91-9443 Sidewalk AssessmentsK,h,-C X Printing —Salina, Kansas
(Published in The Salina Journal Maya 7, 1991)
ORDINANCE NUMBER 91-9443
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 91-4269, duly published
in the official city newspaper on the 1st day of February, 1991; 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 60 days from the date of the last publication thereof; and
WHEREAS, Resolution Number 91-4282, duly published March 22, 1991,
extending the time to construct certain sidewalks to May 1, 1991; and
WHEREAS, the owner or owners, or part of them failed to cause said
sidewalks to be so constructed, SO NOW, THEREFORE
Section I. 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 Ellsworth Avenue, adjacent to Lot 18, Replat
of Block
3, Claflin's Addition to the Grounds of Kansas
Wesleyan
University Addition.
A concrete sidewalk installed at the curb line on
the north
side of Ellsworth Avenue, adjacent to Lot 10, Replat
of Block
3, Claflin's Addition to the Grounds of Kansas
Wesleyan
University Addition.
A concrete sidewalk installed at the curb line on
the north
side of Ellsworth Avenue, adjacent to Lot 18,
Block 4,
Claflin's Addition to the Grounds of Kansas
Wesleyan
University Addition.
A concrete sidewalk installed at the curb line on
the north
side of Ellsworth Avenue, adjacent to Lot 17,
Block 4,
Claflin's Addition to the Grounds of Kansas
Wesleyan
University Addition.
Section 2. That for the work and improvements herein provided for,
the City Engineer shall on or before the 20th day of May,
1991, 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.
Kuhn -Cor Printing — Salina, Kansas
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 as 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 thirty (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 thirty (30) day 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 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
Kuhn -Cox Printing — Safina, Kansas
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 installment on all unpaid balances for one year at the
rate not to exceed twelve (12) percent 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 amount and form required by
law.
Section 8. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
[SEAL]
ATTEST
Jacqueline Shiever, City Clerk
Introduced: May 13, 1991
Passed: May 20, 1991
; d�t
Stephen C. an, Mayor