4119 Paving of North StreetORDIfANCE NO. 4119
AN ORDIi\..NCE �.rolriding for and requiring the paving of certain portions �
of North Street in the City of Salina between the east line of
Santa Fe Avenue and the west line of Fifth Street, occupied. by
certain railroad companies.
1
BE IT ORDAINED BY THE 30.tRD OF COlv1i:'iI66I'jNER6 OF THE CITY OF SALIVA, KANSAS.
Section 1. That that portion of North Street in the City of Salina,
i �
Kansas, lying between the east line of Santa Fe Avenue and the west line
of Fifth Street in said city, which is used or used or occupied by the
Atchison, Topeka & Santa Fe Railroad Company and The Union ladific Rail-
road Company, including all of the space between the tracks of the lines
of railway of s aid companies lying ,!ithin said portion of North Strer-t
and eighteen inches on the outside of each of the rails of said tracks,
and all space lying betveen two or more tracks, turnouts and switches
lying within said portion of said street, be paved with 3 inch brick
paving on 6 inch concrete base,with asphalt filler and sand cushions,
together with such grading and excavation as may be necessary in con-
nection with said paving, all of such work to be done in accordance
�^,,ith the plans and specifications therefor to be prepared by the City
Engineer of the Cit, of Salina as hereinafter provided for, and api-.roved
by the Board of Commissionersp
Section 2. That -n or before the 7th day of December, 1931, the
City Engineer of the City of Salina shall prepare and file in the office
of the City Clerk detailed plans and specifications for the improvements
to be constructed as provided for in Section 1 of this ordinance and on
or before the same date shall file in the office of the City Clerk a de-
tailed estimate, under oath, of the cost of said work. After said plans
and specifications and estimate of cost shall have been filed in the
office of the City Clerk and approved by the I'oard of Com-rissioners the
City Clerk shall advertise for bids for the construction of said i^-prove-
ments, by advertisement published for at least three consecutive da -Ts in
the official city paper of the time and place for receiving sealed bids
for the construction of such work, at which time and place the Board of
Commissioners mal, award a contract to the lowest and best bidder, but
the Board of Commissioners reserve ':he right to refect any and all bids.
Section 3. That the Atchison, 'Topeka & Santa Fe Railroad Company
shall- pay the cost of grading and paving all of that portion of said
North Street to be _.awed as herein provided for, which is used or
occupied b -T said railraod company, consisting of the space between the
tracks and eighteen inches outside of each of their rails, and all of
the space between t -o or more tracks, turnouts or s«,ritches occupied or
used by said company and lying v:ithin said i--ortion of North Street here-
inabove described, and in addition thereto said railroad company shall
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pay one half of the cost of paving that rortion of North Strut
abrve described :,;hick lies betreen the tracks of the Atchison, Topeka
& Santa Fe Railroad Company and the Union Pacific Railroad Co.npany.
Section 4. That the Union Pacific Railroad Company shall pay
the cost of grading and raving all of that portion of said North
j Street to be .,-,aved as herein provided for, thick is used or occupied
i
by said railroad company, consisting of the space between the tracks
and eighteen inches outside of each of their rails, and all of the
space betv,een two or more tracks, turnouts or sc,itches occupied or
used by said company and lying within said portion of North Stre-t
hereina'-)ove described, and in addition thereto said railroad company
shall pay one half of the cost of paving that ortion of North Street
i
above described which lies between the tracks of th- Union Pacific
Railroad Company and the Atchison, Toreka & Santa Fe Railroad. Company.
Section 5. That after the contract for said work is awarded
and the cost '-hereof is determined, that portion of said cost which
is to be Taid by each of said railroad companies herein above mentioned
shall be by ordinance of the City of Salina assessed and taxed against
said companies like other taxes, and such costs shah be alien uron all
of the r,roperty and franchises of said companies, as provided for by
Section 13-1904 Revised Statutes 1923. If after such costs have been
ascertained and assessed and taxed against said railroad companies
as above provided for, said railroad companies or either of them shall
fail to pay that r.ortion of s,1ch cost assessed and taxed against either
of s,ich companies, the City Clerk small and he is hereby directed to
certify such tax and assessment to the County 'lerk of Saline County,
Kansas, together with interest thereon at the rate of 6 percent per
annum from the date such assessment or tax was levied by the Board of
Commissioners, to 'e placed upon the tax rol s of Saline County, Kansas,
and collected as other taxes levied against railroad co-^panies o'-n.ing
property in Saline County, Kansas are collected.
Section 6. This ordir_ancd shall take effect and be in force ''from
and after its ru.blicati-n in the official city paver.
Introduced November 9th, 1931
Passed,
IT 16th, 1931
IJ . A. Stevenson
��Ia �T Or
Attest:
Chas. E. Banker
City lerk
i
STaTE OF KA1dSeS )
COUNTY Or SaLI NE )
I, Chas. E. Banker, City Clerk of the City of Salina, nansas, do
hereby certify that the above and foregoing is a true and correct cops*
of Ordinance No. 4119 passed and approved by the -board of Comr issioners
of the City of Salina, Kansas, November 16th, 1931; and a record of the votie
on its final adoption is found on page,. (Journal No. 12.
City Clerk
r a
t
�' � } f• Y! ' a ,4 y.. y 1 , 'rte ti� 'C it '. F f' f t -
(Fublished i'n The Salina, Journal z,,-1 3
hW ORDINANOE Tao 4119
An oraina"rice prow=ading•-'for.-and reguiring •the•paving of `certain
portions, of'North; Street in the', City' of,Salina. bet'we.en •the East
1`ine' of Santa 'Fe Avenue` and the L"lest Line of;Fifth Street, ,.onto ., :.
