Loading...
6654 Eminent DomainCONSOLIDATED-SALINA -- — — �r (Published in The Salina Journal, August �, 1962) ORDINANCE NUMBER tD AN -,.ORDINANCE CONDEMNING CERTAIN LANDS WITHIN THE CITY OF SALINA, KANSAS, FOR THE USE OF SAID CITY FOR THE OPENING, WIDENING AND EXTENDING OF WHITt AVENUE IN THE CITY OF SALI.N.A, KANSAS, FROM THE WEST LINE OF BROADWAY BOULEVARD TO A POINT .APPROXIMATELY EIGHT HUNDRED FIFTY FEET WEST THEREOF; FIXING THE BENEFIT DISTRICT THEREFORE; AND PROVIDING FOR THE PAY&TENT OF COSTS THEREOF. Whereas the governing body of the City of Salina, Kansas, on the 7th day of August, 1962, found it necessary to appropriate certain private property located in the City of Salina, Kansas, for the use of said City for the opening and extending. of White Avenue from its intersection with Smithers Street east to its intersection with Broadway Boulevard and for the widening of White Avenue from its intersection with Smithers Street to a point approximately Seven -hundred Feet west thereof to the centerline of the old channel of Dry Creek, and directing the City Engineer to make a survey and description of the lands so required; and= WHEREAS on the 14th day of August, 1962, a survey and escription of lands so required was duly filed with the City Clerk NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE ITY OF SALINA, KANSAS: Section 1. That the following -described lands be hereby -ondemned and appropriated for the use of the City of Salina, Kansas, for the opening and extending of White Avenue in the '.ity of Salina, Kansas$ from its intersection with Smithers Street east to its intersection with Broadway Boulevard and for the widening of White Avenue from its intersection with Smithers Street to a point approximately Seven -hundred Feet west thereof to the west line of the old channel of Dry Creek, to -wit: A tract of land in the Northwest Quarter (NWj) of Section Fourteen (14), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian, more particularly described as follows: Beginning at a point on the west line of Broadway Boulevard which is also the U. S, "61" By -Pass, and 172.5 feet north of the south line of said quarter section; thence west and parallel to said quarter section line 850.5 feet more or less to the center of old channel of Dry Creek; thence southerly along the center of said creek 60 feet south; thence east on a line 112.5 feet north'of the said quarter section line to the west line of Broadway Boulevard; thence north on the west line o -f Broadway Boulevard 60 feet to the point of beginning.-' Section 2. It is found that the following -described real ?state within the city limits of the City of Salina, Kansas, will )e specifically benefited by the reason of acquisition of said land, and that the same should be known as the benefit district, to -wit: A tract of land located in the West Half of Section Fourteen (14), Township Fourteen (14) South, Range Three (3) West of the Sixth Principal Meridian in Saline County, Kansas, and more narticularly described as follows: �•:+3t,< C + iti }ja 1l tyy Ey i; f [J 4� j %A ci . ,! C + iti }ja 1l tyy Ey i; f [J 4� j CONSOLIDATED -SALIVA 0 mayor ATTEST - A 7 MCity'Clerk M R pj� . 44 Beginning at a point on the,,west line of Broadway B levar which is also U. S. "81" By -Pass, and 16705 feet south of the south line of the Northwest Quarter of said Section Fourteen (14); thence due north along said west line of Broadway Boulevard 660 feet; thence due West and parallel with said quarter section line to the center of the old channel of Dry Creek; thence in a west -southwesterly direction along the center of said old channel of Dry Creek to a point approximately 167.5 feet south of the south line rI of the Northwest Quarter of said Section,Fourteen'.(14); thence due east and parallel with said section line to the point of beginning. Section 3. That L. 0, Bengtson, City Attorney,, is hereby directed to forthwith prepare and present.in the name of the Board of Commissioners of the City of Salina, Kansasv a,.written application to the Judges of the District Court of Saline County, Kansas, praying for an order of appointment of commissioners to make appraisement and assessment of damages arising from the appropriation of said real estate,described in Section 1 hereof and do and perform all things in and about the procuring and re- cording of said order of appointme nt required by law* Section 4. That for the payment of the costs thereof, the Board of Commissioners shall issue Improvement Bonds of the City of Salina, Kansas, in an amount not to exceed the total cost of acquiring said land herein condemned, except as herein provided, to be payable in annual installments which bear interest,at not to exceed 5 per cent per annum from the date of such bonds and for the purpose of paying such bonds and.interest as they severally mature, the Board of Commissioners shall: (A) Apportion and assess the lots and pieces of ground with- in benefit districts, special assessments covering such portion off the cost of such land so acquired as shall be chargeable to said benefit district, such assessment and apportionment ordinance shall contain the total amount of tax apportioned to such tract, piece or parcel of land within such tax district and shall state the number of annual installments in which said tax is to be collected; and thereafter, the City Clerk shall annually at the sametime that other taxes are certified, certify to the County Clerk of Saline County, Kansas, a full list of all property liable for such work and improvements, together with the respective numbered - amounts due on each said tracts, pieces or parcel of land, which amounts shall include the annual installment and interest on or unpaid balance for one year at the rate of not to exceed 5 per cent per annum on such amounts so certified which shall be collected as other taxes are collected, (B) Annually levy a tax upon all real and personal property within the City of Salina* KAn'sas, in an amount sufficient to pay the annual installments -,6t principal and interest on that portion of the cost of such land so acquired as shall be chargeable to the City at large; and providing the issue of such bonds] tempor- ary notes shall be issued according to law to pay the cost of acquiring such land. Section 5, This ordinance shall take effect and be in full force from and after its publication in the official City newspaper* Introduced this 14th day of August, 1962, Passed by the Commission the 21st"day of Au us 1962# Y. mayor ATTEST - A 7 MCity'Clerk M R