5186 Class B Emergency Zone(First Published in the Salina Journal,
/, 1946.)
ORDINANCE N0,, 5186
AN ORDINANCE amending Ordinance No. 3188 of the City of Salina, and
creating, regulating and restricting a temporary acne and regulating and
restricting the location, erection, alteration and repair of buildings
designed for the specified use; and regulating and restricting the use of
land with said temporary zone, and establishing regulations relating
thereto, and temporarily excluding certain land from Class "'A" Residential
District, as defined by Ordinance No. 3188, and including said land in
said temporary zone, and prescribing a penalty for the violation of its
terms.
WHEREAS, pursuant to the provisions of Ordinance No. 3188 and the laws
of the State of Kansas, The Kansas Wesleyan University, a Corporation, peti-
tioned the Board of Commissioners of the City of Salina to create a Class
B Emergency Zone, and
/ WHEREAS, said petition was referred to and favorably approved by the
City Planning and Zoning Commission and submitted to the Board of Commis-
sioners and said Board approved the recommendation of said City Planning
and Zoning Commission, and ordered the City Clerk to give a thirty (30)
day notice to the public of the petition to create a new zone and of in-
tent to Place gortain lands therein; and
WHEREAS, said notice was duly published as required by law and proof
of publication thereof duly filed in the office of the City Clerk; and
WHEREAS, said hearing was duly held as by ordinance and law provided,
NOW THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
SECTION 1. That for the purpose of regulating and restrioting the
location of trades and the location, erection, alteration and repair of
buildings erected, altered qtr repaired for specified uses and the use of
the land in the specified district, a temporary "Use District''', hereby
denominated "Class B Emergency District", is hereby created.
SECTION 2. That Lots 7, 9, 11, 13, 15, 17 and 19 on Kirwan Avenue
in the Grounds of the Kansas Wesleyan University arehereby temporarily ex-
cluded from the Class "A" Residential District, subject to all. the limita-
tions of this ordinance, and said land is hereby temporarily a,ncluded in
the Class "B" Emergency District, subject to the limitations and restrictions
of this ordinance and such regulations as may be hereafter provided for.
SECTION 3. That the land included in Class "B" Emergency District by
Section 2 hereof and any land hereafter included in said district shall re-
vert to and become a part of Class "A" Resi ntial District as defined by
Section 8 of Ordinance No. 3188 on
and shall thereupon be subject to a th imitation and restrictions��o
such district under the terms of said Ordinance No. 3188 and all amendments
thereto.
SECTION 4. That in the Class "B" Emergency District as defined and
regulated by all the provisions hereof, temporary, emergency, multiple,
frame dwellings may be erected.
SECTION 5. That as a condition precedent to the erection, alteration
or repair of temporary, emergency, multiple frame dwellings, the owner of
land in the said temporary use district shall apply for a building permit as
by ordinance provided and shall submit a satisfactory corpgr to surety b nd
conditioned to the City of Salina in the sum of,i
( o 0O0 ) Dollars and further conditioned that the m-ner, s ori s
he rs, executors, administrators, devisees, trustees, successors or assigns
shall remove from any land in the Class "B" Emergenc Dis riot all temporary,
emeyZency, #ultiple, frame dwellings on or before ��}- ,
19j�, and further conditioned, on default of such rem vel, t at the City of
Salina, its agents, employees and servants are authorized to enter upon said
premises to remove said buildings therefrom and that the surety will reim-
burse the said City for all incurred expense incident to such removal and
further conditioned that in the event of default of such removal that the
surety will pay all expense and damages suffered by the said city in causing
the removal thereof, provided that said bond shall be first approved by the
City of Salina, Kansas,
SECTION 6. Any person, firm or corporation who shall violate, neg-
lect or refuse to comply with or who shall maintain, use or construct any
building or premises in violation of any of the provisions of this ordinance
shall, upon due conviction, be fined in any sum not exceeding FIVE HUNDRED
($500) DOLLARS for each offense and each day that a violation is permitted,
caused or continued to exist shall constitute a separate offense, and in
addition to the above penalty such actions at law or suits in equity may be
maintained by the City of Salina or any interested persons, as may be author-
ized by law.
SECTION 7. Should any sections, clause, or provisions of this ordin-
anoe be declared by any court of competent jurisdiction to be invalid, the
same shall not affect the validity of the ordinance as a whole or any part
thereof, other than the part so declared to be invalid.
SECTION 8. This ordinance shall be effective from and after its
passage and due publication once in the official City paper, according to
law.
