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3222 Improving Ellsworth AveAN ORDINANCE providing for the curbing, excavating, grading and gravelling with sand clay Ellsworth Avenue in the City of Salina, Kansas from the east line of Santa Fe Avenue to the west line of Osborne Street in said city and providing for the cost thereof, how the same shall be assessed and the manner of payment theredor. WHEREAS, bu resolution duly adopted on the 28th day of December 1925, the Board of Commissioners of the City of Salina, Kansas, have declared that they deem it necessary to curb, excavate, grade and gravel with sand clay hype -surface Ellsworth Avenue in the City of Salina, Kansas, from the east line of Santa `e Avenue 'to the west line of Osborne Street in said City, and WHERE.QS, said resolution wqs published for six days in the Salina Journal a daily newspaper published in the City of Salina, the official City -paper of said City, and WH -REAS, 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 of such resolution file with the City Clerk of said City their protest in writing against such improvement or the making thereof, 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 Ellswor Avenue in the City of Salina, Kansas from the east line of Santa Fe Avenue to the west line of Osborne Street in said City be curbed with such material as the Board of Commissioners may hereafter designate and select, as here- inafter provided for according to the specifications of the Gity Engineer of the City of Salina as hereinafter provided for, and that said street within the limits above defined be excavated and graded to such extent as may be necessary for the completion of said work, and that at the intersect- ions of streets and alleys such curbing shall be carried back to the lot line of the street so improved, the distance between the. curbing on each side of said street to be 30 feet from face to face of curb. Section 2. That it is necessary and it is hereby ordered that Ellsworth Avenue in the City* of Salina, Kansas from the east line of Santa Fe Avenue to the west line of Osborne Street in said City be gravelled with sand -clay type surface according to the specifications of the City Engineer of said City hereinafter provided for, for a width of 30,feet,, the same being.the distgnce between the curb on each side of said street as herein provided for. Section 3. That for the work and improvement herein provided for the City Engineer shall make and file with the City Clerk on or before the 1st day of March 1926, complete plans and specifications for the curbing, and for the gravelling of said street with the following materials: CURBING: Curb to be 6 inches at top, 7 inches at bottom and 16 inches deep.. GRAVELLING: To be of land -clay type surface and to be 7 inches deep. and that on or before the said last named date the City Engineer of said City shall submit to the Board of Commissioners, under oath, detailed estimates of the cost of such curbing and gravelling, including the excavation and grading necessary therefor with the different kinds of materials 4arein mentioned. Seetion.4. 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 six consecutive days for the receipt of sealed proposals for the improv- ing 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 curbing and for the gravelling of said street with the kind of material named and specified hereinbefore, sund 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 so selected to the lowest responsible bidder the1refor. as detertftined by said Board of Commissioners, which kind and character of curbing and gravelling shall be determined by said Board of Comm- issioners, and for such excavating and grading. Said Board or Comm- issioners reserve the right to reject any and all bids. Section 5. That for the improving the above mentioned street special assessments shall be made for the full cost thereof on each block separately on 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 tl-B distance to.be improved. Section 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 impar- tial- appraisement of all lots and pieces of land liable to assessment -amd -taxation for the cost of the improvements herein provided for, shall within five days.after having been notified of th&ir 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 Comm- issioners.of said City, without regard to the buildings or improvements thereon, and after making said.appraisoment.shall return the same to the Board of Commissioners of said Cky and said Board of Commissioners shall designate a time for holding a special session of sucks Board for the purppse 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 notiee shall be given in the official City paper, at which special session the Board of Commissioners may al&er any val- uation of any lots or piece of land if, in thdtr dpinion, the same has been apprised too high or. too low. Section 7. For the purpoose of paying for the work and improvements in this ordinance provided for the Board of Commissioners are hereby -authorized dind 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 installment) 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 Commissioners shall apportion and assess agains the lots and pieces of land within the taxing district of such improvements special assessments covering the cost of such improvements and the apport- ionment therein contoAned shall hold good fm 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 district 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 Saline C6unty, Kansas, a full list of all property liable for such work and improvement, .toggther 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, as well as where the -improve- ment is through or adjacent to property of the City for which the Gity would be liable the assessment will be made against all taxable property of the City and paid by the City at large. Section G. This ordinance shall take effect and be in full force from and after its publication once In the official City paper. =Introduced for first reading, February 15th, 1926. .. Passed and approved -----------February 23rd, 1926. Attest: Chas. E. Banker �Uity Ulerk. STATE OF KANSAS ) )SS COUNTY OF SALINE) Guy T. Helvering Mayor. 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 allo. 32q2 --passed and approved by the Board of Commissioners February 23rd, 1926 and a record of the vote on its final adoption is found on -page o of Journal NNmber 11. Uity Clerx. 