The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-23
LEGAL.


streets avenues and alleys and to make
al an rules and regulations necessary there
Sec q. Before the grade of any road,
parkway, boulevard or street, or part
nnepeof, under the the. control and ,manage-
which has been established, shall be
changed, If the property. owners affected
merely shall not have waived all claim
TO damages therefor, the board of COM
misslonerS shall ascertain and determine
the damages to each lot and tract of real !
IN the office of city clerk, specifying the
damage as to each tract and shall forth
such report, of which the said board shall
give potlce by publication in the official
paper of the city for ten days, and at the
time set for the consideration of said
report they shall consider the same and
prove or amend the same in such respects
as they may deem proper, and the deci-
be final as to all matters relating to said
Claiming that the amount Of damages
allowed as to any property is too small
may take an appeal therefrom to the dis |
trict court of the county, in the same
manner as appeals are taken from the
judgment of Justices of the peace. as to
the amount of damages allowed. The
tendency of such an appeal shall not af-
feet the right of the city to change such
grade.
.Secm22. Whenever the board of commits
SfonerS of any city shall, by resolution, de-
clare and order that the whole or any
part of the cost of changing the grade
Vard or the cost Of wdenns or or eEend
ing any parkway or boulevard, ought to
be paid by the levy of special assessments
upon real estate situate in any one or
more park districts. it shall order such
resolution entered upon it's journal and
forthwith appoint three freeholders, resi-
dents of such city, as assessors who shall
qualify by taking an oath to faithfully,
honestly and impartially discharge their
thereupon become their duty, upon actual
view and investigation. to, assess the
to any extent be specially bene,
fitted by such Improvement the pro
on 1r Which eacs io piece 'o or p raTce
of land so benefited ought justly to be
charged, and make report forthwith to
an accurate description of each tract of
land deemed to be specially benefited, and
the name of the owner, if known, the
actual value of each of said tracts ex-
elusive of improvements thereon and
without the proposed improvements, and
mated cost should be assessed and
charged against the same account of
made.
Sec, 49,. Within ten days after the re
city clerk shall cause notice to be pub
lished once in the official paper of said
city stating, in substance, that a report
of assessors has been filed apportioning
and levying special assessments for the
cost of such improvement against real
estate, describing the same, and stating
the amount of the special assessment
levied against each lot or tract, and fix
ing time, not less than five days from
when all persons aggrieved by or object
ing to such report, upon any ground, may
fixed in such notice the board of commits
sioners shall convene and hear the COM
plants of all persons interested, and shall
Rave power to review, revise; alter. cor
rect and amend the report of the assessors
make key such assessments Just. equitable
and impartial, and to correct all errors
wrong and injustice that may. have. BEEN
report, and to hear, consider and de-
termine all matters relating to, such pro-
c ee@pIaining f'e the board Of comms
sioners shall confirm the report of
the 4b as returned to d deem
just anu equitable, and confirm the same
as so amended, and thereupop the
land shall become a special assessment
and constitute lien thereon. The de-
firming the report of the assessors shall
be entered of record and shall be final
ments shall. by the city. clerk, be certi-
fled to the county clerk within thirty days
after the confirmation of such report and
entered upon the tax rolls and collected
as other taxes under existing laws
maintaining parks, parllways and boule-
Yards established in any park district or
districts within the city limits shall pc
in which such park parkway or boulevard
| is situated, except as is herein otherwise
| Sec. IS The board of commissioners
shall have power to cause any parkway,
its control or management, to be re-
graded, repaved, recurbed, reguttered, re-
macadamized or otherwise improved or
repaired. including the reconstruction and
repair of bridges, viaducts and sidewalks.
| in such manner and at such times and
with such material as said board may
determine, and may pay for such work or
| improvements or any part thereof out of
| the funds not otherwise appropriated be-
longing to the park district in which such
work or Improvement is made, or, If
deemed necessary, by the issue and sale
| all the taxable property of the district,
or may levy special assessments and issue
manner as is herein provided for the
original making of such improvements.
Sec. &c. All contracts for improvements
! shall be in writing, and there shall be no
| liability to any contractor or his assignees
for the construction of any Improvement
costing more than one hundred dollars
unless the contract therefor is in writ
| ing At least twenty days before the
/ provement they shall cause accurate de-
tailed plans and complete specifications
therefor, together with a detailed eSti-
mate, under oath. of the cost of such i'm
provement. to be made by. some COM
petent person and filed in the office of
| the clerk of such board for inspection by
all persons interested therein. and there
! after, and before letting such contract,
the board shall advertise for bids to do
such work in accordance with such plans
and specifications for at least ten days in
the official city paper. All bids shall be
made in writing and signed by the bidder,
and presented by the bidder. his agent
or attorney to the board at a public meet
{ ing thereof. and all bids shall be consid-
/ cred and accepted or rejected Immediately
| reject any bids, and shall not accept a bid
| in excess of the estimated cost of the
, work and a contract let at a price in ex-
| cess of the estimated cost of the work
shall be void. No special assessments
shall be levied for the cost of any work
until the contract therefor has been 1et
but such assessments may be levied be-
fore the construction of an improvement
\ when the cost of the same is definitely
/ ascertained.
/ Sec q No board of commissioners
shall issue any bonds on account of the