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4046 Improving Penn AveORDINANCE NO. 4046 Publishs� - n--tha- �a� na. ��u a l 4T 1 Z14 AN ORDINANCE providing for the curbing, guttering and paring of Penn Avenue from the south line of Iron Avenue to the north line of Gypsum Avenue, and providing for the cost thereof, how the same shall be assessed and the manner of payment therefor. WWHEMAS, by Resolution No. 512 duly adopted on February 26th, 1931, the Board of Commissioners of the City of Salina have declared that they deem it necessary to curb and gutter, grade and pave Penn Avenue within the limits hereinafter defined, and i �,HEREAS, said resolution was duly published for six days in the Salina j Journal, a daily newspaper published in said city, the official city paper, and the majority of the resident prorerty 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 sufficient pro- test in writing against the making of said improvements; NOW THEREFORE BE IT ORDAINED by the Board of Comissioners of the Citi; of Salina, Kansas: Section 1. That it is necessary and it is hereby ordered that Penn Avenue in the City of Salina from the south line of Iron Avenue to the north line of Gy�:sum Avenue in said city be curbeC. and guttered and paved 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 curb and gutter and paving shall be carried back to the lot line of the f street so improved, the width of such paving to be 28 feet exclusive of curb and gutter. Section 2. For the work and improvements herein provided for the City Engineer shall make and file with the City Clerk on or be- fore April 13, 1931, complete plans and specifications for the curb- ing and guttering and for the paving of said Penn Avenue (including excavating) vith the following materials: Paving: 6 inch reinforced concrete; 22 inch brick on 5 inch concrete base, with asphalt filler Concrete Combined Curb and Gut`.;er, 30 inches �.ide from back of curb to paving line, curb 12 inches deep at back; gutter 6 inches deep., and shall on or before the same date submit to the Board of Commissioners 1. under oath detailed estimates of the cost cf such i,'ork with such materialst 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 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 Board of Commissioners may and are hereby authorized to let contracts for the improiing of said street i^rith 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 r.e- iect any and all bids. Section 4. That for the improving the above mentioned street special assessments shall be made for the full cost thereof accord - Ing 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 value there- of, without regard to the buildings or improvements thereon for the distance to be improved. Section 5. After the passage and publication of this ordinance the Board of Com-rissioners shall appoint three disinterested appraisers householders, who after having taken an oath to make a true and im- partial appraisement of all lots and pieces of land liable to assess- ment and taxation for the cost �f the improvements herein provided for, shall within five days after having been notified of their appointment proceed to appraise said lots and Metes 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 re- turn the same to the Board of Commissioners of said city and said Board of `ommissioners shall. designate a time for holding a special session of such Board for the purpose of hearing any complaints that main 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 Com- missioners 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 6. For the purpose of paying for the work and improve- ments in this ordinance provided for the Board of Commissinners 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 pay- able in ten equal instal-,ments, 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 parable the Board of Commissioners 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 improvements and the apportionment therein contained shall hold good for all the install- ments 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 api)ortioned to each tract, piece and parcel of land within the taxing district and shall state the number ofannual installments in which such tax is to be collected; and there- after the City Clerk shall annually, at the same time other taxes are ! certified, certify to the County Clerk of Saline County, Kansas, a I full list of all pro,,erty liable for such work and improvements, to- gether with the respective amounts due on each of said tracts, pieces and parcels of land, °,hich amounts shall include the annual install- E ments and interest on all unpaid balances for one year at the rate of not to exceed 5/> per anr_,um, on such amounts so certified which shall be collected as other tax -s 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, as well as where the improvements is through or adjacent to property of the city for ,�rhich the city would be liable the assessment will be made against all k taxable property of the city and paid by the city at large. Section 7. This ordinance shall take effect and be in full force from and after its publication once in the official city paper. Introduced, April 1, 1931 Passed, April 6, 1931 Chas. F. Dodds Mayor Attest: Chas. E. Banker City Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do herebtr certify that the above and foregoing is a true and correct copy of Ordinance No. 4046 passed and approved by the Board of Com- missioners of the City of Salina April 6, 1931; and a record of the vote on its final adoption is found on page � 7 2 Journal No. 12. City Clerk (Published in the. Salina Journal 1931) ORDINANCE N0. `''4046 AN ORDINANCE providing for the curbing, guttering and pavingof Penn Avenue from the south line of Iron Avenue to the orth ine of ypsum'Avenue, and providing for the cost thereof, how the same shall be assessed and the manner of payment therefor. WHEREAS, by Resolution No. 512 duly adopted on February 26th, 1931,, the Board of Commissioners of the City of Salina have de- clared that they deem it necessary to curb and gutter, grade and pave Penn Avenue within the limits hereinafter defined, and WHEREAS, said resolution 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 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.l. 'That it is,ne'cessary and it is hereby ordered that Penn Avenue in the City of Salina from the south line of Iron Avenue to the north line of Gypsum Avenue in said city be curbed and guttered and paved and that such street within such limits be ex- cavated 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 curb and gutter and paving shall be carried back to the lotline of.the street so improved, the width of such paving to be '28 feet exclusive of curb and 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 April 13, 1931 complete plans and specifications for the curbing and guttering and for the paving of said Pbftn A,Venue (including excavating) with the following materials: Paving: 6 inch reinforced concrete; 22 inch brick on 5 inch concrete base, with asphalt filler Concrete Combined Curb and Gutter, 30 inches wide from back of curb to paving line, curb 12 inches deep at back; gutter 6 inches deep. 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. 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 ad- vdrtise, 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 oftmaterial 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 ar.e hereby authorized to let contracts for.the improving of said street witli 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 for the improving -the above mentioned street special assessments shall be made for the full cost thereof according to law ori all, lots and pieces of land to the center of the block on either, side of the street according to the appraisers value thereof, without regard to the buildings or improvements thereon for the distance to be improved: Section 5 . After the passage and publication of this ordinance the Board of Commissioners shall appoint three disinterest- od 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 noti- fied of their appointment proceed to appraise said lots and pieces 0 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 Commission- ers 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 l,ot or piece of land if, in their opinion, the same has been appraised too high or too low. Section 6 For the purpose of paying for the work and improvements in this ordinance provided for the Board of Commis- sioners 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 with interest not to excoed 5% per annum, which bonds shall be made payable at the fiscal agency of the State of'Lansas; and for the purpose of paying principal and interest on said bonds'as they severally become due and payable the Board of Commissioners sh'a'll apportion and assess against the lots.and piecos•of land within the taxing district of such improvements spocial assossments cover- ing 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 improve- ments. Such assessment and apportionment ordinance shall contain the total amount of tax apportioned 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 there- after the City Clerk 'Shall annually, at the same time other taxes are certifiod; certify to tho County Clerk of Saline County, Kansas, a full list of all proporty 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;'PkOVIDED, that for the .purpose of defraying the cost of improving the inter- sections and areas formed by the crossing of streets and alleys, as well as where the improvement is through or adjacent to property of the city for which the city would be liable the assessment dill, be made against all taxable property of the city and paid by the city at large. Section 7.. This ordinance shall take effect and be in full force from and -after -its publication once in the official city paper. 'Introduced, April 1, 1931 Passed, April 60 1931 �AMayor Attest: City Clerk