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2746 Construction of SewersORDINANCENO. 2746 An Ordinance providing for the construction of certain sewers in the City of Salina, Kansas, letting the contract therefor and pro- viding for the payment of the cost of the same. VVIIEREAS, by certain resolutions duly adopted on the 5th day of February, 1923 the Board of Commissioners of the City of Salina, Kansas have declared that the construction of certain sewer laterals to be situate within the City of Salina, Kansas and within certain lateral sewer districts of said City heretofore defined and created, all as hereinafter more particularly described, are improvements necessary to be made and done, and WHEREAS, said resolutions were, in each instance, published for six (6) consecutive days in The Salina Evening Journal, the offieill paper of said City, and WHEREAS, a majority of the resident owners of property, owning a majority in square feet of the lots of real estate liable to taxation for the cost of said several improveEents did not within twenty (20). days from the date of the last publication of said resolutions file with the City Clerk of said City, their protest in writing against such improvements or the making thereof, and WHEREAS, by Ordinance Number 2708 of said City it has been pro- vided that sewers hereinafter described shall be built and constructed end the cost thereof provided for as in Ordinance set forth, and WHEREAS, plans and specifications for said described sewers have been made and prepared by the' City Engineer of said City and filed with the City Clerk thereof and were by the Board of Commissioners of said City adopted on the 19th day of March, 1923 as and for the plans and s-pecifications under which said sewers shall be constructed, and VMEREAS, an estimate of the cost of the construction of said sewers has been heretofore made under oath by the City Engineer of said City, submitted to the Board of Coim.,issioners thereof and filed in the office of the City Clerk, and WIIER-EAS, sealed proposals for the building and construction of said sewers have been heretofore invited by advertisement in the daily publication for the time required by law in the official City paper of said City, and WHEREAS, the Salina Plumbing Company, for and in consideration of the payment of the sums hereinafter mentioned have agreed to construct said sewers strictly in accordance with said plans and specifications of said City Engineer, which plans and specifications are by reference hereby made a part of this ordinance, NOVA THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Sa- lina, Kansas: Section 1. That the Board of Commissioners of said City deem it necessary and therefore order that the following described sewers, including the manholes hereinafter rientioned be built and constructed at and for the price and prices.hereinafter men- tioned for each sewer so to be built and constructed as follows, to -wit: 675 linear feet of ten (10) inch lateral sanitary sewer in Lateral Sewer District Ho. 6-F, commencing at the proposed manhole at the intersection of Tenth Street and Crawford Avenue in said City, running thence south to Frost Street, at and for the price of fifty-four one-half cents (541M per linear foot for the number of feet of pipe actually laid, at and for the price of thirty cents (30�) per linear foot for excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four one-half cents (5420 per linear foot for excavation and back- fill over six (6) feet and not exceeding eight (8) feet and at and for the,price of seventy-three one- half cents (73)2L ) per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, including one (1) manhole at and for the price of Forty-four and 75/100 Dollars ($44.75). 850 linear feet of 8 -inch sanitary sewer lateral in Lateral Sewer District No. 6-C, commencing at the present manhole at the intersection of Park Street and Phillips Street in said City, running thence north to Bishop Street at and for the price of forty-four one-half cents (4420 per linear foot for the number of feet of pipe actually laid, at and for the price of thirty cents (30�) per linear foot for excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four one-half cents'(541P) per linear foor for excavation and backfill over six (6) feet and not exceeding eight (8) feet in depth and at and for the price of seventy-three one-half cents (7320 per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth. 400 feet of 8 -inch sanitary sewer lateral in Lateral Sewer District PIo. 5-C, commencing at the present manhole at the intersection of University Place and Railroad Street in said City, running thence south on Railroad Street to Walnut Street at and for the price.of forty- four one-half cents (4420 per linear foot for the number of feet of pipe actually laid, at and for the price of thirty cents (30�) per linear foot for excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four one-half cents (541W per linear foot for excavation and backfill over six (6) feet and not exceed- ini=; eight (8) feet in depth and at and for the price of seventy-three one-half cents (732P) per linear foot for excavation and backfill over eight (8) feet and not exceed- ing ten (10) feet in depth, including one (1) manhole at and for the price of Fort:/ -four and 75/100 Dollars (ya44.75). 