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raymond henry's bond 2/2/1981CIVY O •. ♦ E f f DEAN BOYER. P. E. CITY ENGINEER Mr. Ron Rigney 2612 Bret Salina, Kansas 67401 Dear Sir: ENGINEERING DEPARTMENT 3W WEST ASH STREET P. O. SOK Ire SAUNA KANSAS 97401 AREA CODE 913 9279191 February 2, 1981 DONALD E. HOFF. P. E. ASST. CITY ENGINEER D. W. BASSETT TRAFFIC ENGINEER We have reviewed with our Legal Department the current City policy regarding bonded contractors performing defective work- manship. They stated if the property owners could not obtain the desired results from his contractor, the property owner or his attorney should contact the contractor's bonding company to correct the defective work. Enclosed are copies of Mr. Ray Henry's bond for your reference. If you have any questions concerning the above information, please contact the City Attorney, Mr. Larry Bengston at 823-2244 for clarification. Sincerely, DH:MKP ENC: (2) MEMBER ... KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES January 31, 1981 City Engineer 300 M Ash Salina Ks 57401 Dear Sirs My driveway was repaired by a licensed contractor named Ray Henry. Mr. Henry's work was done in an unprofessional manner. District Magistrate, Adrian A. Lapka, has judged the work done by Mr. Henry as unsatisfactory and not in compliance with Salina city regulations. On my discussion with Judge Lapka, Ray Henry and Jack Ayers, city inspector; it was determined to request the city to repair my drive way and for the city to recover its cost by forfeiture of Mr. Henry's bond. Mr. Henry's bonding agent is Robert Allen. Please keep me informed of any complications regarding my request. Sincerely Yours, Ron Rigney CONCRETE CONSTRUCTION MAINTENANCE BOND Bond KNOW ALL MEN BY THESE PRESENTS, That the Undersigned as Principal, and as Surety Company organized under the laws of the State of and authorized to do business.under the laws of the State of Kansas as Surety, hereby acknowledge themselves indebted to the City of Salina, Kansas for the benefit of said City and of all persons with whom said principal may contract for the construction of sidewalks,. driveways, curbing, guttering or other concrete work in the street and public grounds in the City of Salina, Kansas, In the sum of EI0000.00 for the payment of which well and truly to be made such principal and surety hereby bind themselves, their heirs, executors, administrators,. successors and assigns, firmly by those prssents:.- ---- - -- Dated at Salina, Kansas this At day of 0 19ATJ The condition of the above obligation is ch that if said principal shall, within the period covered by this bond,'contract with the City of Salina, Kansas,. or with any other person for the construction of any sidewalk, driveways, curbing,., guttering or other concrete work in the streets or public grounds in the City of Salina, Kansas, and shall, under a permit issued as provided for in Chapter 32, Article 9, of The Salina Code, construct any such work so contracted for in all respects in conformity with any special specifications for any such work which may be prepared by the City Engineer on file in his office, and.in conformity with any special specifications for any such work, which may be prepared by said. City Engineer, and shall construct any such work according to stakes and grades therefore as set by the City Engi'neer,.and if any such work shall endure without need of repair for a period of two years from the date of the completion of any such work, or if such principal shall without charge upon written notice given to such principal or to the above named surety within two years from the date of completion of such work, make any repairs to such work or replace the same if such work shall in the opinion of the City Engineer, become so defective as to .require the same within said period of two years, then this obligation shall be void, otherwise to remain in full force and effect. NOW THEREFORE, if said principal shall well and.faithfully perform any and all work of the kind referred to in said ordinances, in accordance with the requirements and provisions of the ordinances in effect at the time any such work - Is done, and shall do no such work without first securing a license and a permit therefor, as required by said ordinance, or any amendments thereto, and shall pay to the City of Salina and any other persons all costs,. damages and injuries sustained by said City or by any other person arising from or caused by faulty work or other cause or by the carelessness or negligence of said principal or any of his agents, servants or employees, in connection with any such work, then in such event this bond shall be null and void, otherwise to remain in full force and effect; PROVIDED, however, suit