81-8852 Levy AssessmentsORDINANCE NUMBER 81-88
(Published in The Salina Journal
1981)
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF CERTAIN SIDEWALKS, FOR
THE PAYMENT OF THE COST THEREOF, AND HOW THE SAME SHALL BE ASSESSED AND THE
MANNER OF THE PAYMENT THEREFOR.
WHEREAS, as provided by Resolution Numbers 81-3529 and 81-3539, duly
published in the official city newspaper on the 23rd day of January, 1981, and
the 17th day of April, 1981; the Board of Commissioners determined the necessity
of and directed that the owners of certain lots to construct certain sidewalks
immediately adjacent to their respective lots within 30 days respectively, from
the date of the publication thereof; and
WHEREAS, the owner or owners, or a part of them failed to cause said
sidewalks to be constructed, and SO NOW, THEREFORE
Kansas:
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Section 1. That it is necessary and it is hereby ordered that certain
sidewalks be constructed along the following course, to -wit:
A concrete sidewalk installed at the property line on the east
side of Ray Avenue from the south line of the existing sidewalk
south to Gail Avenue, adjacent to Lots 1 through 17, Block 38,
Key Acres Second Addition to the City of Salina, Saline County,
Kansas.
A concrete sidewalk installed at the curb line on the west side
of Fairdale Road from Crawford Avenue to Brookwood Lane and
from Northwood Lane to Overhill Road, adjacent to the following
property:
Block Five (5), Georgetown Addition.
Lots Six (6) and Twelve (12), Block Two (2), Replat of
Blocks Four (4), Ten (10), Eleven (11) and Twelve (12),
Georgetown Addition.
Lots Six (6) and Twelve (12), Block One (1), Replat of
Blocks Four (4), Ten (10), Eleven (11) and Twelve (12),
Georgetown Addition.
Lots Six (6) and Twelve (12), Block Three (3), Georgetown
Addition.
Lots Eight (8), Nine (9), Ten (10), Eleven (11), Twelve
(12), Thirteen (13), Fourteen (14), Block Four (4), Riker
Manor Addition.
Lots Two (2), Four (4) and Five (5), Block One (1),
Country Club Heights Addition Number Five (5).
Lot Five (5), Block Two (2), Country Club Heights Addition
Number Five (5).
Lot Thirteen (13), Block Three (3), Country Club Heights
Addition Number Three (3).
Lots Ten (10) and Eleven (11), Block Two (2), Country
Club Heights Addition Number Three (3).
Lots Fourteen (14), Fifteen (15), and Sixteen (16), Block
One (1), Country Club Heights Addition Number Three (3).
A tract of land lying in the Northwest Quarter (NW/4) of
Section Seventeen (17), Township Fourteen (14) South,
Range Two (2) West of the Sixth Principal Meridian in
Saline County, Kansas, more particularly described as
follows: From the Southwest corner of Lot 9, Block 4,
Country Club Heights Addition to the City of Salina;
thence southeast on the line between Lots 8 and 9 of said
Block 4, Country Club Heights Addition, extended fifty
feet (50'); thence in a northeasterly direction, parallel
to the south line of Lots 9 and 10, Block 4, Country Club
Heights Addition a distance of one hundred twenty-six
(126') to the place of beginning; thence in a northeasterly
direction parallel to and fifty feet (50') from the south
line of said Lot Ten (10) a distance of one hundred
twenty-five feet (125'); thence in a southeasterly
direction a distance of two hundred six and two-tenths
feet (206.21); thence in a southwesterly direction one
hundred eighteen and eight -tenths feet (118.8') to the
southeast corner of a previously described tract now
owned by Pauline Riddell; thence in a northwesterly
direction along the east line of said Riddell tract two
hundred six and twenty hundredths feet (206.20') to the
place of beginning and containing sixty hundredths acres
(0.60), more or less.
Section 2. That for the work and improvements herein provided for,
the City Engineer shall on or before the 22nd day of June, 1981, submit to the
Board of Commissioners, under oath, detailed estimates of the cost of such work
and improvements.
Section 3. That the work and improvements herein provided for shall
be constructed in accordance with the approved plans and specifications on file
in the Office of the City Clerk and the Office of the City Engineer of the City
of Salina, Kansas, as made and provided for by law and the ordinances of said
City. Said plans and specifications are incorporated herein by reference.
Section 4. That after the City Engineer has filed the detailed
estimate above ordered, the Board of Commissioners may advertise by advertisement
published in the official city newspaper of the City of Salina, Kansas, for
three (3) consecutive days for the receipt of sealed proposals for constructing
said sidewalks according to plans and specifications set out in Section 1 hereof,
and that said Board of Commissioners may and are hereby authorized and directed
to let contracts for said sidewalk construction to the lowest responsible bidder
or bidders therefor as determined by the Board of Commissioners, said Board
reserving the right to reject any or all bids, if no bids shall be received
within the estimate, the Board of Commissioners shall have the power to do such
work and make such improvements within the estimated cost thereof, as provided
by law.
Section 5. That when said sidewalk or sidewalks have been constructed,
then special assessments shall be levied against such lot, lots or parts of lots
for the full cost or pro rata abutting footage cost thereof and the Board of
Commissioners shall levy an assessment against each lot or piece of land abutting
said sidewalk, by ordinance, and the property owner or owners shall have 30 days
after the publication hereof in which to make full payment of the assessment.
The City Clerk shall mail a notice not less than 15 days prior to the end of
said 30 days period to the owner or owners of the property or parts thereof, as
shown on the records of the Office of the Register of Deeds, but failure of the
owner or owners to receive the notice shall not affect the validity of the
assessment.
Section 6. That for the payment of the cost of construction of the
above mentioned sidewalks, assessed in four (4) approximately equal installments,
shall be made against the property abutting on the sidewalks.
Section 7. That for the purpose of paying the cost of the work and
improvements in this ordinance provided for, the Board of Commissioners are
hereby directed and authorized to issue Internal Improvement Bonds or Scrip of
the City of Salina, Kansas, in an amount not to exceed the contract price or
cost of such improvements. Said bonds or scrip shall run for a period of four
(4) years and be payable in four (4) equal installments, together with interest
not to exceed twelve (12) percent, and for the purpose of paying the principal
and interest on said bonds or scrip as they severally become due and payable,
the Board of Commissioners shall apportion and assess against the lots and
pieces of land within the taxing district of such improvements, special
assessments covering the cost of such improvements and the apportionment herein
contained shall hold good for all of the installments that are to be collected
from the specific property chargeable with said improvements. Such assessment
and apportionment ordinance shall contain the total amount of tax apportioned to
each tract,
piece or
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
Saline 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 and pieces of land, which amounts shall
include the annual installments on all unpaid balances for one year at the rate
not to exceed twelve (12) percent on such amounts so certified which shall be
collected as other taxes are collected. That pending the issuance and sale of
bonds or scrip as aforesaid the temporary notes may be issued from time to time
to pay the accrued cost thereof in the amount and form required by law.
Section 8. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
Introduced: June 8, 1981
(SEAL)
ATTEST:
Fj
D. L. Harrison, City Clerk
Passed: June 15, 1981
erle A. Hodges, M.D a Mayor