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8361 Levy AssessmentsORDINANCE NUMBER 8361 (Published in The Salina Journal c 1974) I 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 3162, 3170, 3184, duly published in the official city newspaper on the 28th day of September, 1973, the 25th day of January, 1974, and the 24th day of May, 1974; the Board of CommissionE rs determined the necessity of and directed that the owners of certain lots to construct certain sidewalks immediately adjacent to their respective lots within 45, 60 and 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 Governing Body 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 on the North side of Wayne Avenue from Norton Street East 138 feet, adjacent to the South line of Lot 28, Block 3, South Field Addition. A concrete sidewalk on the North side of Wayne Avenue from Roach Street West 138 feet, adjacent to the South line of Lot 14, Block 4, South Field Addition. A concrete sidewalk on the North and East side of Key Avenue from Belmont Boulevard to Neal Avenue, adjacent to Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, Block 24, Key Acres Addition. A concrete sidewalk on the South side of Hartland Avenue, adjacent to Lot 8, Block 25, Key Acres Addition. A concrete sidewalk installed at the curb line on the north side of Wayne Avenue and adjacent to Lot 14, Block 6; and Lot 12, Block 11, Gebhart Manor Addition. A concrete sidewalk installed at the curb line on the south side of Wayne Avenue and adjacent to Lots 1, 2, and 3, Block 2; and Block 3, Meadowlark Acres Addition. A concrete sidewalk on the North side of Kirwin Avenue and adjacent to Lot 14 and the South 5 feet of Lot 12, Kirwin Avenue, Grounds of Kansas Wesleyan University. A concrete sidewalk on the Southeast side of Edward Street and adjacent to Lot 16 except the Southeast 5 feet; and Lot 17 and the Southeast 5 feet of Lot 16, Block 13, Belmont Addition. Section 2. That for the work and improvements herein provided for, the City Engineer shall on or before the 12th day of August, 1974, 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 thereof 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. 4 Section 7. That for the purpose of paying the cost of the work and improvements in this ordinance provided for, the Board of Commissioners is hereby directed and authorized to issue Internal Improvement Bonds or Scrip of the City 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 six percent (6%) per annum 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 manner 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: Z' ZAW-4�-- D. L. Harrison, City' Clerk Introduced: August 5, 1974 Passed: August 12, 1974 W. M. Usher, Mayor 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 six percent (6%) per annum, and for the purpose of paying the principal and interest on said bonds or script 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 six percent (6%) per annum 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 manner 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: Z' ZAW-4�-- D. L. Harrison, City' Clerk Introduced: August 5, 1974 Passed: August 12, 1974 W. M. Usher, Mayor