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5216 Street ImprovementsORDIT-IANCE NO. 5216 (Published in the Salina Journal �3 1947) AN ORDINANCE providing for the curbing, guttering and grading of Franklin Street from the east line of Custer Street to the west line of Sherman Street; for the curbing, gutf-ering and grading of Cedar Street from the west line of I� College Street to the east line of the right-of-vray of the Missouri Pacific Railroad; for the curbing, guttering and grading of Hancock Street from the north line of Venango Street to the north line of Republic Avenue; for the curbing, guttering and grading of Grand Avenue from the west line of Eighth Street to the west line of Ninth Street; for the curbing, guttering and grad- ing of Tenth Street from the south line of Hamilton Street to the north line of Antrim Avenue; for the curbing, guttering and grading; of the south side of Kirwin Avenue from the west line of Fourth Street to the west line of Osborne Street; for the curbing, guttering and grading of Kirwin Avenue from the west line of Osborne Street to a po'_nt 125 feet east of the east line of Osborne Street; for the curbing, guttering and grading of Second Street from the south line of Forest Street to the south line of Pacific Street; for the curbing, guttering and grading of Woodland Avenue from the east line of Santa Fe Avenue to the center line of Front Street; for the curbing, guttering and gPading of Fourth Street from the center line of Forest Street to the south line of Pacific Avenue; for the curbing, guttering and grading of Eleventh Street from the center line of Harsh Avenue to the center line of Hamilton Avenue; for the curbing, guttering and grading of the west side of Front Street from the center line of Pacific Avenue to the center lire of Forest Avenue; for the curbing, guttering and grading of Fourth Street from the north line of Pacific Avenue to the canter line of Euclid Avenue; and _)roviding for the payment of the cost thereof, and how the same shall be assessed and the manner of the payment thereof. .�1IEREAS, by Resolutions No. 943, 951, 955, 961, 964, 966, 970, 971, 973, 974, 975 and 977, duly adopted on August 12, 1.946, September 30, 1946, December 9, 1946, /arch 3, 1.947, March 10, 1947, hrarch 17, 1947, I.4arch 17, 1947, Ivlarch 17, 1947, I.larch 24, 1947, Yarch 24, 1947, IJiarch 31, 1947 and April 7, 1947, respectively, the Board of Commissioners of the City of Salina have declared that they deem it necessary to curb, v:utter and grade each - Franklin Street from the e ast line of Custer Street to the west line of Sherman Street; Cedar Street from the west line of College Street to the east lire of the right -of -,ray of the Tviissouri Pacific Rail- road; Hancock Street from the north line of Venango Street to the north line of Re- public Avenue; Grand Avenue from the west line of Eighth Street to the west line of Ninth Street; Tenth Street from the south line of Hamilton Street to the north line of Antrim Avenue; the south side of Kirwin Avenue from the west line of Fourth Street to the west line of Osborne Street; Kirwin Avenue from the wrest lime of Osborne Street to a point 125 feet east of the east line of Osborne Street; Second Street from the south line of Forest Street to tree south line of Pacific Street; dyoodland Avenue from the east line of Santa Fe Avenue to the center line of Front Street; Fourth Street from the center line of Forest Street to the south line of Pacific Avenue; Eleventh Street from the center line of Harsh A,Tenue to the center line of Hamilton Avenue; Front Street from the center line of Pacific Avenue to the center line of Forest Avenue; Fourth Street from the north line of Pacific Avenue to the center line of Euclid Avenue. '"IEREAS, each of said resolutions were duly published for six days in the Salina Journal, daily newspaper published in said city, and being theofficial city paper, and the amjority of the resident property owners owning a majority in square feet of the lots or real estate liable to taxation for the cost of said improvements did not within twenty days from the date of the last publication thereof file with the city clerk a sufficient protest, in writing, against the making of said improvements, no protests of any kind havinrr, been filed; NOTA[ THEREFORE, BE IT ORDAIiIED by the Board of Correnissioners of the City of Galina, Kansas. Section 1. That it is necessary and it is hereby ordered that Franklin Street from the east line of Custer Street to the .rest line of 0herman Street in said city