82-8904 Levy AssessmentsORDINANCE NUMBER 82-8904
(Published in The Salina Journal M �A y 14 , 1982)
AN ORDINANCE LEVYING SPECIAL ASSESSMENTS ON LOTS, PIECES AND PARCELS
OF GROUND IN THE CITY OF SALINA, KANSAS, FOR THE PURPOSE OR PAYING A PORTION OF
THE COST OF:
Curbing, guttering, paving, grading, storm inlets, sewer
piping and any incidental work to complete the street
improvement on DIAMOND DRIVE from the west end of the
existing pavement, approximately four hundred feet (400')
west of the center line of U.S. 81 Highway (Ninth Street)
to a point nine hundred seventy-one feet (971') west.
WHEREAS, pursuant to proceedings regularly had according to law,
contracts have been let for the following improvements in the City of Salina,
Saline County, Kansas:
Curbing, guttering, paving, grading storm inlets, sewer
piping and any incidental work to complete the street
improvement on DIAMOND DRIVE from the west end of the
existing pavement, approximately four hundred feet (400')
west of the center line of U.S. 81 Highway (Ninth Street)
to a point nine hundred seventy-one feet (971') west.
and such contracts have been duly performed, and
WHEREAS, the Board of Commissioners has determined that the total cost
of such improvements is ninety-two thousand one hundred forty-one and 66/100
dollars ($92,141.66) and that 100.00 percent, in the amount of ninety-two thouand
one hundred forty-one and 66/100 dollars ($92,141.66) be assessed against the
improvement district and no assessment against the city -at -large.
WHEREAS, in accordance with the provisions of Resolution Numbers 3113
and 3119, the petitioners are required to pay fifty percent (500) of the
assessment for improvement. The total assessment paid by petitioners is nine
thousand seven hundred ninety-eight and 00/100 dollars ($9,798.00) leaving a
balance of eighty-two thousand three hundred forty-three and 66/100 dollars
($82,343.66) to be levied against the lots and pieces of ground described herein,
and
WHEREAS, the Board of Commissioners has, after due notice, met and
determined the amount of special assessments, SO NOW, THEREFORE
Kansas:
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Section 1. Special assessments to pay the cost of such improvements
with accrued interest, be and the same are hereby levied against the several
lots, pieces and parcels of land liable for special assessments for said
improvements as follows:
INTERSTATE DISTRICT NORTH OF 1-70 ADDITION
Lot 3 - - - - - - - - - - - - - - - - - - - - - - - - $11 , 447.03
INTERSTATE DISTRICT NORTH OF 1-70, LOTS 4 - 7, ADDITION
Lot 4 - - - - - - - - - - - - - - - - - - - - - - - - 8,037.27
Lot 5 less the West 50' - - - - - - - - - - - - - - - 6,088.84
West 50' Lot 5 and East 125' Lot 6 - - - - - - - - - 10,638.86
Lot 6 less East 1 25' - - - - - - - - - - - - - - - - 1,538.82
Lot 7 - - - - - - - - - - - - - - - - - - - - - - - - 7,507.59
INTERSTATE DISTRICT NORTH OF 1-70 ADDITION NUMBER 2
Block 1
Lot 5less the South 38- - - - - - - - - - - - - -- 5,976.61
South 38' Lot 5 and Lot 6 less the West 130 feet and
Lot 2 lying south of the common boundary between
Lots 5 and 6 - - - - - - - - - - - - - - - - - - 9,686.85
West 130 feet of Lot 6 - - - - - - - - - - - - - - - 2,203-59
Block 2
Lot 1 - - - - - - - - - - - - - - - - - - - - - - - - 17,642-73
A tract of land in the Southeast Quarter of the Northeast
Quarter (SEA NE/4) of Section Thirty-five (35), Township
Thirteen (13) South, Range Three (3) West of the Sixth
Principal Meridian in Saline County, Kansas, described as
follows: Beginning at a point on the west right-of-way
of U.S. Highway 81, said point being one hundred eleven
and eight tenths feet (111.8') north and sixty-five and
seven tenths feet (65.7') west of the southeast corner of
the Northeast Quarter (NE/4) of said Section Thirty-five
(35); thence north along the west right-of-way line of
U.S. Highway 81, a distance of four hundred forty-one
(41) and eight tenths feet (541.81) to a point on the
northerly right-of-way line of a county road (now Diamond
Drive in the City of Salina), said right-of-way line being
an arc of a circle whose radius is four hundred fifty-six
and seventy-five hundredths feet (456.75'); thence in an
easterly direction along said right-of-way line a distance
of four hundred seventeen and eighty-seven hundredths feet
(417.87') to the point of beginning; excluding therefrom
however, the land and right conveyed therefrom unto the
State Highway Commission of Kansas, and/or the State
of Kansas, as of record - - - - - - - - - - - - - - - 1,575.47
TOTAL $82,343.66
Section 2. Said amounts so levied, apportioned and assessed as
aforesaid will be due and collectible in ten equal installments, the first
becoming due with the taxes levied for the year 1982, and one of said installments
falling due each and every year thereafter until all are paid and all to be
collected with interest as in this ordinance provided, HOWEVER, that the owner
of any piece or parcel of property liable for any such assessments may redeem
his property from such liability by paying to the City Treasurer the entire
amount chargeable against the same, as in this ordinance provided, at any time
within thirty days after the publication of this ordinance and before the
issuance of bonds of said City in payment of the balance of the cost of said
improvements, the property so paid on shall not thereafter be liable for any
further assessments for the cost of said improvements, nor for any part of said
bonds.
Section 3• There is hereby levied further and assessed against such
lots and pieces of ground described in this ordinance, interest at such rate per
annum as shall be borne by bonds hereafter to be issued for the payment of the
remaining unpaid cost of such improvements to be hereafter determined and fixed
by ordinance, when such bonds are issued on all of said installments mentioned
and provided for in this ordinance, from the date of the bonds which may be
issued at the end of thirty days as specified in the preceding section hereof,
as by law provided, to the time of the collection of the installments as provided
by law, which said interest shall be collected and after the taking effect of
this ordinance and the fixing of said interest rate when such bonds are authorized
and issued, however such interest rate shall not exceed 12 percent per annum, it
shall be the duty of the City Clerk of said City to annually, at the same time
other taxes are certified, and until all of said assessments so apportioned and
levied have been certified to the County Clerk of Saline County, Kansas, certify
a full list of all property liable to assessments and taxation for such work and
improvements, except such property on which the special assessments aforesaid
have been paid in full, as hereinbefore provided, together with the respective
amounts due on each of said lots and pieces of ground, which amounts shall
include the annual installments on special assessments together with the interest
for one year at the rate to be fixed as provided for in this ordinance, on all
unpaid balances of such assessments, such amounts so certified as herein provided
shall be placed upon the tax roll by the County Clerk of Saline County, Kansas,
and collected as other taxes are collected.
Section 4. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
(SEAL)
ATTEST:
i
.mayUlf
D. L. Harrison, City Clerk
Introduced: April 26, 1982
Passed: May )p, 1982
Keith G. Duckers, Mayor