3032 Improving 5th StreetAn 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 Street in said Qity,
(excepting the intersection of Fifth Street with Iron Ave-
nue) and providing .for the excavating of such part of said
street and the removal of the old curbing and sidewalk as
may be necessary to. permit such improvements, and provid-
ing for the re -paving of said.Fifth Otreet from the south
line of Ash Street to the north line of walnut Street in
said City, and.providing for the cos.t_of such .improvements,
how the same shall be assessed and manner of, payment there-
for.
WHEREAS, a majority of the resident owners of real property
liable to taxation for the improvements hereinafter mentioned in
the two adjacent blocks on vifth atreet in the Pity of )alina,,
Kansas between the south.line of Ash Jtreet and the north line
of walnut Street therein, did petition the Board of Commission-
ers of the City of Salina for the. construction of the following
improvements, to -wit:- The. re -curbing and guttering of Fifth
Street between the limits above mentioned and in the manner here-
inafter set forth, said petition having_.been.determined to be
sufficient according to the ownership record in_the office of
the Register of Deeds of oaline.Coun.ty,.Kansas., and having been
filed in the office of the City.Clerk.on.June 9th, 1924, and
having been presented to the Board_ of -Commissioners at their
regular meeting on said date; all pursuant to.the provisions
of Oection 12-602 of the Revised Statutes of.Kansas, 1924, and
WHEREAS, by resolution duly adopted on the 23rd day of June,
1924, the Board of Commissioners of the Pity of.--�alina, Kansas
have declared that they deem it necessary to re -curb and gutter
Fifth Street in the City of Salina, Kansas from.the.south line
of Ash Street to the north line of walnut Street in said city,
(excepting the intersection of Fifth Street with.Iron Avenue)
such curbing to be located four (4) 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 (4) feet,
more or less in width, extending from the..edge 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 necess-
ary, and
WHEROkS, said resolution was published for six (6) days in
The.Salina Evening Journal, a daily newspaper published in the
City of Salina, the official paper.of said city, and
WHEREAS, by resolution duly adopted on the 28th day>6f°t
July, 1924, the Board of Commissioners of the Yity of Salina,
nansas have declared that they deem it necessary to re -pave
that portion of Fifth :,treet in the City of -alina, Kansas
from the south line of Ash Street to the north line of walnut
Street in said City,by the construction of a concrete base
where necessary, the making of a sand cushion, the turning of
the bricks now constituting the pavement in said street, the
replacement of said bricks where necessary and the asphalting
of the surface and between said bricks, and
INHEREFS, 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 (20) days
from the date of the last publication of such resolutions file
with the City Clerk of said city their protest in writing against
such improvements or the making thereof, THEREFONE,
BE IT ORDAItd5D,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 Qtreet therein,.
(excepting the intersection of Fifth Jtreet with Iron Avenue)
be re -curbed and guttered with such material as the. Board of
Commissioners may hereafter designate.and.select as hereinafter
provided for according to the specifications of the "ity Engineer
of said "it•y, 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 above mentioned.
6ection 2. That it is necessary and it is hereby ordered
that that portion of r'ifth 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 Rection One (1)
hereof, be excavated and graded to the established grade of said
street as established by ordinance of the .City of,oalina, Kansas
and that the present and existing curb and such part of the pres-
ent and existing side walk along that portion of the street above
described, and as much of the street as necessary,be.removed as
may be necessary to permit the re -curbing and guttering provided
for in Section one (1) hereof and the excavation provided for in
this section.
Section 3. That it is necessary and it is hereby ordered
that that portion of Fifth otreet in.the C"ity of Salina, Kansas
from the south line of Ash Street to the north line of Walnut
otreet be re -paved with such material as the.Board of -Commission-
ers may hereafter designate and select as hereinafter provided for
according to the specifications of the City Engineer of said City
hereinafter provided for; said re -paving to consist.of the const-
ruction of a concrete base where necessary, the making and laying
of a sarnd cushion thereon, the turning or reversing of the bricks
now constituting the face of the pavement in said street, the
replacement of said bricks with new bricks where the same may be
necessary and the asphalting of the surface of said bricks and
between the bricks.
bection 4. For the work and improvements herein provided for
the City r-ngineer shall make and file with the city Clerk on or
before the 6th day of October, 1924 complete plans and specifica-
tions for the re -curbing, guttering and re -paving of said street
in the manner hereinbefore provided for with the following mater-
ials:-
CURBING
Concrete,
Six inches at top, seven inches at bottom and
twenty-two inches deep.
