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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