86-9147 Eminent Domain(Published in The Salina Journal August 15, 1986)
ORDINANCE NUMBER 86-9147
AN ORDINANCE ORDERING THE CONDEMNATION AND ACQUISITION
11OF CERTAIN UTILITY EASEMENTS FOR THE USE OF THE CITY OF SALINA,
KANSAS, FOR THE PURPOSE OF CARRYING PUBLIC UTILITIES IN THE
DOWNTOWN BUSINESS DISTRICT, PURSUANT TO K.S.A. CHAPTER 26, AND
AMENDMENTS THERETO, AS THE SAME RELATES TO CONDEMNATION BY
CITIES AND FURTHER PURSUANT TO RESOLUTION NUMBER 86-3852 OF THE
CITY OF SALINA, KANSAS.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
did on the 21st day of July, 1986, adopt Resolution Number 86-3852 thereby
finding and determining it necessary to acquire certain utility easements located
in the Downtown Business District for the purpose of carrying electric,
telephone, cable television, and such other utilities as are deemed appropriate by
the City of Salina; and,
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
has heretofore authorized a survey and description to be made of such easements
by the City Engineer, which survey and description has been filed with the City
Clerk, SO NOW, THEREFORE
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That the Board of Commissioners hereby reaffirms the
prior orders and declarations of the necessity for acquisition of certain utility
easements located in the Downtown Business District for the purpose of carrying
electric, telephone, cable television, and such other utilities as are deemed
appropriate by the City of Salina, Kansas.
Section 2. That the utility easements required to be taken for such
public use are described in the attached copy of the Certificate of Engineer
prepared by the Office of the City Engineer and filed with the City Clerk
pursuant to K.S.A. 26-201.
Section 3. That the utility easements described in Section 2 above and
as shown on the attached exhibit are hereby ordered condemned for the
purposes set forth in Section 1 above.
Section 4. That the City Attorney and any attorney employed by said
City for said purposes are hereby described and authorized to file a verified
petition in the District Court of Saline County, Kansas, for the condemnation
and acquisition of the utility easements described in Section 2 of this ordinance
and the exhibits attached hereto pursuant to Chapter 26, and amendments
thereto, as the same relates to condemnation by cities, and to do all that is
necessary for the condemnation and acquisition of said utility easements for said
public purposes and improvements.
Section 5. That this ordinance shall constitute the final order setting
forth the condemnation of the utility easements described herein and for the
purpose of which the same are to be used.
Section 6. That this ordinance shall be in full force and effect from
and after its adoption and publication as provided by law.
Introduced: July 28, 1986
Passed: August 11 , 1986
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
1
/seph 7. Ritter, Mayor