Introduced September 23, 1946
Passed September 30, 1946
O
Mayor
Attest:
U100 �
KNO1,11 ALL IMM BY THESE PRESENTS, that we, KANSAS 7;'1ESLEY,'Vi UNIVERSITY,
a Corporation, with its principal place of business at Salina, Kansas, as
principal, and the UNITED STATES FIDELITY AND GUkRANTY COMPANY, a Corpora-
tion, duly authorized to do business in the State of Kansas as surety and
as a foreign corporation, as surety, are held and firmly bound unto the
City of Salina, a municipal Corporation, in the County of Saline and State
of Kansas, in the penal sten of SIX THOUSAND ($6,000.00) DOLLARS, good and
lawful money of the United States of America, well and truly to be paid,
and for the payment of which we, and each of us, hereby bind ourselves,
our successors and assigns, firmly by these presents.
`tit , the �ity of Salina, Kansas, heretofore duly enacted Ordinance
No. 31884"anY s
ce a n amendments thereto which are incorporated herein by
reference; and
WHEREAS, the principal is the owner of Lots Seven (7), Nine (9),
Eleven (11), Thirteen (13), Fifteen (15), Seventeen (17), and Nineteen
(19) on Kirwin Avenue in the Grounds of the Kansas Wesleyan University, an
Addition to the City of Salina, Kansas; and
"1fiET1EAS, said described property was, prior to October ?, 1946, in
the Class "A" Residential District as by terms and conditions of said Ordi-
nance No. 3188, and amendments thereto, made and provided; a:ad
MHMAS, under the terms of Ordinance No. 5186 said described lands
were conditionally and temporarily rezoned into Class "B" Emergency, per-
missive of erection and removal of temporary, emergency, multiple frame
dwellings, a full, true and correct copy of Ordinance 2I0. 5186 being attached
hereto and made a part hereof; and
;9HEI EAS, the principal is now in process of installing said multiple
frame dwellings on the described land; and
SO NOW THERL70R ', in compliance with. the conditions precedent of said
Ordinance No. 5186, the conditions of the above obligation are such that:
The principal, its successors and assigns, shall remove all such tem-
porary, emergency, or multiple frame dwellings from the described land on
or before_ September 1., 1951, or upon default thereof that the. City of Salina,
its agents, employees and.servants are hereby authorized to enter upon said
described land and to remove said buildings therefrom and that the principal
and surety will forthwith reimburse the said city for all incurred expense
incident to such removal and further in event of default of such removal as
aforesaid that the principal and surety will pay all expense and damages
suffered by said city.
NOS;?, if the above bounden principal, its successors and assigns, fully
comply with the terms and conditions of said Ordinance No. 5186 and duly
remove said buildings from said land on or before September 1, 1951, then
this obligation shall be null and void; otherwise to be and remain in full
force and effect.
The limit of liability on the surety shall be SIX TTFIOUSI'ITD ($6,000.00)
DOLLARS.
IN TESTIXONY 7HEREOF, we have caused our respective o��L=
tor-
neys-in-fact to execute this instrument this 3p _ day of 1946.
S
KANSAS "+ E<'AN UNIVMSITY, Principal.
a ,t By
Se etary President of the Board of Trustees.
UNITED STATES FIDFLITY AND Gzvj Al1TY
COlVa"ANY,/, Surety. /
i
By
Attorney -in -Pact,
Pourer Attached.
APPROYAL
The foregoing surety bond approved by me, pursuant to i.rections of the
B and of Commissioners of the City of Salina, on this .&'!'- ay of
, 1946.
z_ -------
City Clerk
(CERTIFIED COPY)
GENERAL POWER OF ATTORNEY
No....... 5...... 1 ......................
Know all Mex by these Presents:
That the UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of
the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
of the City of 3allim , State of
its true and lawful attorney in and for the State of
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
ambeft L almor
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this day of
> A. D. 19 44 .
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed)
(SEAL)'
(Signed)
STATE OF MARYLAND
BALTIMORE CITY
By: ............... x.11—W...:....................................I.............
Vice -President.
..... ..: +p�. ............................. I ........ ........
- Assistant Secretary.
On this day of , A. D. 19 +, before me personally came
• ice- resident of the UNITED STATES FIDELITY AND GUARANTY
COMPANY `andsit
• Assistant Secretary of said Company, with both of
whom I am personally .acquainted„ who, by me severally duly sworn; said that they resided, in° the City of Baltimore- Maryland;
that they, the said P s r s " and s It J1'i . . `were respectively
the Vice -President and theAssistantSecretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation
described in and which executed the- foregoing Power' of Attorney; that they each knew the seal of said corporation; that the seal
affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and
that they signed their, names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company.