be curbed and guttered vrith the excavatio -,,a necessary therefor and graded to the es- tablished paving; grade to each side thereof, as ray be necessary for the completion of said work. V Section 2. That it is necessary and it is hereb;r ordered that Cedar Street from the vest line of College Street to the east line of the right-of-way of the Lissouri Pacific Railroad in said city be curbed and guttered with the excavation necessary therefor and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 3. That it is necessary and it is hereby ordered that Hancock Street from the north line of Venango Street to the north line of Republic Avenue in said city be curbed and guttered with the excavation necessary therefor and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 4. That it is necessary and it is hereby ordered that Grand Avenue ` from the west line of Eighth Street to the west line of Ninth Street in said city be curbed and guttered with the excavation necessary therefor and graded to the es- tablished paving grade to each side thereof, as may be nece-nary for the completion of raid work. Section 5. That it is necessary and it is hereby ordered that Tenth Street from the south line of Hamilton Street to the north line of Antrim Avenue in said s city be curbed and guttered with the excavation necessary therefor and graded to the established paving grade to each side thereof, as may be necessary for the com- pletion of said work. Section 6. That it is necessary and it is hereby ordered that the south side of Kirwin Avenue from the west side of Fourth Street to the west line of Osborne Street in said city be curbed and guttered with the excavation necessary therefor and graded to the established paving grade from the south line thereof to the center line thereof, as may be necessary for the completion of said work. Section 7. That it is necessary and it is hereby ordered that Kirwin Avenue from the west line of Osborne Street to a point 125 feet east of the east line of Osborne Street in said city be curbed and guttered with the excavation necec>sary therefor and graded to the est-blished paving grade to each side thereof, as may be necessary for the completion of said work. Section 8. That it is necessary and it is hereby ordered that Second Street from the south line of Forest Street to the south lire of Pacific Street in said city be curbed and guttered with the excavation necessary therefor and graded to the es- tablished paving grade to each side thereof, as may be necessary for the completion of said work. Sectiom 9. That it is necessary and it is hereby ordered that a'Voodland Avenue from the east line of Santa Fe Avenue to the center line of Front Street in said city be curbed and guttered with the excavation necessary therefor and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 10. That it is necessary and it is hereb-i ordered that Fourth Street from the center line of Forest Street to the south line of Pacific Avenue in said city be curbed and guttered with the excavation necessary therefor and graded to the es- tablished paving grade to each side thereof, as may be necessary for the completion of said work. Section 11. That it is necessary and it is hereby ordered that Eleventh Street from the center line of Harsh Avenue to the center line of Hamilton Avenue in said city be curbed and guttered with the excavation necessary therefor and graded to the established paving grade to each side thereof, as may be necessary for the completion of said work. Section 12. That it is necessary and it is hereby ordered that Front Street from the center line of Pacific Avenue to the center line of Forest Avenue in the city be curbed and guttered with the excavation necessary therefor and graded to the es- tablished paving grade to each side thereof, as may be necessary for the completion of said work. Section 13. That it is necessary and it is hereby ordered that Fourth Street front the north line of Pacific Avenue to the center line of Euclid Avenue in the city be curbed and guttered with the excavation necessary therefor and graded to the es- tablished pavin�r, grade to each side thereof, as may be necessary for the completion of said work. Section 14. For the work and improvements herein provided for, the City Engineer shall make and file with the City Clerk on or before the 9th day of June, 1947, co;;�plete plans and specifications for the curbing, guttering and grading (with excavation nec- essary therefor) of each of the streets or portions thereof described in Sections 1 to 13, both