80-8803 Levy AssessmentsORDINANCE NUMBER 80-880
(Published in The Salina Journal
9 , 1980)
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 Number 80-3493, duly published in
the official city newspaper on the 27th day of June, 1980, 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 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 so constructed, and SO NOW, THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
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 curb line on the north
side of Otto Avenue from the east line of Tulane Avenue to
the west line of Ninth Street, adjacent to Lots 1, 6, and 7,
Block 1, Waters Subdivision of the City of Salina, Saline
County, Kansas.
Section 2. That for the work and improvements herein provided for,
the City Engineer shall on or before the 11th day of August, 1980, 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 said 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 ten (10) percent per annum, 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
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include the annual installments on all unpaid balances for one year at the rate
not to exceed ten (10) 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, 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.
(SEAL)
ATTEST:
c
D. L. Harrison, City Clerk
Introduced: July 28, 1980
Passed: August 4, 1980
Dan S. Geis, ,Mayor