My commission expires the first Monday in May, A. D. 19" -
(SEAL) ..
Si ned �•$�+
( g sew Notary- Public. _
STATE OF MARYLAND,- ` ,
Sct.
BALTIMORE CITY,
F,-_PIUM Clerk of the Superior Court, of Baltimore City, which Court _is.a
Court of Record, and. has a seal, do hereby certify that.. i -, Fsquire, before
whom, the annexed affidavits- were;made, and who has thereto- subs, 7 a a� w -doing a Notarg; Public of; the
State. of Maryland; -in, and for. the City. of Baltimore;.duly:-commissionedcand sworatand,:authorized-by law to administer;,oaths�;and..take
acknowledgments, or. proof of ideeds to, be recorded therein. I further certify that I am acquainted with the handwriting of the said
1Votary,�and verily believe the signature to be'hi signature_
' ••• 1I ' •: 1 .• t -••_L,. y � Cf -Z.: '7G �a,ATGC62
Im-Testimony Whereof;;L.hereto. set: myc.hand :and?saffm-the sealTof;thp�Superior,Coutt,ofBaltimore_City,,the;same�.beirm.aicourt
of Record, this - day of , A. D. 1 .
SEAL �g�s�, � ...................
Agency 51-A 6-44
� ���...����;..................
... d E�QPi1 LiVY1 Clerk othe. upersor Cour o e City.
,
m
COPY, OF SOL Ct�f a} tpa nlacaao► tro o a �s=�
ai ]4Cco it tp!;t ("Ar. Oi
,V,D,1iY.
Thacdwbeteds,A pis•cnktessaryL�or the reffectaaL transaction rof. business: thatrthisi-C npany.;,appoint,ageq!sjm i_:attorneys._vQith power
d in States other than Maryland, and in the Territories of the United States and in the Provinces
y�.: 3u.�ALZi t}i f?�16E.6 2taA8' U pe 6 ,ilU'
tirerfiLG
gfe,?omittiou Qfoa anld in6i�he`f o>ty off Newoundlan
raYv,a..t t a t ccJ:ge9 tlAz:.a I BLittcciuil, tis; 1 _ s 'nsrun.q -curt; lit ;xv�nci:tu U{ ti7� 7
2tec6Tbertfor;ve?triite;olve�; �tiiatoFtus r;ompany l'do,�tsad st herehy; does, cauthorize JandG.emower ins President,or, eithef;vf.,�ts
VicePresidentsr-inrconjuncdon,;with,its:Secretary:oruone}ofsdtszAssisraat��ecretares,sunder its- corporate?sea1,-,xQ appoinK;any;persoii;ar
persons as_;attorney or iattorneys-in-faCt,:oprsgenrbr: agents of said Company, in, its name and' s pits' acy to execute and deliver ,any .and
{ all contracts guargnteeing;the fidelity" of:persons holding positions of public: or privatewust; guarapteeigglttl .;perfotmaoces of-contracts
other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings,
or, by law` allowed;' and
Also,;;=in''1its ame-as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakingsoranything in the nature of either of the same, which are,.or may by law,
municipal ;or otherwise, or by any Statute of the United $rates' pr of any State or Territory,of"-the "United Statm or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body;1organization,1office:or officer,. I9cal,,=unicipal'o;"otherwise, be allowed, required or permitted to be executed, made, taken, given,
tendered; accepted, filed +1or-=recorded forthe security qr.cprotection_ of,; by .-or- for-- any- person ;or spersons„-corporation; body, office,
interest, municipality ; or .;other, association or organization whatsoever, in any and all capacides:.whatsoever,: conditioned: for the doing or
not doing of anything or any conditions :which "may be: provided for :in any such bond, recognizance, obligation, stipulation,: or; undertaking,
or anything,in: the nature of either of ghe same.
'an Assistant Secretary of_the "UNITED STATES FIDELITY "AND
GUARANTY' o�fy that the 'foregoing is a full, true and correct copy of the” virginal power aof attorney-given
by said Company to
• " - �F`�' Vii. , ... - _ .. .. _ ,
of , authorizing and empowering to sign bonds as therein set
fortk,whSich%oyver�oattorney never been revoked and is still in full force and effect.
And I do further certify}that=said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of
said resolution, and the whole thereof as recorded in the minutes of said meeting.
Is Testimony Whereof, I have hereunto sethand and a seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY this day of � , 19 541
..........:./............ .../ . ...................
.....................
. Assirtant Secretary.