inclusive, of this ordinance, with the following type of improvement: Concrete combined curb and gutter on each side thereof (except the street described in Section 6 of this ordinance which is to be curbed and guttered on only one side), 30 inches wide from back of curb to paving line, curb 12 inches deep at back; gutter 6 inches deep; and the necessary grading of each to the established paving grade between the curb and gutter lines on each side thereof (except the street described in Section 6 hereof is to be graded to only the center line thereof) and within the limits of said streets hereinbefore described; and said Engineer shall on or before the same date, submit to the board of Commissioners under oath, detailed estimates of the cost of such work for such improvements. Section 15. That after such plans and specifications shall have been made and prepared by the City 1,ngineer and filed ,with the City Clerk as aforesaid, the Board of Commissioners may advertise by advertisement published in the official city paper of the City of Salina, Kansas, for three consecutive days for the receipt of sealed proposals for the improving of sa-d streets with the kind of material named and specified in the preceding sections hereof, and for the excavating and grading necessary for the completion of such work, and after the receipt of such proposals the said Board of Commissioners may and are hereby authorized to let con- tracts for the improving of said streets with the material selected by them to the lowest responsible bidder or bidders therefor, as determined by said board of Com- missioners, and for such excavating and grading. Said Board of Cor:maissio ers reserve tie right to reject any and all bids. Section 16. That for the improving of the above mentioned streets such assessments shall be made for the full costs thereof according to law, on all lots and pieces of land to the center of the block on either side of the streets to be improved according to the appraisers' valuation thereof without regard to the buildings or improvements thereon for the distance to be improved. Section 17. After thepassa�,e and publication of t'ais ordinance, the Board of Coruiissioners shall appoint three disinterested appraisers, householders, who after having taken an oath to make a true and impartial appraisement for all ots and pieces of land liable to assessment and taxation for the cost of the improvement herein provided for, shall within five days after having been notified of their appointment, proceed to appraise said lots and pieces of land liable to assessment and taxation as aforesaid, as may be designated by the 'oard of Commissioners of said city, wit-iout regard to the buildings or improvements thereon and after making said appraisement shall return the same to the Board of Co=issioners of said city and said Board of Commissioners shall designate a ti~re and place for the hearing of any complaints that may be made as to the value of any lots or pieces of land appraised as aforesaid, of which d --,e notice shall be given in the official city paper, at which hearing the Board of Commiss oners may alter any valuation of any lot or piece of land, if, in t'ieir opinion, the same has been appraised too high or too low. Section 18. That for the :suppose of paring the cost of the work and improve- ments in this ordinance provided for, the Board of Coi�inissioners are hereby author- ized and directed to issue internal improvement bonds of the City of Salina in an amount not to exceed the contract price or cost of such improvements and to run for a period of four years and be payable in four equal installments, together with in- terest not to exceed 5% per annum, which bonds shall be made payable at the Fiscal Agency of the State of Kansas; and for the purpose of paying principal and interest on said bonds as they severally becone due and payable, the Board of Corn::issioners shall apportion and assess against the lots and pieces of land within the taxing district of such iiprovements, special assessments covering the cost of such ir..prove- ments and the apportionment herei, contained shall hold �--ood for all the install- ments 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 apportioed to each tract, piece and 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 Cou#ty Clerk of Saline County, Kansas, a full list of all property liable for such work and improvements, together with the re- spective amounts due on each of said tracts, pieces and parcels of land, which amounts shall include the annual installments