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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