I
ORDINANCE N0. 5186
(First published in the Salina Journal 1946)
Ali ORDINANCE amending Ordinance No. 3188 of the City of Salina, and creating,
lregulating and restricting a temporary zone and regulating and restricting
the location, erection, alteration and repair of buildings designed for the
specified use; and regulating and restricting the use of land with said
temporary zone, and establishing regulations relating thereto, and temporarily
excluding certain land from Class "A" Residential District, as defined by
Ordinance No. 3188, and including said land in said temporary zone, and pre-
scribing a penalty for the violation of its terms.
WHEREAS, pursuant to the provisions of Ordinance No. 3188 and the laws of the State
of Kansas, The Kansas Wesleyan University, a Corporation, petitioned the Board of
Commissioners of the City of Salina to create a Class "B" Emergency Zone, and
WHEREAS, said petition was referred to and favorably approved by the City Planning
and Zoning Commission and submitted to the Board of Commissioners and said Board
approved the recommendation of said City Planning and Zoning Commission, and ordered
the City Clerk to give a thirty (30) day notice to the public of the petition to
create a new gone and of intent to glace certain lands therein; and
MHEREAS, said notice was duly published as required by law and proof of publication
thereof duly filed in the office of the City Clerk; and
WHEREAS, said hearing was duly held as by ordinance and law provided, NOW THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:
Section 1. That for the purpose of regulating and restricting the location of
trades and the location, erection, alteration and repair of buildings erected,
altered or repaired for specified uses and the use of the land in the specified
district, a temporary "Use District", hereby denominated "Class B Emergency District
is hereby created.
Section 2. That Lots 7, 9, 11, 13, 15, 17 and 19 on Kirwin Avenue in the Grounds
of the Kansas Wesleyan University are hereby temporarily exclused from the Class "A"
Residential District, subject to all the limitations of this ordinance, and said land
is hereby temporarily included in the Class "B" Emergency District, subject to the
limitations and restrictions of this ordinance and such regulations as may be here-
after provided for.
Section 3. That the land included in Class "B" Emergency District by Section 2
hereof and any land hereafter included in said district shall revert to and become
a part of Class "A" Residential District as defined by Section 8 of Ordinance No.
3188 on September 1, 1951, and shall thereupon be subject to all the limitation and
restrictions for such district under the terms of said Ordinance No. 3188 and all
amendments thereto.
Section 4. That in the Class "B" Emergency District as defined and regulated
by allthe provisions hereof, temporary, emergency, multiple, frame dwellings may be
erected.
Section 5., That as a condition precedent to the erection, alteration or repair
of temporary, emergency, multiple frame dwellings, the owner of land in the said
temporary use district shall apply for a building permit as by ordinance provided
I
and shall submit a satisfactory corporate surety bond conditioned to the City of
Salina in the sum of six thousand ($6,000) dollars and further conditioned that the
ovmer, his or its heirs, executors, administrators, devisees, trustees, successors
or assigns shall remove from any land in the Class "B" Emergency District all
temporary, emergency, multiple, frame dwellings on or before September 1, 1951, and
further conditioned, on default of such remoaal, that the City of Salina, its agents,
employees and servants are authorized to enter upon said premises to remove said
buildings therefrom and that the surety will reimburse the said city for all incurred
expense incident to such removal and further conditioned that in the event of default
of such removal that the surety will pay all expense and damages suffered by the said
city in causing the removal thereof, provided that said bond shall be first approved
by the City of Salina, Kansas.
Section 6. Any person, firm or corporation who shall violate, neglect or refuse
to comply with or who shall maintain, use or construct any building or premises in
violation of any of the provisions of this ordinance shall, upon due conviction, be
fined in any sum not exceeding FIVE HUNDRED ($500) DOLLARS for each offense and each
day that a violation is permitted, cuased or continued to exist shall constitute a
separate offense, and in addition to the above -)enalty such actions at law or suits
in equity may be maintained by the City of Salina or any interested persons, as may be
authorized by law.
Section 7. Should any sections, clause, or provisions of this ordinance be declared
by any court of competent ,jurisdiction to be invalid, the same sgall not affect the
validity of the ordinance as a whole or any part thereof, other than the part so de-
clared to be invalid.
Section 8. This ordinance shall be effective from and after its passage and due
publication once in the official city paper, according to law.
Attest: Chas. E. Banker
City y Clerk
STATE OF KANSAS )
SS
COUNTY OF SALINE )
Introduced, September 23, 1946
Passed, September 30, 1946
_ Lloyd W. Price
Layo r
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 appy of Ordinance No. 5186 passed and
approved by the Board of Commissioners of the City of Salina September 30, 1946; and
a record of the vote on its final adoption is found on pale Journal No. 17.
City Clerk