900 feet of 8 -inch sanitary sewer lateral in Lateral Sevier District No. 4-F, commencing at the present manhole at intersection of Tenth Street and Charles Street in said 0ity, running thence east fo Ninth Street and running west to Eleventh Street at and for the price of forty-four one-half cents (44 �) per linear foot for the number of feet of pipe actually laid, at and for the price of thirty cents (30�) per linear foot for excavation and backfill up to six (6) feet in depth, at and for the price of fifty- four one-half cents (5420 per linear, foot for excavation and backfill over six (6) feet and not exceeding eight (8) feet in depth, at and for the price of severity -three one-halLf cents (7310 per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, includ- ing one (1) manhole at and for the price of Forty-four and 75/100 Dollars ($?44.75). 475 feet of 10 -inch sanitary sewer lateral in Lateral Sevier District No. 5-F, commencing at t'ne present manhole at the intersection of Tenth Street and Crawford Avenue in said City, running thence east to Ninth Street, at and for the price of fifty-four one-half cents (54_ ) per linear foot for the number of bet of pipe actually laid and at and for the price of thirty cents (30�) per linear foot for ex- cavation and backfill up to six (6) feet in depth, at and for the price of fifty-four one-half cents (54z ) per linear foot for excavation and backfill over.os x.,(6))feettand not exceeding eight (8) feet in depthand at and for the price of seventy-three one-half cents (7310 per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, including one manhole _at and for the price of Forty-four and 75/100 Dollars (u44.75). 1700 feet of 8 -inch sanitary sewer lateral in Lateral Sewer District No. 7-F, commencing at the present manhole at tiie intersection of Bond Street and Ninth Street in said City, running thence south to Republic Avenue, at and for the price of forty-four one-half cents (4410 per linear foot for the number of feet of pipe actually laid, at and for the price of thirty -cents (30�) per linear foot for excavation and back- fill up to sir. (6) feet in depth, at and for the price of fifty-four one-half cents (5410 per linear foot for excava- tion and backfill over six (6) feet and not exceeding eight (8) feet in depth and at and for the price of seventy-three one- half cents (7310 per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, including three (3) manholes at and for the price of Forty-four and 75/100 Dollars (644.75) each. 300 feet of 10 -inch sanitary sewer lateral in Lateral Sewer District No. 9-F, and Lateral Sewer District No. 3-G, commenc- ing at the present manhole at the intersection of Fourth Street and hepublic Avenue in said City, running thence east to Third Street, at and for the price of fifty-four one-half cents (5410 per linear foot for the number of feet of pipe actually laid and at and for the price of thirty cents (30�) per linear foot for all excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four one-half cents (541st) per linear foot for excavation and backfill over six (6) feet and not exceeding eight (8) feet in depth and at and for the price of seventy-three one-half cents (732;0 per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, Including one (1) manhole at and for the.price of Forty-four and 75/100 Dollars ($44.75). 600 feet of 10 -inch sanitary sewer lateral in Lateral Sewer District No. 8-F, conmiencing at the proposed manhole at the intersection of Fifth Street and Wilson Street in said City,• running thence east to Third Street, at and for the price of fifty-four one-half cents (5410 per linear foot for the number of feet of pipe actually laid and at and for the price of thirty cents (30�) per linear foot for excavation and back- fill up to six (6) feet in depth, at and for the price of fifty-four one-half cents (547,0 per linear foot for excavation and backfill over six (6) feet and not exceeding eight (8) feet in depth and at and for the price of seventy-three one- half cents (731st) per linear foot for excavation and back- fill over eight (8) feet and not exceeding ten (10) feet in depth, including two (2) manholes at and for the price of Forty-four and 75/100 Dollars 044.75) each. Section 2. The plans and specifications of the City Engineer of said City of Salina, Kansas for the Sewers in Section One (1) hereof described, dated the 19th day of March, 1923, and now on file with the City Clerk of said City are here- by adopted and approved as and for the plans and specifications for said sewers and are hereby made a part of this ordinance, and all work, labor and materials herein specified and described shall be done, performed and furnished strictly in accordance witl said plans and specifications and in no other manner and under the direction of said City Engineer. Section 3. The contract is hereby let to the Salina Plumbing Company for the building and construction of the sewers, manholes and catchbasins hereinbefore described, in- cluding the performance of all work and labor and the supplying, of all material necessary therefor, at and for the prices herein- before mentioned and upon the condition that said work and labor shall be performed and materials supplied and said sewers constructed strictly in accordance with the plans and specifications of said. City Engineer as hereinbefore referred to. Section 4. it is hereby found and determined that the prices hereby agreed to be paid for each of said sewers and manholes is less than the estimated cost of such sewers and manholes as shown by the estimates therefor made by theCity Engineer and relating to the same and nov✓ on file with the City Clerk of said City. Section 5. Such contract is awarded to the persons above named upon the express condition that such persons shall execute a written contract with the City of Salina, calling for the building and construction of said sewers and manholes in the manner and at the prices hereinbefore mentioned and strictly in accordance with said plans and specifications of said City Engin- eer, and upon