5576 First Dwelling Housing District1
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ORDINANCE N0, 5576
AN ORDINANCE amending Ordinance No. 5549 of the City of Salina., and creating, regulating
and restricting the use of a temporary zone and regulating and restricting the
location, repair, alteration of buildings designed for the specified use; and
regulating as restricting use of land within said temporary zone; and temporarily
excluding certain land from District "A", First Dwelling House District as defined
by Ordinance No. 5519; and including said land in said temporary district;and pre-
scribing a penalty for the violation of its terms and repealing Ordinance No. 5186,
only insofar as it conflicts herewith.
WHEREAS, pursuant to the provisions of Ordinance No. 3188 and the laws of the State of
Kansas, Kansas Wesleyan University, a Corporation, petitioned the Board of Commissioners
of the City of Salina to create a Class "B" Emergency Zone; and
WHEREAS, said petition was referred to and favorably approved by the City Planning and
j Zoning Commission and submitted to the Board of Commissioners and said Board approved the
recommendation of said City Planning and Zoning Commission, and ordered the City Clerk to
give a thirty (30) day notice to the public of the petition to create a new zone and of
intent to place certain lands therein; and
WHEREAS, said hearing was duly held as by ordinance and law made and provided and Ordinance
No. 5186 of the said city was therefor duly adopted and published as by law provided; and
WHEREAS, the limit of time of temporary use of said emergency zone will expire September 1,
1951; and
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WHEREAS, Kansas Wesleyan University has petitioned for the said temporary use to be con-
tinued; and
WHEREAS, said Ordinance No. 3188 has been repealed, and all violations and rights saved
thereunder, and Ordinance No. 5549, duly adopted; and
WHEREAS, said petition was duly referred to the Planning and Zoning Commission of said
city and said Commission duly recommended a limited continuance of said temporary use;
and
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WHEREAS, all conditions precedent to the limited temporary use, aforesaid, being continued
have been duly complied with;
NOW THEREFORE, BE IT OFZAINED by the Board of Commissioners of the City of Salina, Kansas.
29-3-42A. Section 1. That the preambles of this ordinance are hereby made a part
hereof. That for the purpose of regulating and restricting the locations of tatades and the
location, erection, alteration and repair of buildings erected, altered and repairs for
specified uses and the use of the land in the specified district, a temporary "Use District"
hereby denominated "Class 0 Emergency District." is hereby created.
29-143A. Section 2e That Lots 7 9 ll
: a a 13a 15a 17 and 19 on KirWin Avenue in the
Grounds of the Kansas Wesleyan University are hereby temporarily excluded from the District
"A", First Dwelling House District, subject to all the limitations of this ordinance, and
said land is hereby temporarily included in the Class "C" Emergency District, subject to
the limitations and restrictions of this ordinance and such regulations as may be hereafter
provided for.
29-714". Secti, 3e That the land included in Class frC" Emergency District by
Section 2 hereof and any land hereafter included in said district shall revert to District
"Ar', First Dwelling House District, as defined by Ordinance No. 5549 on or beforeSeptember
1, 1954 as in this section provided. That the Board of Commissioners hereby reserve the ;
right to terminate said temporary use upon the expiration of 90 days after the adoption
and publication of a resolution sorovidi
p ng. That in the event said temporary use is
not so terminated on or before September 1, 1952 or September 1953, such temporary use
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shall automatically cease on the expiration of each annum, aforesaid, unless the owners
of all M said lands petitions the said board at least 30 days prior to the expiration
of each annum for continuance of said temporary use for an additional annum and such
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petition is granted by an appropriate resoltuion duly adopted. That upon said property
reverting to District A, aforesaid, shall be subject to all the limitations and restric-
tions for such district under the terms of said Ordinance No. 5549, aforesaid.
29-1451. Section 4. That in Class "Ct= Emergency District as defined and regulated
by all the provisions hereof, temporary, emergency multiple frame dwelling may be erected
and maintained and said district shall not be subject to any other use exceptsuch uses
as be authorized "An
may by District, aforesaidp as regulated by Ordinance No. 5549.
29•146A. Section 5. That as a condition precsient to the use, maintenance, alteration
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and repairs of temporarys emergency, multiple frame dwellings, under the provisions thereof,
any owner of land in said emergency use district shall submit a satisfactory corporate
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surety bond conditioned to the City of Salina 3n the sum of Six Thousand ($6,000.00)
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Dollars and further conditioned that any such owner, his or its heirs, executors, admi
trators, devices, trustees, successors and assigns shall remove from any land in such
emergency use district all multiple frame dwellings on the termination of the use district
as herein provided and in any event prior to September 1, 1954, and further conditioned,
on default of such removal, that the City of Salina, its agents, ernploy+ees, contractors
and servants, are authorized to enter upon said premises to remove said multiple dwelling
therefrom and that the principal and the surety will reimburse the said city for all
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expense incurred incident to such removal and further conditioned that in the event of
default of such removal that said principal and surety will pay all expense and damages
suffered by the said city in causing the removal thereof, provided that the City Manager
shall approve said surety bond.
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29-247A. Section 6. person., firm or
� p s corporation who shall violate, neglect or
refuse to comply with or who shall maintain, use or construct any building or premises in
violation of any of the provisions of this ordinance shall upon due conviction, be fined
in any sum not exceeding Five Hundred ($500.00) Dollars for each offense and each day that
a violation is permitted, caused or continued to exist shall constitute a separate offense
and in addition to the above penalty such actions at law or suits in equitymai, be maintained
by the City of Salina or any interested person, as may be authorized by law.
29-148A. Section 7. Should any section, clause or provision of this ordinance be
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declared by any court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole or any part thereof, other than the part so de-
clared to be invalid.
29-248B. Section 8. That Ordinance No. 5186 be and it is hereby repealed, only
insofar as in conflict herewith and all rights thereunder not inconsistent herewith are
!hereby expressly reserved.
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29-149A., Section 9. This ordinance shall be effective from and after its passage
and due publication once in the official city paper according to law.
Introduced August 6, 1951
Passedp August 13, 1951
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Attests Mayor
iy Citiric
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