may be brought upon this bond directly against such principal and/or surety, by the City of Salina, or by any person for whose benefit the same Is taken in the name of said City or of such person, and this bond shall be and remain in effect until the expiration of ten days after written notice of cancellation thereof is filed by said surety with the City Clerk of the City of Salina and no such cancellation shall effect the liability of the principal or surety thereupon atising out of any work done pursuant to any permit issued prior to the receipt of such notice of cancellation, or done prior to the date of cancellation if no permit has been issued. IN WITNESS WHEREOF, the principal and surety above named have duly executed, this instrument or, caused the same to be executed by the duly authorized agents, the day and year first above written. The foregoing -bond was filed In my office this, ? day of � 19 fD City Clerk R�POWER OFA N°1741388R . ,, clrrevaeabbar Know All Men by These Presents: That this Poser of Attorney is not valid or in effect unless attached to the bond which it aathorisas aueatad. but may ha detached by the approving officer if desired constitute and appoint Compsny That the Western Surety s corporation, does hereby make, sui�m 1t _ dS.i.�4 in the City State of Kansas, with limited authority, i�owl� lawful Agent and,AttorJeY!-Futa W: fall Di h fa lldowmaobond& Eby conferred. W dgn, "acute, The acknowledgment.and execution of any such domemenr oY cue awu officers of this GUIPSAY. ---- -- this Company. as if such bond had canY mtheracertit certiwledged by the fies We following ids a erne anddezaet e'ff of Section 7 of Ths:WESTERN SURETY Au bonds, Policies, the By -Lave of the Western Surety Company, dulyCorporation shall be exematedd in the corporate name of the Company by the undertakings or other obligations of the colpoor Chairman of the Board, President Secrotffi,>�eChai�n Treasurer, hoard,�PresidCBenk Y"ce orby such other edIIoera as the Board of DIrectomm p Secretary. any Aasiatsni'SecretarY. ar the ttre� 4� ebe�Co Dant• +se corporate s� is aoL necessar9 for the iv�alidity of �bo�, DbB ��ondertalongs or ocher obligatioae of the corporation." IN WITNESS WSE$EOF, the said WESTERN SIIHETY CODSPAl � baa canned these presents to be ,executed by !te Preeideat with uta corporate seal afiized Huse WESTERN S II R E T Y C O M P A N Y ATTEST STATE or SdUTH so Minaehaha DAKOTA ) On this'a _ �y.!f A..Iv e.vn,..,. nnknew me, a Notary Public, persona[lY above Power of Attorney as act to be, the voluntary act and My commission expires _ Public, South Dakota Western Surety Company March 27, 1981 Mr. Donald E. Hoff City Engineer Engineering Department City of Salina 300 W. Ash Street Salina, KS 67401 Dear Mr. Hoff: Re: Claim S-30,033, Bond 5751795 - Raymond Henry closed is a copy of a Small Claims Court Judgment against one Ray Henry.. This is for your reference. Mr. Rigney indicated that you spoke to his wife concerning some information we were requesting on this file. We would appreciate it if you could provide us with a copy of the inspection report and a copy of the ordinances which were violated by Mr. Henry. We will await your reply. Yours very truly, -,a � /Y) C STEVE MCGREEVY SM:klo Encl. cc: Ron Rigney IN THE DISTRICT COURT OF Saline COUNTY, KANSAS Ronald W. Rigney iFILED 26]2 Bret Salina, Kansas Plaintiff(s) versus Ray Henry _205 Cherry Salina Kansas Case No. BOSC400 Defendants) JOURNAL ENTRY OF JUDGMENT On this ) 4 day of January 19 B], this action comes on for final judgment or disposition. The court finds that each person against whom judgment is entered has been properly served with summons or process herein and that this court has jurisdiction to enter the judgment requested. Whereupon, the court finds that judgment should be entered: '❑ by reason of the default of the said de- fendant(s); "❑ by agreement of the parties; or 'IN by a trial of the issues herein and the testimony of the following witnesses: (Witnesses for Plaintiff) (Witnesses for Defendant) Jim Ayers—City Inspector None JUDGMENT IS ENTERED AS FOLLOWS: "iil (RECOVERY OF MONEY) Judgment for plaintiff(s) against Ray Henry defendant(s) for the principal balance of $ 500, no , together with $ S _ nn interest to date of judgment and costs. Principal balance shall bear interest at % per annum from this date until payment in full. — 'O (RECOVERY OF MONEY) Judgment for defendant(s) against plaintiff(s) for principal balance of $ , together with $ in- terest to date of judgment and costs. Principal balance to bear interest of % per annum from this date until payment in full. "❑ (DISMISSAL) On motion of plaintiff, the action is dismissed •❑ without *0 with prejudice. •❑ (OTHER) , Pltf. _Rnna 1 A W Pig . n