 December 43, 1933
M. A. Stevenson
Attest: MayoF
Chas, E. Banker
City Clerk
i
STATE OF KANSAS )
S
COTTT•dTY OF SALINE )
I
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. 4328 passed and approved by the Board of Com-
missioners of the City of Salina, December 4, 1933; and a record of
the vote on its final adoption Is found on page Journal No. 13. j
I
1
��. -ty Clerk
ry
(Fl-ra-t published in the Salina Journal AC -c ,,,&,; L 19,53)
ORDINANCE NO. 4328
AI`' ORDINAITCE providing for the repaving of Ninth Street from the
solith line of Ash S+reet to the south line of N rth Street
(west of Ninth Street) and providing for the cost thereof
how the same shall be assessed and the manner of payment
therefor.
WHEREAS, by Resolution No. 578 duly adopted on October &M, 1933,
the Board of Commissioners of the City of Salina have declared
that they deem it necessary to repave Ninth Street within the
limits hereinafter defined and that such improvement be constructed
and paid for under the provisions of Section 13-1012 R. S. Supp.
1931, and
7HEREAS, said resolution was duly published for aix 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 Clerk a sufficient 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 .s hereby; ordered
that Ninth Street in the City of Salina from the south line of
Ash Street to the south line of North Street (west of Ninth Street)
(including all railroad crossings)
in said city be repavedpAnd 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 at the intersection of streets
and alleys said repaving shall be carried back to the lot 11ne
of street so improved, said work to be done and paid for under
the provisions of Section 13-1012 R. S. Supp. 1931.
Section 2. For the work and improvements herein provided
for the City Engineer shall make and file with the City Clerk on
or before December 7th,,1933 complete plans and specifications
for the repaving of Ninth Street (including excavation) with the
following materials;
2-P vertical fibre brick resurface with mastic sand cushion
laid on existing base (except where new base is reciAired, in
which case new 6" concrete base will be constructed); or
6" reinforced concrete pavement;
All pavement shall be 43 feet wide between
edges of gutter;
Standard five row precast concrete railroad crossing;
and shall on or before the same date submit to the Board of
Commissioners under oath detailed estimates of the cost of
such work with such materials.
• 4326-2
Section 3. That after such plans and specifications shall
have been made and prepared by the City Engineer and filed. with
the City '%lerk 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 fDr 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 com-
pletion 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, and for such excavating
and grading. Said Board of Corrmiissioners reserve the richt to
reject any and all bids.
Section 4. That 30% of the cost of the construction of such
improvements or so much thereof as can be secured for such purpose
shall be paid for from money to be secured from the Federal Emergency
Administration of Public Works under the terms of the National
Recovery Act of the Congress of the United States approved June
16, 1933, and for the purpose of securing such money as a grant
Emergency
from such Federal/Administration of Public Works the Mayor, City
Clerk, City Engineer and other proper officials of the City of
Salina are hereby directed and authorized 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 pro-
visions of said Act and the reTtilations thereunder. The remainder
of the cost of the construction of such improvements shall be paid
for and such cost assessed as in the ordinance here3.nafter provided.
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 Comm ssi.oners may ad-
vertise, by advertisement published in the official city paper
of the City of Ualina, 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 com-
pletion of such work, and after the receipt of such proposals the
said. Board of Commissioner 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 s.ch excavating
and grading. Said Board of Commissioners reserve the right to
reject any and all bids.
Section 4, That 30% of the cost of the construction of such
improvements or so much thereof as can be secured for such purpose
shall be paid for from money to be secured from the Federal Emergency
Administration of Public Works under the terms of the National
Recovery Act of the Congress of the United States approved June 16,
1933, and for the purpose of securing such money as a grant from
such Federal Emergency Administration of Public Works the Ma-
City Clerk, City Engineer and other proper officials of the City
of Salina are hereby directed and authorized to make and execute
such applications and statements and to furnish such other informa-
tion as may be required by the administrator of the Federal Emergency
Administration of Public J'iorks in order to comply with the nrovi si.ons
of said Act and the regulations thereunder. The remainder of the
cost of the construction of such improvements shall be paid for
and such cost assessed as in the ordinaned hereinafter provided.
Lection 5. That with the exception of that portion of
such cost as may be obtained as a grant from the Federal Emergency
Administrat on of Public Works, the cost of paving all railroad
crossings across such street, being that portion between the rails
of such crossings, and 18?1 outside of 11le o lt-,r _ • e , ,
�- '
^o�u. track, shall be paid for by the railroad companies occupying
such, street and owning, operating and maintainsuch 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.
bection 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 squares
and areas formed by the intersection of streets and in addition
thereto one-third of the remaining cost of such repaving, except
that portion of such repaving, nine feet in width, req>>i_red by
the relaying of a water main in said street, the expense of which,
except that portion obtained as a grant from the Federal Emergency
Adminstration of Public Works, shall be paid by the 7!ater Depart-
ment of the City of Lali.na. The repair and general improvement
funds of the City of =ali_na being insuf -icient to meet the cost
and expense of such repaving, that portion of such cost that is to
be s,_a.sta.ined by the city at large shall be paid by tine 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 lim'is in
the manner hereinafter provided for.
Lection 7. That the remainder of the expense of such repav-
ing of such street shall be charged against the abutting property
as now provided by law and for the payment of the remainder of such
ey:penses 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 disinterested
appraisers, householder; 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 Commissionersof 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 ,iven 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, t#e same has been appraised too high or too low,
Section 9. For the purpose of paying for the work and improve-
ments in this ordinance provided for, except that portion to be
Emergency
paid by a grant from the Federal/Administration of Public Works
and except that portion to be paid bsr the Waterworks Department
by reason of the repaving over the water mains 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 intern4l improvement
bonds of the City of Salina in an amount not to exceed the con-
tract 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 Kansas;
and for the pnnpose 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 that portion of the cost of such improve-
ment which is chargeable against such lots and piece 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 good for all installments that are to be collected
from the specific property chargeable with said imppovements and
from such railroad companies. 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 r. each of such rairoad companies,
and shall state the number of annual in-tallments 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 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 rete
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 ad-
jacent to any property of the city, and all of that portion of
the expense of such reimprovement 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 pay -
as in this
ment of the cost of the work "r ordinance provided 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 its publication once in the official city
paper.
Attest:
Introduced, November 27, 1933
Passed, December 4, 1933
ayor
City Clerk