1, (published in The Salina Journal 1 `� 1926) - ORDINANCE NO. 3222 An Ordinance providing for the,;curbing, excavating, grading and gravelling- with;sand clay,'Ellsworth.Avenue: In the City of Salina, Kansas_ fftm the east line or Santa e ltvenue to the west line of Osborne Streetxin said City and providing for the cost thereof, how the same shall be assessed and the manner of payment therefor. WHEREAS, by resolution d4ly adopted on the 28th day of December 1925 the Board of Commissioners of the City of Salina, Kansas, have de- clared that they -deem it necessary to curb, excavate, grade and gravel with sand clay.typb surface Ellsworth Avenue in the City of Salina„ Kansas, from the east line of ,Santa Fe Avenue to the west line of Osborne Street in said City, and WHEREAS, said resolution was published for six days in the Salina Journal, a daily newspaper published in the City of Salina, the official City paper of said City, and WHEREAS, 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 of such resolution file with the City Clerk of said City their protest in writing against such improvement or the malting thereof, NOW THEREFORE, BE IT ORDIINED by the Board of Commissioners of the City of Salina, Kansas; Section 1. That it is necessary and it is hereby ordered that Ellsworth Avenue in the City of Salin;_�._Kansas from the east line of Santa Fe Avenue to the west line of Osborne Street ins aid City be durbed with such material as the Board of Commissioners may hereafter designate and select, as hereinafter provided for according to the ,jecifications of the City Engineer of the City of Salina as hereinafter provided for, and that said street within the limits above defined be excavated and graded to such extent as may be necessary for the completion of said work, and that at the intersections of streets and alleys such curbing shall be carried back to the lot line of the street so improved, the distance between the curbing on each side of said street to be 3t) feet from face to face of curb. Section 2. That it is necessary and it is hereby ordered that Ellsworth Avenue in the City of Salina, Kansas from the east line of Santa Fe Avenue to the west line of Osborne Street in said City be gravelled with sand -clay type sufface according to the specifications of the City Engineer of said City hereinafter provided for, for a width of 30 feet, the same being the distance between the curb on each side of said street as herein provided for. • O Section 3. That for the work and improvement herein provided for the City Engineer -shall make and file with the City Clerk on or before the 1st day of March 1926, complete plans and specifications for the curbing, and for the gravelling of said street with the following materials: CURBING: Curb to be 6 inches at top, 7 inches at bottom and 16 inches deep. GRAVELLING: To be of sand-olay type surface and to be 7 inches deep. and that on or before the said last named date the City Engineer of said City shall submit to the Board of Commissioners,, under oath, detailed estimates of the cost of such curbing and gravelling, including the excavation and grading necessary therefor with the different kinds of materials herein mentioned. Section That after such plans and specifications City Engineer and filed shall have been made and Ir epared by the with the City Clerk as afDresaid the Board of COMissio41 1 ners may advertise, by advertisement published in the official City paper of the City of Salina, Kansas for six consecutive days for the receipt of sealed proposals for the improving of said street with the kind of material named and specffied in the preceding section hereof; and for the excavating and grading necessary for the completion of such curbing a and said street with the kind of material named for the graveling of and specified )hereinbefore, and after the receipt of such proposals the slid Board of Commissioners may and are hereby authrr- ized to let contracts for the improving of said street with the material so selected to the lowest responsible bidder therefor, as determined by said Board of Commissioners, which kind and character of curbing and graveling shall be deter- mined by said Board of Commissioners, and for such excavating and grading. Said Board of Commissioners reserve the right to reject any and all bids, spotion �._. That for the improving the above mention street special assessments shall be made for the full cost thereof on each block separately on all lots and pieces of land on either side of the street accordi tpAthe center of the block ng to ' appraisers value thereof, without regard to the buildings or ',improvements thereon for the distance to be improved. Section „ After the passage and publication of this ordinance the Board of Commissioners s hall appoint three disin- terested 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 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, without regard to the buildings or improvements thereon,4 and after making said appraiscment shall return the- same hesame 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 given in the official City, paper, at which special session the Board of Commissi oners may alter any valuation of any lot or pi,=cc of land if, in their opinion, the same has been appraised too high or too low. Section For the purpose of paying for the work and improvements in this ordnance provided for the Board of Commis- sioners arc hereby authorized dnd 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 exceed 5% per annum, which bonds shall be made payable at the fiscal agency of the State of Kan- sas; 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 pieced of land within the taxing district of such improvements special assessments covering the cost of such improvements and, IV�� the apportionment therein contained shall hold good for all the installments that arc to be collected from the specific property chargeable with slid improvements. Such assessment and appor- tionment ordinance shall contain the total amount of tax apporticr. .. to each tract, piece and pared of land within the taxing and shall state the number of annual installments In which tax is to be collected; and thereafter the City Clerk sha7.1 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 install- ments and interest on all unpaid balances for one!year at the rate of not to exceed 5% per annum, on such amounts so certified whcih 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, 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. A Section 8 This ordinance shall take effect and be in full force from and after its publication once in the official City paper. Introduced for first reading, Passed and approved --------- Attest: fi February 15th,'1926., February 23rd, 1926. Mayor 7