further condition that the persons to whom said con- tract is Awarded shall furnish to the City of Salina a good and sufficient surety company bond in the approximate sum of the cost of said. improvements guaranteeing; the prompt, proper and workman- like construction of all the same, together with a good and suff'i- cient surety company in a sum equal to 100% of the approximate cost of said improvements guaranteeing such improvements against all defects in material and workmanship for a period of one (1) ,year from the date of their completion and acceptance by said City, together with a good and sufficient surety company bond running to the State of Kansas and satisfactory to the Clerk- of' the District Court of Saline County, Kansas in an amount approximate to the cost of said improvements and conditioned that said persons shall pay all indeb- tedness for labor and materials furnished for making the improvements herein provided for. Section 6. The Board of Commissioners and proper officials of said City of Salina are hereby authorized to make and enter into on behalf of said City all written agreements necessary to be made in order to se- cure the construction of the improvements herein provided for. Section 7. That payment of the stuns due for the improvements herein provided for shall not be made to The Salina Plumbing Company until thirt; days shall have elapsed from and after the filing by the said City Engineer of said City in the office of the Cite Clerk thereof of a final estimate of the entire cost of said improvements and of the sums due therefor, nor until the". -final approval and acceptance of said ir.:provement, by the Board of Commissioners of the City of Salina by resolution therefor and all of said work shall be paid for according to the measurement of said City Engineer, PROVIDED, however that a final estimate may be filed by said City Engineer in regard to any separate portion of said improve- ments when completed without regard to the completion of other separate portions thereof and that acceptance of any payment for separate portions thereof may be made by said City upon completion without waiting the com- pletion of all the improvements herein provided for. Section 8. That the cost of the improvements herein made under the contract let shall be paid as provided for in Section 6of Ordinance No. 2708 and of the City of Salina, Kansas. Section 9. This ordinance shall take effect and be in full force from and after its publication once in the official City paper. Introdueed for first reading, April 2nd, 1923. i'assed and approved, April 6th, 1923. SEAL Attest: , Chas. E. Banker ity ClerIF F. S. Dyar ayor STATE OF hANSAS ) )SS COUNTY OF SALINE) 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 Number 27461, passed by the Boars. of Cormnissioners and approved by true 11,4ayor of the City of oalina, Kansas, April 6th, 1923 and a record of the vote on its final adoption is found on page of Journal Number 10. City Clerk e i (Published in The Salina Evening Journal, t 4'4-;' 1923 IJ ORDINANCE N0. 2746 An Ordinance providing for the construction of certain sewers in the City of Salina, Fansas, letting the contract therefor and providing fot the payment of the cost of the same. WHEREAS, by certain resolutions duly adopted on the 5th day of February, 1923, the Board of Commissioners of the City* of Salina, `Kansas have declared that the construction of certain lateral sewers to be situate within the City of Salina, Kansas and within certain lateral sewer districts of said City, heretofore defined and created,.all,as hereinafter more particularly described, are improvements necessary to be made and done, and WHEREAS, said resolutions were, in each instance bublished for r consecutive days in The Salina Evening Journal, the official paper of' said City, and WHEREAS, a majority of the resident owners of property, owning a majority tin square feet of the lots of real estate liable to taxation for the cost of said several improvements die) not within twenty days from the date of the last publication.of said resolutions file with the City Clerk of said City, their protest in writing against such improvements or the making thereof, and WHERE S, by Ordinance Number 2708 of said City, it has been provided that sewers hereinafter described shall be built and constructed and the cost thereof provided for as in Ordinance set forth, and WHEREAS, plans and specifications for said described sewers have been made and prepared by the City Engineer of said City and filed with the City Clerk thereof and were by the Board 'of Commissioners of said ' City adopted on the �f-- day of1923 as and for the . plans and specifications under which said sewers shall be constructed and WHEREAS an estimate of the cost of the construction of said sewers has been heretofore made under oath by the City Engineer of said City, submitted to the Board of Commissioners thereof and filed in the office of the City Clerk, and a 09 WHEREAS, saled proposals for the building and construction of said sewers have been heretofore invited by advertisement in the daily publication for the time required by law in the official City paper of said City, and WHEREAS, the balina Plumbing Company, for and in consideration of the payment of the sums hereinafter mentioned have agreed to con- struct said sewers strictly in accordance with said plans and speci- fications of said City Engineer, which plans and specifications are by reference hereby made a part of this ordinance, NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That the Board of Commissioners of said City deem it necessary and therefore order that the following described sewers, including the manholes hereinafter