GUTTERIFiG' _- ®o= ete
Six inches deep at curb and at paving line,
Four feet wide from curb to paving line.
RE -PAVING
Five inch concrete base where necessary to replace
old base,
Old sand cushion to be re -shaped, .1 inch thick and
new sand to be used as necessary to complete sand
cushion.
Present four inch brick.blocks to be taken up, turned
and re-laid.
Ola brick blocks where defective, to be replaced
with new brick blocks the same size.
Asphalt filler between and over the surface of brick
blocks,
and that on or before the last named date'said Uity Engineer
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 excavation and grading of that portion of the street as
hereinabove provided for.
Section 5. 'ihat 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-
vertise, by advertisement published in the.official Uity paper
of the Uity of balina for five (5) consecutive days for the
receipt of sealed proposals for the re -curbing, guttering and
re -paving of said street with the different kinds of materials
named and specified in the preceeding section hereof, and for
the excavating and grading of said street to the established
grade thereof as herein provided for; and after the receipt of
such proposals the Board of Uormnissioners shall select from
the different kinds of material the kind with which said street
ought, in their judgment be recurbed- guttered and re -paved and
said Board of Commissioners are hereby authorized to let con-
tracts for the grading and excavating of said street to the
lowest responsible bidder therefor, and for�the re -curbing, gut-
tering.and re -paving of said street with the materials so sel-
ected to the lowest responsible bidder therefor, as,determined
by said Board of Uommissioners for the kind and character of
curbing, guttering and paving which shall be determined upon by
said. Board of Cormiissioners, and for such excavating and grading.
Said Board of Commissioners reserve the right to reject any and all
bids.
Section 6. That for such excavating and grading special
assessment shall be made for the full cost .thereof on al 1 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 appraised
value of said lots or pieces of land without.regard to the build-
ings 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.
Section 7-. gnat for such re -curbing and guttering and re-
paving special assessment shall be made for the full cost thereof
on each block separately, on all lots or pieces.of land to the
center of the block on either side of the street according to the
appraised value thereof, without regard to the buildings or im-
provements thereon for the distance to be improved.
Section 8. After the passage and publication of this ord-
inance the Board of Commissioners shall appoint three disinter-
ested appraisers, householders who, after having taken an oath to
make a true and impartial appraisement of all lots qnd pieces of
land liable to assessment and taxation for the cost of the imp-
rovements herein provided for, shall, within five (5) 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., and after making said appraisement, shall return the
same to the Board of Commissioners and said Board of Commission-
ers 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 afore-
said, of which special session due notice shall be given in the
official City paper, at which special session the Board of Comm-
issioners 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 9. r'or the purpose of paying for the work and
improvements in this ordinance provided for, the Board of Comm-
issioners are hereby authorized and directed to issue internal
improvement bonds of the City of oalina, 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 install-
ments, together with the interest not to exceed five per cent
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 against the lots and pieces of land within the tax-
ing district of suci; 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 pro.perty 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 Salina 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 in-
clude the annual installments and interest on all unpaid
balances for one year at the rate of six per cent per annum,
on such amounts so certified shall be collected as other
taxes are collected; provided that for the purpose of drfray-
int the cost of improving alleys, as well as where the improve-
ment 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.
Section 10. This ordinance shall take effect and be in
full force from and after its publication once in the official
pity paper.
Introduced for first reading, September 22nd, 1924.
Passed and approved, September 29th, 1924.
(SEAL)
Attest:
CHAS. E. BANKER, City Clerk
J. 5. HARGETT, tayor
STATE OF YANSAS )
)SS
COUNTY OF SALINE)
I, Chas. E. Banker,.City Clerk of the Oity
of Salina, nansas,do hereby certify that the above
and foregoing is a true and correct copy of Ord-
inance ivumber 3032, passed and approved by the
hoard of Uommissioners of the Gity of oalina, Kan-
sas, September 29th, 19240 and a record of the vote
on its final adoption is found on page I� of
Journal ivumber 10.
s/
i
6
��� ,�/��II�ri+a
i
61,
(Published in The Salina Daily UnionC` ��� 1924)
i
ORDINI:NCE NO. .3032-
An
3032An 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 Street in said City (excepting the int-
ersection of Fifth Street with Iron Avenue) and for the excavat-
ing of such part of said street and the removal of the old curb-
ing and sidewalk as may be necessary to permit such improvements
and providing for the re -paving of said Fifty! Street from the
south line of Ash Street, to the north line of 0alnut street in
said City, and providing for the cost of such improvements, how
the same shall be assessed and manner of payment therefor.