and interest on all unpaid balances for one year at the rate of not to exceed 5/o per annum, on such amounts so certified which shall be collected as other taxes are collected; PRO',,IDTi'D, that for the purpose of defraying the cost of improving the intersections and areas formed by the crossing of streets and alleys, and for the grading of said street where the same is provided for in this ordinance as well as where the improvement is t -:rough or adjacent to property of the city for which the city would be liable, the assessment will be made against all taxable property of the city and paid by the city at large. Section 19. This ordinance shall take effect and be in force from and after its publication in the official city paper. Attest: Chas. E. Banker City Clerk Introduced, May 12, 1947 Passed, May 19, 1947 Al Noyce Pik ,or STA E OF KLTSAS I SS COITNTY OF SALVE ) I, Chas. E. Banker, City Clerk of the Cit, of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 5216 passed and approved by the Board of CoLiraissioners of the City of Salina. lay 19, 1947; and a record of the vote on its final adoption is found on page Journal No. 17. (Published in the Salina Journal 1947) ORDI':ANCE NO, 5216 A.lz', ORDT <P.NCE providing for the curbing, Euttering and grading of Franklir. Street from the east line of Custer Street to the west line of Sherman Street; for the curbing, guttering and grading of Cedar Street from the west line of College gtr'9et to the east line of the rig ht -of -way of the 11iissouri Pacific Railroad; for the curbing, gutter'_ng and grad - of Hancock Street from the north line of iTenango Street to the north line of Republic Avenue; for trio turbine;, eutter:j,g and grading of Grand Avenue from the west line of Eighth Street; to the ti%rest line of ninth Street; for the curbing, guttering and grading of Tenth Street from the south line of Hamilton Street to the north 1 ne o si Avenue; for the curbin7, guttering and grading of tre south side of Xir-ta,in Avenue from the ,.rest lire of Fourth Street to the -.-est lire 07 Osborne Street; for the curbi.n_r, = ut':erin ~ and �-_radirg of Kirwin Avenue from the west line of Osborne Street; to a point 125 feet east of theeastline of Osborne Street; for the curbing, 2utteri.ng and grading of Second Street from the south line of Forest Street to the south line of Pacific S reet; for the curbi r 'c , ,g utterinE_ and grad-ing of 4.`oodland Aitenue from the east lire of Santa Fe Avenue to the center line of Front Street; for the curbing, gutterir_E; and gradinr of Fourth Street from the center line of Forest Street to the south line of Pacific Avenue; for the curbing, �7utteri.rg and u-rading of Eleventh Street from -the center line of Harsh Avenue to the center line of Hamilton Avenue; or the curbiiG°, muttering and grading of the west side of Front Street from the center line of Pacific Avenue to the center line of forest Avenue; for the curbing, guttering, and grading of Fourth Street from the north line of Pacific Avenue to the center line of Euclid Avenue; and -,providing for the payment of the cost thereof, end iaoti.- the same shall be assessed and the manner of the payment thereof. YliFREAS, by Resolutions No. 943, 951, 955, 961, 964, 966, 970, 971, 973, 974, 975 and 977, duly adopted on August 12, 1946, September 30, 1.946, December 9, 1946, IGarch 3, 1947, IV'.arch 10, 1947, 1,9arch 17, 1947, Idarch 17, 1 +47, 11�'arch 17, J`7 -..,.Larch 24, 1947," Larch 24, 1947, Larch 31, 1947 and April 7, 1947, re- spectively, the Hoard of Coirmissioners of the City of Salina have declared that they deer, it necessary to curb, gutter and grade: each - Franklin Street from the east line of Custer ztreet to the nest line of "herran Street; Cedar Street froTa the west line of College Street to the east line of the right -o" - way of the I:'issouri Pacific Railroad; Hancock Street from the north line of Venango Street to the north line of 'iepublic Avenue; Grand Avenue from the west line of Eighth Street to the west lire of Ninth Otreet; Tenth Street from the south line of Hamilton Street to the north line of Antrim Avenue; the south side of Kirwin Avenue from the west line of Fourth Street to the ;n=est line of Osborne Street; Kirwin Avenue from the gest line of Osborne Street to a point 125 feet east of the east line of Osborne Street; Second Street from the south line of Forest Street to the south line of Pacific Street; iyoodland Avenue froin the east line of Santa. Fe Avenue to the center l-ne of Front Street; Fourth Street from the center line