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3028 Improving 5th StreetAn Ordinance providing for the re -curbing and guttering of Fifth Street in the City of Salina, Yansas from the south line of Ash 6treet to the north lime of Walnut street in said City, (excepting the intersection of Fifth street with Iron Avenue) and for the excavation of such part of said street and the removal of the old curbing and side- walk as may be necessary to permit such improvements, and providing for the cost of such improvements; how the same shall be assessed and the manner of payment therefor. This ordinance repealed by Ordinance Number STATE, OF KANSAS . ) )SS COUNTY OF SkLINE) I, Chas. E. Banker, City Clerk of ttie,City of Salina, nansas-do hereby certify that; the above and foregoing men- tioned ordinance has been repealed by Ordinance Number r', ' of the City of Salina. 6 �.�. City ulerk (Published in The Salina Evening Journal 1924) ORDINANCE NO. 36 a O An Ordinance providing for the re -curbing and guttering of Fifth Street in the City of Salina, Kansas from the south line of Ash Street to the north line of Walnut otreet in said City, (excepting the intersection of Fifth Street with Iron Avenue) and for the excavation of such part of said street and the removal of the old curbing and sidewalk as may be necessary to permit such improvements, and providing for the cost of such improvements, how the same shall be assessed and the manner of payment therefor. WHEREAS, by resolution duly adopted on the 23rd day of June, 1924, the Board of Commissioners of the City of Salina, nansas have declared that they deem it necessary to re -curb and gutter Fifth Street in the City of Salina, rnanaas from the south line of Ash Street to the north line of Walnut Street in said Oity, (excepting the intersection of Fifth Street with Iron Avenue,) such curbing to be located four feet outside of and more distant from the center of said street than the present curbing on each side thereof, and said guttering to be four feet, more or less, in width, extending from the end of the present paving to the new curb line above mentioned,, together with such excavation and removal of old curb and sidewalk as may be necessary, and WHEREAS, said resolution was published for six days in The Salina Evening Journal, a daily newspaper published in the City of Salina, the official paper of said City, and WHEREAS, the resident owners of property 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 agg.inst such improvements, or the making thereof, THEREFOR, 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 Fifth Street in the City of Salina, Kansas from the south line of Ash Street to the north line of Walnut Street, therein (excepting the intersection of Fifth Street with Iron Avenue) be re -curbed and guttered with such material as the Board of Commissioners may here- after designate and select as hereinafter provided for according to the specifications of the City Engineer of said City hereinafter provided for, said curbing to be located four feet outside of and more distant from the center of said Fifth Street than the present curbing on each side thereof and said guttering to be four feet in width extending from the edge of the present paving to the new curb line as a-bgve mentioned. -j U Section 2. That it is necessary and it is hereby ordered that. that portion of'Fifth Street in the City of Salina, Kansas from the south line of Ash street to the north line of Walnut Street therein and lying between each side of the present paving thereon and the new curb line as established in Section 1 hereof be excavated and graded to the established grade of said street as established by ordinance of *the Uity of Salina, Kansas, and that the present and existing curb and such part of the present and existing sidewalk along that portion of the street above described be removed as may be necessary to permit the re -curbing and guttering provided for in Section 1 hereof and the excavation provided for in this section. Section 3. For the work and improvement herein provided the City Engineer shall make and file with the Uity Clerk on or before the 22nd day of September, 1924 complete plans and specifications for the re -curbing and guttering of said street with the following materials,: CURBING AND GUT`T'ERING: -- Concrete. Curb to be six inches at top, 7 inches at bottom and 22 inches deep. Gutter to be six inches thick at curb, 7 inches at paving line and four (4) feet wide. and that on or .before the last named date said City hngineer shall submit to the Board of Commissioners a detailed estimate of the cost of such re -curbing and guttering of said street with the kinds of material and in the manner herein mentioned, and of the excavating and grading of that portion of the street as hereinabove provided for. Section 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 Uommissioners may edvbrtise, by advertisement published in the official City paper of the Uity of Salina for five (5) consecutive days for the receipt of sealed proposals for the re -curbing and guttering of said street with the kinds of material named and specified in the preceeding sec- tion hereof and for the excavating and grading of said street to . the established grade thereof as herein provided for; and after 0 6 the receipt of such proposals the Board of Commissioners shall let contracts for the grading and excavating of said street to the low- est responsible bidder therefor and for the re -curbing and gutter- ing of said street with the materials so selected to the lowest responsible bidder therefor, as determined by said Board of Comm- issioners for the kind and character of re -curbing and guttering which shall be determined upon by said Board of Uommissioners, and for such excavating and grading. Said Board of Commissioners re- serve the right to reject any and.all bids. oection 5. That for such excavating and grading special assessment shall be made for the full cost thereof on all lots and pieces of land to the center of the block on either side of the street for the distance to be improved, according to the apprais- ed value of said lots or pieces of land, without regard to the buildings or improvements thereon, said appraisement to be made in the manner as hereinafter provided for. The entire distance to be graded shall constitute one grading district. re - Section 6. That for such/curbing and guttering special assess- ment shall be made for the full cost thereof on each block separately, on all ibis or pieces of land to the center of the block on either side of the street according to the appraised value thereof, with- out regard to the buildings or improvements thereon for the distance to be improved. Section 7. After the passage and publication of this ordinance the Board of Commissioners shall appoint three disinterested app- raisers, 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 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 W to said appraisement, shall. return the same to the Board of Commiss- ioners, 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 apprai$ed as aforesaid, of which special session due notice shall be given in the official City paper, at which spec- ial 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 8. For the purpose of paying for the work and improve- ments in this ordinance provided for the Board of Commissioners are hereby authorized and directed to issue internal improvement bonds of the City of Salina, in an.amount not to exceed the contract price for such improvements and to run for a period of ten years, and be payable in ten equal installments, together with the intereet 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 pay= ing 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 within the taxing dis- trict of such improvements, special assessments covering 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 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 County, Kansas a full list of all property liable for such work and improvements, togeliher with the respective amounts due on each of said tracts, pieces and parcels of land, which amounts shall include the annual G inatallments,and interest on all unpaid balances for one year at the rate of six -(6) per cent :per annum on such�smounts so certified 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 largs. Section 9. 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, September 8th, 1924. Passed and approved, -------- September 15th, 1924