y (�(� Name and Tltle1of-.0 urt Official ,Def.Rn4z Hpnpry Adrian A. Lapka-District Magistrate 'Check 0 the Above Items Applicable to This Judgment cc: City 3-17-81 Petition (Small Claims Procedure) 370.2 SP. m WLIOAr,o-Mtli In .the. Small Claims Division of the DISTRICT' Court of SALINE County, Kansas. X6/2 73izT Plaintiff VS. &;z H t7cJ2 CC)t /;t/4 Defendant Statement of Claim R (,:No; S. C. PETITION I, having read the instruction below, hereby assert the following claim against defendant: /�•9y rq )r:;PR0X 1. X 12 Armor [<J/= Cor�Cr2�"TC o/v Dpi ✓oWrlj/ FYr °fid l� T3�2cT SAGi:vrt KS . THc J � L•JO/2K' w/�}S NOT p pyC IN ff CCUi2D wl TF/ C �Y'f/ �EG✓LFI7"70/L [VOtQ WrPs 7'7�G �o2�c- �tJi�e eorpccTm, 2 rPE Q�,�—ter p�/rrF�� uF yQO� UDLLA�S Fpm /1i91/iivG ANorNcJc^ ccNT>eACTa�- rZc Do rbc �roi3 pr�S 2 pD=' . Do[ c r9�2s h L �2 E/9oY P191C) To R'y ra cy ANo �a;M2 � oe✓c-7j 110 ii S lfocnQ�isr C�i2 c^orr/ci2�TE i9n<o [A�2s+oiv 3viG)i:vG /t,wrt-r�iivLS. 4- /f I" W / L e i rL 6 7a )-(1 S-0poo Demand for Judgement. Tv cor'Pcy WI`l7 f [ IHX R�o�J� 19"6 �— sy r/d,s Tf'Pc coui2T� Based on the claim stated above, judgement is demanded against defendant as follows: 1. Payment of $ �5O , plus interest and costs. 2. Recovery of the following described personal property, plus costs: Said property has an estimated value of Instructions to plaintiff: 1. State the claim you have against the defendant in the space provided. Be clear and concise. 2. Your total claim against defendant may not exceed not including interest and costs. If you are seeking the recovery of personal property, the value of that property shall be based on your estimate of its value under oath. 3. You must be present in person at the hearing in order to avoid default judgement against you on any claim defendant.may have which arises out of the transaction or occurrence which is the subject of your claim against him. 4. You must make demand for judgement in one or both of the spaces provided above. 5. Neither you nor the"defendant are permitted to appear with an attorney at the hearing. 6. You may not file more than five small claims under the small claims procedure act in this court during any calendar year. 7. After completin this form, you must subscribe to the following oath: hereby swear that, to the best of my knowledge and belief, the fore - .,going claim asserted against a dee dant (including the estimate of value of any property sought to be recovered) is a just,andtrue statement, exclusive of any valid claim or defense which defendant may have. Sgbscribed and � sworn to before me thin '3 f a'l-r , day of (Signature) Plaintiff ��//� (Signature) Lam-. 9f-c*aZ,t ,z DEPUTY CLERK, DISTRICT COURT OR NOTARY CITY OF SAILdINAL DEAN BOYER. P. E. CITY ENGINEER ENGINEERING DEPARTMENT 3DD WEST ASH STREET P. O. BOX 746 SAUNA KANSAS 67401 AREA CODE 913 6474181 March 30, 1981 Mr. Steve McGreevy Western Surety Company 908 West Avenue, North Sioux Falls, South Dakota 57192 Re: Claim S-30,033, Bond 5751795 - Raymond Henry Dear Mr. McGreevy: DONALD E. HOPP. P. E. ASST. CITY ENGINEER D. W. BASSETT TRAFFIC ENGINEER In accordance with your request, dated March 27, 1981, we are enclosing a copy of city ordinances and specifications relating to construction work on public right-of-way and a copy of the inspection report on a defective concrete drive- way approach constructed at 2612 Bret Avenue by Mr. Raymond Henry. If you need any additional information, please contact me. Sincerely, Don Hoff, P. .%, DH:MKP ENC: (23) MEMBER ... KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES INSPECTION REPORT PERMIT NO.: 10025 PERMIT DATE: November 25, 1980 CONTRACTOR: Ray Henry OWNER: Ronald Rigney ADDRESS: 2612 Bret REMARKS: Mr. Jack Ayers, the City of Salina's Construction Inspector, met with Mr. Ray Henry at the above address to discuss construction requirements for the driveway approach modifications on November 25, 1980. He advised Mr. Henry to compact the subgrade before placing concrete pavement and to conform to the "Specifications for Concrete Work". It was observed on December 4, 1980 that the driveway approach had been placed. The contractor failed to notify the City Engineer's office prior to placement of the concrete for this driveway approach. The expansion joint was omitted at street side of the sidewalk section; a portion of the driveway approach was constructed with a concrete mix not meeting our minimum specifications; and settlement had commenced to occur in the subgrade, resulting in a finished grade that did not match adjacent concrete grades. The contractor refused to correct the inferior workman- ship on this project. The owner, Mr. Ronald Rigney, then filed suit in Small Claims Court against Mr. Raymond Henry. / ) Don Ho f, P.