of Forest Street to the south line of Pacific Avenue; Eleventh Street from the center line of Harsh Avenue to the center line of hauilton Avenue; Front Street from. the center line of Pacific Avenue to the center line of Forest Avenue; Fourth Street front the north lire of racific Avenue to the center line cf Euclid Avenue. VHtREAS, each of said resolutions were duly published for aiX days in the Salina Journal,daily newspaper published in said city, and beim;- the official city paper, and the majority of the resident property owners owning a majority in square feet of the lots or real estate liable to taxation for the cost of said improvements diO not -:vithin twenty days from the date of the last publica- ticn thereon"' file with the city clerk a sufficient protest, in writing, a,_,ainst the :laking of said i.Aprovernents, no protests of any kind having. been filed; i10W T - HEREFORE, BE IT ORDAINED bar the Board of Commissioners of the City of Salina, Kansas: Sectl 1. T-'la.t :Lt is necess3 r and it, .s tereb.,,,, f •c. r a �; T+' _ ._ _ `_.. j � i E e .. � r c:111:1 1 T i Street fro.. t- east line of Cusi,_. Street to t. e .;es:. 11_ie of 6.aer_ :ri S,,reet in be Curbec'. ,uttered ..i the E.tCI't.'v': i,1C11 nece6s'. ry ..:'.F l aor aiid racded to the established paving Trade to each si;. e t1a.-roof, ,:„ ...a;}, be necessary. `or t1e co.pletlort 1 said :.'ork. SeCt.. l";18.'t it ia" ilE;Cen s' -,_"y and .it is:lE:"E CirC1erF'u ':.,iat Cedar Street from, t'.e 7 -est lime of Call eke Street to tie east lire of t: e r ht - of -'•a, t.:e :.ISSourl :aCr :ic Railroad in said. , itf be curbed a%d, utCcred i ttl tie excavation neces, 3ary 'therefor and .-rad.ed to ttie to t3RCh side thF'reof;as ma„ be necess9ry for tale Co.Gi;ittiCrl r 1,. P -4- _t is necesr—r» and it Is %sere'., ordered r,1-atHancc ck Street f -or,, tAe orth 1 _.ne of VenanE:o Street to the north of Rc lic A":'enue In sold] cit --,r be curbed and =ut nre +,`?e excavation neC sSnY'y there- fcr and _railed to tale est -.:'lisped pavinr grade to each side *,hereof', as may be _;eces ;;r, for t:.e cor:° Dleticn of said zmrk. Sect:ioc 4. T'lf-t it is necessary and it is hereb.-. .,r?ered t' -at i'rand Ave.n,L e frog: the .:est i ine of Ei'-htn Street to the i,!est line of :ice., tr. S' re Et in sa `,.d Cite' be curbed and Guttered ,"'i ;h tate excavation necessf.ry t;.er-for a d =traded to t -ie esta'olished pa, iris -rade to eacn side thereof, as may be _t:,r t:le co =Pletion of said work. Se:, oil 5. 'rat it i3 necessary alld ft is hereby,- orC.ered; t' -,at Tenth Street rror:. tle souti: l iYle of '_-iarr_il ton Street to the north line of AY.triY;. A_ euue in said city be c.zr:)ed and ,uttered-:',ith the excavation ,.ecessery therefor and -railed to tie established pavin; grade to each side tziereof, as r.ay be necessary for the coon;;le.tion of said .vork. Seetiol 6. That it is necessarur and it is hereb<,r ordered th>.+ the south. side of Yirv.i.n Avenue from: tine mest side of Fourth;. Street; to t .e west 1.iYe o. 'v's: _,(`.r ne Street a.` -n sai.Q Ci:': ie Curbed and s':uttered xit'i it e exc3_v` t*orl ; therefor. " d E,, aded to the established pa .:,- `,rade fro:~: t: :e souths,-, rye sol.ith line thereof ,o the center 1 .=Ye thereof, a.s may be ::eceSsary for t le, co:;.^.letlon oP Said work. Section 7. That it is necessa.ry and it is hereby crdered that Kirwin Aveniue from tie vrest line of Osborne Street z;o a point 125 feet east of the ea,s t lire of Osborne Street in said city be curbed and C.uttered wit'l t}le ex- cavation necessary therefor and ;.graded to the establish.ee pavin- -rade to each side t�lereof, as m y be necessary for -I-,,-.e co.:ipietion of said .ork. Secti`,n d. That it is Tiecessam- and it is here ,.: ordered t.'1fAL, 5ec)nd south line of .Forest Street to tie south line of Pacific Street in said city be Curbed < nd -uttered „I k h the exc:,iv�.tip n necess­r; tlerefor f, 1, raded to t' -e establisned pavin ; t_ rade to each side ti•Yereof, as ..:ay be ,ecess"._'• for ', le C,0_. 