WHEREAS, a majority of the resident owners of real property liable
to taxation for the improvements hereinafter mentioned in the two
adjacent blocks on Fifth Street in the City of Salina, Kansas between
the south line of Ash Street and the north line of Walnut Street there-
in, did petition the Board of Commissioners of the City of Salina for
the construction of the following improvements, to -wit:- The re -
curbing and guttering of Fifth Street between the limits above men-
tioned and in the manner hereinafter set forth, said petition having
been determined to be sufficient according to the ownership record
in the office of the Register of Deeds of Saline County, Kansas, and
having been filed in the office of the City Clerk on June 9th, 1924
and having been presented to the Board of Commissioners at their re-
gular meeting on said date; all pursuant to the provisions of Section
12-602 of the Revised Statutes of Kansas, 1924, and
WHEREAS, by resolution duly adopted on the 23rd day of June, 1924
the Board of Commissioners of the City of Salina, Kansas have declared
that they deer: it necessary to re -curb and gutter Fifth Street in the
City of Salina, Kansas from the south line of Ash Street to the north
line of Walnut Street in said City (excepting the intereection of
Fifth Street with Iron Avenue), such curbing to be located four (4)
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 (4) feet,•more or less, in width, extending from the edge 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 necess-
ary, and
WHEREAS, said resolution was published for six days in The
Salina P:vening Journal, a daily newspaper published in the City of
Salina, the official paper of said City, and
WIIEREAS, by resolution duly adopted on the 28th day of July, 1924
the Board of Commissioners of the City of Galina, Kansas have de-
clared that they deem it necessary to re -pave that portion of r'ifth
Street in the City of Salina, Kansas from the south line of Ash
Street to the north line of Walnut Street in said City by the con-
struction of a concrete base where necessary, the making of a sand
cushion, the turningof the bricks nov:constitiztingthe pavement in said
street, the replacement of said bricks where necessary and the as-
phalting of the surface and between said bricks, and
WHEREAS, said resolution was published for six dayf in The
Salina Evening Journal, a deily newspaper published in the City of
Salina, the official City paper of said City, and
i
0,
i
WHEREAS, the resident owneriss 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 resolutions file with the City Clerk
of said City their protest in writing against such improvements or
the making thereof, 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
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 pro-
vided for, said curbing to be located four (4) 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 (4) feet
in width extending from the edge of the present paving to the new
curb line as above mentioned.
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 .otreet 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 One (1) hereof, be excavated
and graded to the established grade of said street as established by
ordinance of the City of Salina, Kansas and that the present and exist-
ing curb and such part of the present and existing sidewalk along that
and as much of the street as necessary
portion of the street above described/be removed as may be necessary
to permit the re -curbing and go.ttering provided for in Section One (1)
hereof and the excavation provided for in this section.
Section 3. 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 be re -
paved with such material as the Board of Commissioners may hereafter
0Y
designate and select as hereinafter provided for according to the
specifications of the City Engineer of said City hereinafter provided
for; said re -paving to consist of the construction of a concrete base
where necessary, the making and laying; of a sand cushion thereon, the
turning or reversing of the bricks now constituting the face of the
pavement in said street, the replacement of said bricks with new bricks
where the same may be necessary and the asphalting of the -surface of
said bricks and between the bricks.
Section 4. For the work and improvement herein provided for
the City Engineer shall make and file with the City Clerk on or be-
fore the 6th day of October, 1924, complete plans and specifications
for the re -curbing, guttering and re -paving of said street in the
manner hereinbefore provided for with the following materials: -
CURBING
— Tonerete,
Six inches at top, seven inches at bottom, and twenty-two
inches deep., .
GUTTERING -- Concrete
Six inches deep at curb and at paving line,
Four feet wide from curb to paving line.
