2360 Sewage Disposal1
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RESOLUTION NUMBER 2360
A RESOLUTION authorizing a contract between land, Inc., and the City of
Salina, Kansas, a Municipal Corporation.
WHEREAS, the Board'of Commissioners of the City of Salina, Kansas, deem
it advisable and in the public interest that the City of Salina, Kansas enter
into a contract with Land, Inc. for the provision of the disposition of
sewage and the procurement and distribution of water from the municipal
waterworks of the city.
BE IT THEREFORE RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
SALINA, KANSAS:
That said Articles of Agreement, a true and correct copy of which is
attached hereto, be approved and ratified and that the Mayor be and he is
hereby authorized to execute and deliver the said Articles of Agreement.
Adopted and approved by the Board of Commissioners of the City of
Salina, Kansas, in regtlar session this 24th day of May, 1960.
ATTEST:
H. E. Peterson
City Clerk'
(SEAL)
Carl Ramsey
Mayor
ARTICLES OF AGREEMENT
THIS AGREEMENT, Made and entered into this 24th day of May, 1960, by and
between Land, Inc., hereinafter referred to as Property Owner, being the
party of the first part, and the City of Salina, Kansas, a municipal
corporation, hereinafter referred to as "City" being the part of the second
part:
WITNESSETH THAT:
WHEREAS, Property Owner owns or is contract purchaser of certain real
estate which has heretofore been platted as Key Acres Addition to the City
of Salina, Saline County, Kansas, which addition is located in the Nortft6bt
Quarter (NW4) of Section Thirty-six (36) Township Pourtben (14) South, Range
Three (3) West; and,
WHEREAS, Property Owner having platted said land as aforesaid desires
to develop same for residential purposes; and,
INTEREAS, in order to facilitate such a development and -make it highly
desirable, Property Owner desires to make provision for the disposition of
sewage from the lands and the improvements to be placed therein; and
WHEREAS, Property Owner desires to make provision for the procurement
and distribution of water from the Municipal Water Works of the C#y;o and,
WHEREAS, the Property Owner and the City have agreed as to a criteria
and formula under which such rights and services may be procured by and
through the facilities of said city;
%10 NOW, THEREFORE, in consideration of the articles and covenants
hereof and the mutual benefits and advantages to be had and received by the
respective parties hereto, it is mutually under stood and agreed:
1.. That Property Owner shall at its sole and separate expense install a
sanitary sewer (in compliance with plans and specifications to be approved by
the City Engineer of the City) so as to connect the lands aforesaid unto the
sanitary sewer system of said City at the closest point thereof to the said
lands. Property Owner further agrees to install at its sole and separate expense
sewage gathering liens within the land aforesaid as the same develops so that
said sewage will be discharged into said line to be so constructed and transmitted
to the general sanitary sewer system of said City. All sanitary sewer plans and
specifications, including materials, shall be approved by Kansas State Board of
Health and City Engineer before work is started. It is further understood that
said sanitary sewers will not be connected to house roof drains or surface water
connections of any kind.
2. That Property Owner shall, from time to time, immediately upon any
dwelling being connected to said sewer system, pay 'into the Treasurer of the
City the sum of One Hundred Dollars ($100.00) per dwelling to be served thereby.
3. That Property Owner shall construct at -its sole and spearate expense a
water line extension from the Municipal Water Works System of said City to the
property aforesd.id and shall cause further extensions thereof to be distributed
within the area.of the land aaoresaid as the same develops, all in compliance
with plans and specifications to be approved by the City Engineer of the City.
All water taps shall be applied for at Water Department Office and taps made by
City of Salina, Kansas, according to ordinance, with the provision that the front
footage fee shall not apply on such water mains as are installed by the owners
and at the owners' expense. The primary extension shall be from the nearest
available point of the water works system to the lands aforesaid. That the
rates to be paid for water shall be as determined for non-residents of the City
(until incorporation within the City, if ever) by the ordinances thereof from
time to time. All water meters to be installed in approved meter boxes on
parkings at curb heights. All customers on said lines will abide by all
ordinances in effect at this time and all future regulations.
4. That the sewer extensions and distribution system, and the water
extensions and distribution system aforesaid, shall be and remain at all times
the full and separate property of the Property Owner, and the City shall not
permit any other person or property owner to connect to said -lines, save and
exeept in such instances as Property Owner might consent in writing thereto;
provided, however, that this covenant shall be deem ed to be terminated when and
if the lands aforesaid are legally incorporated within the limits of the City.
5. The articles and covenants hereof shall extend to and bind the successors
and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have duly caused this instrument to be
executed on the day and year first above written.
LAND, INC.
By M. L. Michaelsen
President
Attest:
Paul B. Adrian
Secretary
CITY OF SALINA, KANSAS
By Carl Ramsey
Mayor
Attest:
(SEAL)
H. E. Peterson
City Clerk
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State, of Kansas )
SS
SALINE County )
BE IT REMEMBERED, That on this 16th day of May, 1960, before me, the
undersigned, a Notary Public in and for the County and State aforesaid,
came M. L. Michaelsen, President of Land, Inc., a corporation duly organized,
incorporated and existing under and by virtue of the laws of the State of
Kansas, and Paul B. Adrian, Secretary of said corporation, who are
personally known to me to be such officers, and who are personally known to
me to be the persons who executed as such officers, the within instrument
of writing on behalf of such corporation, and such persons duly acknowledged
the execution of the same to be the act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal
the day and year last above written.
My Commission Expires:
December 29, 1962
(SEAL)
CERTIFICATE
John E. Anderson
Notary Public
Harold E. Peterson, City Clerk of the City of Salina, Kansas, does
hereby certify that at a regular meeting of the Board of Commissioners of
said City duly had on the 24th day of May, 1960 in the City Hall of said
City, a quorum of said Commission being present, Carl Ramsey, Mayor of said
City, was duly and regularly determined to execute the foregoing Articles
of Agreement on behalf of and as the act of said City.
Dated at Salina, Kansas, this 24th day of May, 1960.
H. E. Peterson
City Clerk
STATE OF KANSAS )
SS
COUNTY OF SALINE )
I hereby certify that the above and foregoing is a true and correct
copy of Resolution Number 2360 passed by the Board of Commissioners of
Salina, Kansas May 24, 1960.
City Clerk