831 Improvements Chicago Addition208
RESOLUTION NO. 831
WHEREAS, the City of Salina condemned certain lends of
The Butzer Packing Company for the purpose of opening, widening and
extending certain public streets and highways in the City of Salina
to be known as and used for i%_ S. Highway '1o. 81 By-pass in a
proceeding in the District Court, of Saline County,. Kansas in case
No. 1.4779; and
WHEREAS, the commissioners appointed by the Judge of said
court in said proceeding filed their report with the City Clerk on
October 16, 1936 assessing certain damages against said city on account
of the appropriation of certain lots and parcels of land designated in
said report as D6a, D6b, D -6c, D -6d, D -6e, and D -6f, taken from said
The Butzer Packing Company and assessing certain benefits against other
lands in Chicago Addition of the said The Butzer Packing Company,
designated in said report at Tracts numbered 60, 61, 64, 65, and 66;
and,
WHEREAS, The Butzer Packing Company duly appealed from the
decision, appraisal, assessment and award of said appraisers as to the
value of the land, crops and improvements thereon and for all other
damages sustained by reason of the.appropriation of such lands and as
to the assessment of benefits against said other lands in Chicago
Addition of the said The Butzer Packing Company; and,
WHEREAS, on September 23, 1938 in the District Court of
Saline County, Kansas in said cause No. 14779-D and 15248, which were
consolidated for trial, the said The Butzer Packing Cmpany recovered
judgment against said city in the sum of $6653.57 and no benefits were
found or assessed against any land of the said The Butzet Packing Com-
pany; and
'REAS, thereafter through inadvertance and mistake benefits
were assessed against certain lots of The Butzer Packing Company,
located in Chicago Addition to the City of Salina by Ordinance No.
4940; and
WHEREAS, for the years 1939, 1940, 1941 and 1942 said benefits
on said lots have been erroneously and wrongfully certified by the City
Clerk of the City of Salina to the County Clerk of Saline County, Kansas,
and have been by him erroneously and wrongfully extended on the tax
rolls of Saline County; and
'WHEREAS, The Butzer Pacicing Company nas paid said assessments
for 1939, 1940, 1940 and 1942 under written protest, copies of which
are on file with the County Treasurer of Saline County, Kansas, and
has refused to pay any further assessments but has requested the Board of
Commissioners to correct said Ordinance No. 4949 by eliminating therefrom
all benefits assessed against said lots of the Butzer Packing Cov'
in Chicago Addition described in said Ordinance; and
WHEREAS, it is the desire of said Commission to correct said
mistake;
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners
of The City of Salina, Kansas:
That the assessment of benefits levied under said Ordinance
No. 4949 against the following iotas
Lots 2,4,506,7,8,9, 10, 11, 12, 13, 14, 15 and 16 Block Two (2);
Lots 1 and 3, Block Two (2) , ( except part taken for highway);
Lot Nine (9) , Block One (1) ; Lots 5, 6, 7, and 8, Block One (1) ,
( except that part taken for highway) ;
Lots One (1) to Fourteen (14), inclusive, in Block Seven (7);
Lots Two (2) to Ten (10), inclusive in Block Eleven (11);
209 -
Lots 1, 2, 3, 4, and 5, Block Ten (10) and Lot 6, except
the East 35 feet thereof; j
All of said lots and blocks are in Chicago Addition to
the City of Salina, Saline County, Kansas.,
be and there are hereby revoked; that the records of said City Clerk
be corrected by striking such erroneous assessments of benefits from
the records; and that the City Clerk take such steps as are necessary
to correct the certification of such benefits to the County Clerk of
Saline County. Kansas s so the said The Butzer Packing Company may recover
siich payments as have been paid under protest on account of said
erroneous and illegal assessment,
Introduced and passed, July 19, 1943
Ed Morgenstern
Mayor
( SEAT+)
Att est :
Chas. E. Bankes
city er
STATE OF KANSAS )
} SS.
COUNTY OF SALINE )
I, Chas. 'E. Banker, City Clerk of the City of Salina, Kansas,
do hereby certify that the above and foregoing is a true and correct
copy of Resolution Number 831 passed and approved by the Board of Com-
missioners July 19', 1943.
City Clerk