mentioned be built and constructed at and for the price and prices hereinafter mentioned for each sewer so to be built and constructed as follows, to -wit: linear feet of ten (10) inch lateral sanitary sewer in atera Sewer District Number Six-F,commencing at the proposed manholenat the intersection of Tenth Street and Crawford Avenue in said City, running thence south to Frost Street, at and for the price of fifty-four and one-half cents (541) per linear foot for the number of feet of pipe actually laid, at and for the price of thirty cents (30�) per linear foot for excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four and one-half cents (542 ) per linear foot for excava- tion and backfill over six (6) feet and not exceeding eight (8) feet in depth and at and for the price of seventy-three and one- half cents (7320 per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, including I manholes -at and for the price of Forty-four and 75/100 Dol ars ($44.75) each. linear feet of eight (8) inch sanitary sewer lateral in a era hewer District Number 6-C, commencing at the present manhole at the intersection of Park Street and Phillips Street in said City, running thence north to Bishop Street, at and for the price of forty-four and one-half cents (44U) per linear foot for the number of feet of pipe actually laid, at and for the price of thirty cents {30�) per linear foot for excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four and one-half cents(542¢) per linear foot for excava- tion and backfill over six (6) feet and not exceeding eight (8) feet in depth and at and for the price of seventy-three and one-half cents (7320 per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, ineludinc v menheles at an4 fer the P -rice -,�-- - „_" - s _ , 1? each, v . C . 4�GO feet of eight (8) inch sanitary sewer lateral in Lat- eral Sewer District Number 5-C, corunencing at the present manhole' at the intersection of University Place and Railroad Street in said City, running thence south on..'Railroad Street to Walnut Street, at and for the price of forty-four and one-half cents (442) per linear foot for the number of feet of pipe actually laid, at and for the price of thirty cents (3W per linear foot for all excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four and one-half cents (542) per linear foot for excavation -and backfill over six (6) feet and not exceeding eight (8) feet in depth and at and for the price of seventy-three and one-half cents (731 ) per linear foot for exca- vation and backfill over eight (8) feet and not exceeding ten (10.) feet in depth, including—' manholeN at and for the price of Forty-four and 75/100 Dollars X44.75) each. �zj 4�� feet of eight (8) inch sanitary sewer lateral in Laterewer District Number, 4-F, commencing at the present manhole at the intersection of Tenth Street and Charles Street in said City, one lateral running west to Eleventh Street and one lateral running east to Ninth Street, at and for the price of forty-four and one-half cents (442) per linear foot for the number of feet of pipe actually laid, and at and for the price of thirty cents (30�) per linear foot for all excavation and backfill up to six (6) feet in de�th, at and for the price of fifty-four and one-half cents (54W per linear foot for excavation and backfill over six (6) feet and not exceeding eight (8) feet in depth, at and for the price of seventy-three and one-half cents (732) per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, includ- ing /. manholee,at and for the price of Forty-four and 75/100 Dollars ;44.75) eaeh. � feet of ten (10) inch sanitary sewer lateral in 'Lateral S wweer'I3istrict Number 5-F, commencing at the present manhole at the intersection of Tenth Streetand Crawford Avenue in said City, running thence east to Ninth Street, at and for the price of fifty-four and one-half cents (5420) per -linear foot for the number of feet of pipe actually laid and at and for the price of thirty cents (300) per linear foot for all excavation and back- fill up to six (6) feet in depth, at and for the price of fifty- four and one-half cents (542¢) per linear foot for excavation and backfill over six (6) feet and not exceeding eight (8) feet in depth and at and for the price of seventy-three and one-half cents (732) per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, including manholeN at and for the price of Forty-four and 75/100 o lars ($44.75) each. 1200 1'-�IA feet of eight (8) inch sanitary sewer lateral in Lateral wer 7istrict, Number 7-F, commencing at the present manhole at the intersection of Bond Street and Ninth Street in said City, running thence south -to Republic'Avenue, at and for the price of forty-four and one,- half .cents (442¢) per linear foot for the number of feet,of pipe actually laid, and at and for the price of thirty cents (30X�) per linear foot for all excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four and one-half cents (542) per linear foot for excavation and backfill over six (6) feet and not exceeding eight (8) feet in depth, and at and for the price of seventy-three and one-half cents (732 ) per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, includ- ing R manholes at and for the price of Forty-four and 75/100 Dollars $44.75) each. feet of ten (10) inch sanitary sewer lateral in Lat- eral Sewer District Number 9-F and Lateral ;;ewer District Num- ber 3-G, commencing at the present manhole at the intersection of Fourth Street and Republic Avenue in said City, running thence east to Third Street, at and for the price of fifty-four and one-half cents (541¢) per linear foot for the number of feet of pipe actually laid and at and for the price of thirty cents (30�) per linear