,'.pied,by certain rail road`.companies r
+ BE IT ORDAINED by the Boar d'of Commissioners of't'he City,of Sallna,`:
Kan s a`s , . �.
SEdTION 1 That that portion•of, North Streetln.the City ofySallna,.
ti Kansas, lying betyree`n, the yeast line .,of„Santa Fe -Avenue-nand the': west
llneof Fifth Street ln” sald', city, ,`:v?hich ;i's' used or occupied by
;
y t .
the Atchison, Topeka & Sant a,F Ral]:r,oad Co.impany 'and The Uniori pati-
r .:
fid --Railroad Company, including all voi the space betvreen the, tracks'~
s,
of the llne_s of railvay,of 'said companies siyirig �6ithin,:said portion,
of`North Street,•and eighteen,inches;`on tne';outsl.de of each of` -.the
roils' of said tracks, .and alT space:`lyingt,betweeri' two or more ctrack's;`
turnouts and swit'cnes lying wthln: said portion 'of sal d' street; be-
paved1wlth,. '.g inchfbrick paving on 'i6 lilchrconcrete tease, "with..'
asplialt filler and ,sand cushions, together: vith :s.ach grading`+and ex
cavation as may -be necessarys in connedtion;,W-ith-s'ald paving,; all of ;
such work.to be done in; ccordance with the plans and speclfications.
therefor to: be crenared byrtheCity.En�lneer of the City of Salina
as_ herelnaf;ter provided -for, and approved by the $oard- 'of Commissioners:
UECTSOhT ?. `That :on or before `the.1nay==, of'egem , +1931 '
the tiCity Lnglneer;of thet City, of Salina{ shall nr'epare andfile•aln
ther.'.office`rof the''City'0lerk detailed plan's and specifl°catiorsfor the
improvements to be constructed as provlded, for, in -.Section I. of. this'd
ordi,nanee 'and -,,on or befoVe the• same ,date shall fide in 'the -office. '' 4
of the City'Clerk a data -lied dstimate, under oath; of the post of :'p al d
work.:: After said, plans: and speciflcat ions `and e timate ,of cost hall
�.:
have''been filed in the offlce;.of the,,�Cit, Clerk a'nd, approved by the,'
Board of Commissioners ,the City Clerk shalY;advertise.fo%'r olds'"for
the construction of said lmpxovements, by advertisement published for
at least ,three Qonsecuti•ve .days in the offi ciao city Raper of the .
time �-and place ,for receiving sealed .bids dax the construction 'of such
work, atv$ {ch, time and •place ,the Board of Commis'sdonlors may ,award
+ .«
a contract'to'the•.lotivestl and best bidder,,butthe'.B0ard of Commissioners
reserve. th@ i iht,'ta r.ject =anyna'all bids
u
2.
•SECTION.3. That the Atchison, Topeka & Santa; Fe.Rai lroad.Company
shall pay the cost-,of grading and,. paving all .of. that ,porti-on of- said
North Street to.be paved as herein provided for, vhich'is used or
occupied by•said railroad company,consfsting of the space between
the'.tracks.'and eighteen inches ,outside of. each of. their rails;'and all
• of the space betwe•en'••two or-more tracks turnouts or sw-itches occupied
or used by said company and-1•ying-within :said portion of,•North,.Street
hereinabove, described addition thereto said a.rai,lroad•coinhany "
Shall pay one half •'-of.'the ;cost 'of paving'-that portion .of. North, Street
above described which lies between, the tracks-of the:Atchis'on, Topeka.
Santa.Fe .Railroad Company'and'the Union.Pacific Railroad`Company..
SECTION 4. That the Union. -Pacific Railroad Company shall payy 'ihe 'const
Of grading and .pav;ing all of that portion of..saia ,North 'Stre'et.•t�o be
paved as.herein provided for, which is used; or occupied. by saidrail
road .company ,,con sisti,nt of the space between the tracks and eighteen
inches outside.of each of their rail's, and all of'the's.pace betiieen•
two` or more:, tracks, turnouts,..or,;switches. occupied' or. used. by said
company .and lying,within said portion of 'North Street. hereinabove.
described';. and-in.-addition thereto :said railroad'comariy. shall '-pay
one' half of the cost of paving that portion of North "Street above
,described which. lies between, th .tracks of the Union Pacific Railroad'
. Company and the Atchison,*.lopeka & Santa•Fe Railroad Company.
SECTION 5: That after the contract, for said work is awarded and the,
cost' thereof is determined,'.that portion,,of said cost which-is to be. '
paid by each'of said railroad, companies•:hereinabove mentioned:` shall
be by-ordinance of,the,City of Salina:assessed and.taxed against said
,companies like other-taxes; and such costs shall be a lien upon all
of the 'property and, franchises of','said.coinpanies,as fprovicied for by
z
- Section I, L1904,Reyisec, Statutes 1923: If' afAr su,ch,cost*s' have been
ascertained,and assessed and taxed against said railroad c'omDanies
as above:provi:ded for, said railroadAc'ompanies or'-either of them shall
failto pay"that portion. of such cost :assessed ,and'.taxed a`gainst'either .
of such companies, .the., City. Clerk, shall _and he is.here_by,d rec.ted to
certify- such tax and assessment to the County Clerk of Saline County,
Kansas, together with interast thereon at the rate 6f.6 percent per anniun
fi