1 e 4 n (;1' said .';ork. Section t. T' --.at it is necessary and it is hereby crdered '„-Yat "',bodland Ave:;ue fro;:i t le east line of Santa Fe Avenue to t' e center line o_' Front Street in said ci',y t,e curbed and ^uttered 'with the excavation necessary therefor and {railed to the established paving• `rade to each side thereof, as ~lay «e necessary for tie eo;,:�A etien of said v.ork. Section 10. That it is necesss+ry and it is hereby ordered that Fourth Street fro!:, t :e center line of Forest Street to t, -,e south line of Pacific A�Tenue in ,aid city be curbed and �_ut ered with the excavation necessary therefor and z.,raded to the established paving, rade to each side t ereof, as ,,a,r be necess.:3ry for the coY::pleticii of said v,rork. Section 11. That it is .necessary and .it: is hereby; ordered that Eleventh Street fro_:: t7e�center line of harsh Avenue to the center line of Ha Ilton Avenue in said city be curbed and f•uttered with the excavation necessary therefor and �-raded to the established pa.viiw; ~-,rade to each side tlr reof, as be r,ec- ess^ry fo-° t'ie co.r,._:,let:ion of said ..,ork. Section 12. That it is necessary and it 's ''ierPo;r order -_v4 Tr ;t S`fr;s=''t 114?% tix4 4 til,.j i1.�v p]4i fLv .�-iiv!_US- o v�: : 1 'l l? of Forest Avenue in the city be curbez and tTutsered with the excavation necessary -therefor and graded to the established paving grade to eac', side thereon', as may be :necessary for the eonipletion of said work. Section 13. That it is necessary and it is hereby ordered that Fourth Stroet from the north line of Pacific .Avenue to t=ze cent<sr line of Euclid Avenue in the city be curbed and guttered ­rith the excavation necessary therefor and `raded to the established paving grade to each side triereof, as may be necessary for the completion of said work. Section 14. For the work and L,,provements herein provided ibr, t ie City Eiieineer shall fluke and file with tie Cit,r Clerk on or r.efore the day of _ , 1441, complete plans and specifica- t10_Us -o tie carbiclg utte rf» and gradin, ( with excavation necessary therefor) of each of the streets or portions thereo.0 described in Seions 1 to "Oth inclusive, of this ordinance, arit t k, _F foliowinF~ type of itnprove,,nent: Concrete combined curb and gutter on each, side thereof (except the street described in Section S oi' this ordinance v,lilch is to be curbed and guttered or.: cnl,✓ or=from back of curb to aavin.-: line, curb 12 inches deep at back; cutter 6 incies deep; and the necessary grading of each to tree established ps,vin&; grade between the curb and''lines lines oi: eac'i side tiaere;f (except the street described in : Section 18. Mat for the purpose of paying the cost of the work and irprovem.ents in this ordinance provided for, the Board of Corm-,issioners are hereby authorized and directed to issue internal improvement bonds of the City of Sali:!a in an amount not to exceed the contract price or cost of such improvements and to rL:n for a period of four years and be payable in four equal installments, together with interest not to exceed 5% >er annum, whch bonds shall be made payable at the Fiscal Agency of the State of Kansas; and for the purpose of paying principal and interest on said bonds as they severally become due and payable, the -board of Corunissioners shall apportion aiid assess against trie lots and pieces of land within the taxing district of such Lim rovements, special assessments covering the cost of such improvements and the apportionment herein contained shall holt'. -7ood for all the install— ments that are to -e collected from, the specific property chargeable with said improvements. Such assessment and apportionment ordinance shall contain the total arieunt of tax apportionedto each tract, piece and parcel of land within -the taxing district and shall state the number of annual installments in Vrich such tax is to be collected; and thereafter, the City Clerk shall annually, at the same time other taxes are certified, certify to ti -ie County Clerk of Saline County, Kansas, a full list of all property liable for such work and improvements, together with the resrective ar cunts due on each of said tracts, pieces and parcels of !arid, which amounts shall include the annual installments and iiterest on all unpaid balances for one at the rate of not to exceed 5, per annum, on such amounts so certified bdRich shall be collected as other taxes are collected; ° LC'.'1DED, tn:--'t for t::e �ur>ose of defraying, the cost of improving the intersections and areas forned by the crossing of streets and alleys, and for the grading. of said streev vrnere the same is provided for in this ordir:ance as well as yn ere the improvement is tr.rou=h or adjacent to property of the city for which the city would be liable, tie assess.ent will be made aGainst all taxable property of the city and paid by the city at large. Section 19. This ordinance snail take effect and be in force from and after its publication in the official city paper. Introduced, blsay 1Q4? Passed, May 19, 1947 Iyiayf.�h' Attest: ffKzU City Clerk