foot for all excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four and one-half cents (54 ) per linear foot for excavation and back- 2fill.over six (6) feet and not exceeding eight (8) feet in depth, and at and for the price of seventy-three and'one-half cents (7320 per linear foot for excavation and backfill over eight (8) feet and not exceeding ten (10) feet in depth, including manholes at and for the price of Forty-four and 75/100 Dollars ($44.75) each. feet of ten (10) inch sanitary sewer lateral in- Lat-er-al Sewer District Number 8-F, commencing at the proposed manhole at the intersection of Fifth 6treet and Wilson street in said City, running thence east to Third Street, at and for the price of fifty-four and one-half cents (5420 per linear foot for the number of feet of pipe actually laid and at and for the price of thirty -cents (30-V;Y.per linear foot for all excavation and backfill up to six (6) feet in depth, at and for the price of fifty-four and one-half cents (5420) per linear foot for excavation and backfill over six (6) feet and not exceeding eight (8) feet in depth and at and for the price of seventy-three and one-half cents (7320 per linear foot for excavation and backfill over eight (8) feet and not exceeding ten feet in depth, including Z5 manholes at and for the price of Forty-four and 75/100 collars ($44.75) each. Section 2. The plans and specifications of the City Engineer of the said City of Salina, Kansas for the sewer in Section One (1) hereof described, dated the -A- ay of !--, 1923, and now on file with the City Clerk of said City are hereby adopted and approved as and for the plans and specifications for said sewers and are hereby made a part of this ordinance, and all work, labor. and materials herein specified and described shall be done, performed and furnished strictly in accordance with s aid plans and specifi- cations and in no other manner and under the direction of said City Engineer. Section'3. The contract is hereby let to the Salina Plumbing Company for the b uilding and construction of the sewers, manholes and catchbasins hereinbefore described, including the performance of all work and labor and the suppkying of all material necessary therefor, at and for the prices hereinbefore mentioned and upon the condition that said work and labor shall be performed and materials supplied and said sewers constructed strictly in accordance with the plans and specifications of said City Engineer as hereinbefore referred to. Section 4. It is hereby found and determined that the prices hereby agreed to be paid for each of said sewers and manholes is less than the estimated cost of such sewers and manholes as shown by.the estimates therefor made by the City Engineer relating to the same and now on file with the City Clerk of said City. Section 5. Such contract is awarded to the persons above named upon the express condition that such persons shall execute a written contract with the City of Salina, calling for the building and construction of said sewers and manholes in the manner and'at the prices hereinbefore mentioned and strictly in accordance with said plans and specifications of said City Engineer, and upon further condition that the persons to whom said contract is awarded shall furnish to the City of Salina a good and sudficient Surety Company bond in the approximate sum of the cost of said improvements guaranteeing the prompt, proper and workmanlike construction of all the same, together with a good and .sufficient Surety Company Bond in a sum equal to ap er cent of the approxi- mate cost of s aid improvements guaranteeing such improvements against all defects in material and workmanship for a period. of one (1) year from the date of their completion and acceptance by said City, together with a good and sufficient surety company bond running to the State of Kansas and satisfactory to the Clerk of the District Court of Saline County, Kansas in an amount approximate to the cost of said improvements and conditioned that said persons shall pay all indebtedness for labor and materials furnished for making the improvements provided for herein. Section 6. The Board of Commissioners and proper officials of said City of Salina are hereby authorized to make.and enter into in behalf of said City all written agreements necessary to be made in order to secure the construction of the improvements herein provided fore' Section 7. That payments of the sums due for the improvements herein provided for shall not be made to The Salina Plumbing Company until thirty days shall have elapsed from and after the filing by the said City Engineer of said City in the office of the City Clerk thereof of a final estimate of the entire cost of said im- provements and of the sums due therefor, nor until the final approval and acceptance of said improvements by the Board of Commissioners of the City of Salina , by-_ret_v;luttonetherb f or and all of said work shall be paid for according to the measurement of said City Engineer, PROVIDED, however that a final estimate may be filed by said City Engineer in regard to any separate portion of said improvements when completed without regard to the completion,of other separate portions thereof and that acceptance of any payment for separate portions thereof may be made by said City upon completion without awaiting the completion of all of the improvements herein provided for. Section 8. That the cost of the improvements to be made under the contract hereby let shall be paid as provided for in Section of Ordinance Plumber 2708 of the City of Salina, Kansas. 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, April 2nd, 1923. Passed and approved, April 6th2 1923 Nla�e�r Attest: City Ulerk