RE -PAVING
Five inch concrete base where necessary to replace old base,
Old sand cushion to be. re -shaped, 1 inch thick and new
sand to be used as necessary to -complete sand cushion.
Present four inch brick blocks to be taken up, turned and
re-laid. Old brick blocks where defective, to be replaced
with new brick blocks the same size.
Asphalt filler between and over the surface of brick blocks,
and that on or before the last named date said Uity Engineer 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 excavation
and grading of that portion of the street as hereinabove provided for. ✓
Section 5. 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 for five (5) consecutive days for the receipt of sealed pro-
posals for the re -curbing, guttering and re -paving; of saidstreet with
the different kinds of material named and specified in the preceding
section''.hereof and for the excavating and grading of said street. to
the established grade thereof as herein provided for; and after the
receipt of such proposals the Board. of Commissioners shall select
from the different kinds .of materials, the kind with which said
street ought, intheir judgment be re -curbed, guttered and re -paved
and said Board of Commissioners are hereby authorized to let con-
tracts for the grading and excavating of said street to the lowest
responsible bidder therefor, and for the re -curbing, guttering and
re -paving of said street with the materials so selected to the
lowest responsible bidder therefor, as deteriiined by said board. of
Commissioners for the kind and character of curbing, guttering and
paving which shall be determined upon by said Board of commission-
ers, and for such excavating and grading, Said .board of Commission-
ers reserve the right to reject any and all bids.
Section 6. 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 appraised.
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 pro vid.ed for. The entire distance to be graded shall
constitute one grading district.
Section 7.
That for such re -curbing and guttering and re -paving
special assessment shall be made for the full cost thereof on each
block separately, on all lots or pieces of land to the center of
the block on either side of the street according to the appraised
vc.lue thereof w4thout'reei.rr. to the buildings or improvements there..
on .for the distance to'be imp -rived,
Section
Section 8., rafter the passaL;e and publication of this ore.inanaP
the Board of Commissioners shell appoint three disinterested
appraisers, householc:ers, who;. after having tc.ken an cath�to make
true and impartial appraise -me nt of call lots .:.nc� pieces'of land.
liable to assessment and tr.xation for the cost of the improvements
herein provided for., shall,, within' five Cays c.fter having been
notified, of their appointm,ent,.,,-p-r-o�ceed. to appraise .said. lots and
piecesofland liable to asses .1eI.G and taxation as aforesaid,`as.
may be desi€noted by,the! Board_• of.406mmi:ssioners of saie,.City, with-
out re6c:rd to the buildin6s or isapro.vements thereon.,,and after
making; said• .ppraisement, shall„return the sc3.me to the',Board of
Commissioners and. said Boarc? of Commissioners shall designate, a
time for holc?inL a special session 'Of `-suchf Board for the purpose
of hearing any complaints” that -,may :be made.,, as .to the. value of
any lots or pieces'.of lana., appraise.' as• aforesaid, of which, special
session due,notiee shall be.given'in the official City paper, at.
which ,special session.. the Board�of Comniissioners..may alter any
valuation of any•.lot or,piece `oji land,' if 'in their,,opinion, the
same has ',been_' appraised too hi€;h or, too low.
:Section 9. ,For thepurpose of :pa'yin for the work and improve-,
.meats in `thio ordinance provided 'for, the Board. of Commissioners
are hereby-authorizedand directed to issue'internal improvement
bonds of tle.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'interest
not to exceed five (5) per�•eentum'per'annum, which bonds s hall be
made payable at the .fiscal agency of the State of KFnsas.; and for
the purpose of paying principal and interest on said bonds as they
severally become due and payckble, the Board of Commissioners shall
apportion and assess against the lots and pieces of land within the
taxing district of such improvements, special assessments cohering
-5 -
the cost of such improvement&: and the apportionment therein con-
tained 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 per -
eel of land within the te.xing.district and shall state the number
of`annual installments in w hick 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 Gounty,
Kansas a full list of all property liable for such work and improve-
ment,.together w ith the respe,.>tiae amounts due on each of said
tracts, piec es and parcels of land, whioh amounts shall include
the annual installments and interest on all unpaid pa lances for
one year at the rate of six (6) per cent per annum on such amounts
so certified, s hall 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 thru 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 Gity
and paid by,.the City at large. .
Section 10. 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 22nd,_1924
Passed and approved, September 29th, 1924
Attest: _y
•i y Clerk