6654 Eminent DomainCONSOLIDATED-SALINA -- — —
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(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,<
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CONSOLIDATED -SALIVA
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mayor
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MCity'Clerk
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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
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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 -
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MCity'Clerk
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