8.2 Eminent Domain Interceptor CITY OF SALINA
REQUEST FOR COMM I SS I ON ACT ION DATE TIME
T'f~/92 ~,:oo P.M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 AGENDA:
City Clerk
NO. 2 ~
.BY: J.B. Shiever, CMC BY:
Second Reading Ordinance Number 92-9522, ordering the condemnation and
acquisition of fee simple title to certain real estate and permanent and
temporary easements for the use of the City of Sa]ina, Kansas, for the
purposes of constructing, instai]ing and maintaining public utilities, in
perpetuity, in conjunction with the East Dry Creek Interceptor Sewer Project,
pursuant to K.S.A. Chapter 26, and amendments thereto, as it relates to
condemnation by cities, and further pursuant to Resolution Number 92-4480 of
the City of Sa]ina, Kansas.
This ordinance was introduced for first reading July 20, 1992.
Recommended Action
Adopt Ordinance Number 92-9522 on second reading.
COMMISS ION ACTION
MOTION BY SECOND BY
TO:
(Published in The Salina Journal July 1992)
ORDINANCE NUMBER 92-9522
AN ORDINANCE ORDERING THE CONDEIgd~ATION AND ACQUISITION
OF FEE SIMPLE TITLE TO CERTAIN REAL ESTATE AND PERMANENT AND
TEMPORARY EASEMENTS FOR THE USE OF THE CITY OF SALINA, KANSAS,
FOR THE PURPOSES OF CONSTRUCTING, INSTALLING AND MAINTAINING
PUBLIC UTILITIES, IN PERPETUITY, IN CONJUNCTION WITH THE EAST DRY
CREEK INTERCEPTOR SEWER PROJECT, PURSUANT TO K.S.A. CHAPTER 26,
AND AMENDMENTS THERETO, AS IT RELATES TO CONDEMNATION BY
CITIES, AND FURTHER PURSUANT TO RESOLUTION NUMBER 92-4480 OF THE
CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina,
Kansas, directed a survey and description to be made of certain real estate
and permanent and temporary easements to be acquired by the City for the
purposes of constructing, installing and maintaining public utilities, in
perpetuity, in conjunction with the East Dry Creek Interceptor Sewer Project;
which survey and description have been filed with the Office of the City
Clerk, SO NOW, THEREFORE
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That the Board of Commissioners hereby reaffirms the
prior orders and declarations of the necessity for acquisition of fee simple
title to certain real estate and permanent and temporary easements to be
acquired by the City for the purposes of constructing, installing and
maintaining public utilities, in perpetuity, in conjunction with the East Dry
Creek Interceptor Sewer Project.
Section 2. That the fee simple title to real estate and permanent
and temporary easements required to be taken for such public use is described
in the Certificate of Engineer prepared by the Office of the City Engineer and
filed with the Office of the City Clerk pursuant to K.S.A. 26-201.
Section 3. That the fee simple title to real estate and permanent
and temporary easements described in the Certificate of Engineer are hereby
ordered condemned for the purposes set forth in Section 1 above.
Section 4. That the City Attorney is hereby directed to file a
verified petition in the District Court of Saline County, Kansas, for the
condemnation and acquisition of the fee simple title to real estate and
permanent and temporary easements described in the Certificate of Engineer
pursuant to Chapter 26 of the Kansas Statutes Annotated, and amendments
thereto, as it relates to condemnation by cities, and to do all that is
necessary for the condemnation and acquisition of such interests in real
estate for the stated public purposes.
Section 5. That this ordinance shall constitute the final order
setting forth the condemnation of the fee simple title to real estate and
permanent and temporary easements described herein and for the purposes for
which it is to be used.
Section 6. That this ordinance shall be in full force and effect
from and after its adoption and publication once in the official city
newspaper.
Introduced: July 20, 1992
Passed: July 27, 1992
Carol E. Beggs, Mayor
(SEAL)
ATTEST:
Jacqueline Shiever, CMC
City Clerk