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6300 Eminent Domain1 1 1 Published in the Salina Journa February 11, 1959 ORDINANCE NO. 6300 AN ORDINANCE'providing for the condemnation of certain pro- perty for the purpose of providing necessary land and easements, permits and rights for the use of the City of Salina, Kansas, in the developing, constructing, maintaining and operating of a flood control system for said City of Salina, Kansas. WHEREAS, the Board of Commissioners of the City of Salina, Kansas, deem it necessary for the best interests of the City of Salina to provide an adequate flood control system which includes the necessary construction of channels, levees, embankments, etc.; and, WHEREAS, the City of Salina, the Division of Water Resources of the State of Kansas, and the State Corporation Commission of the State of Kansas have approved the plans and specifications for a flood control system as presented to said City by its engineer and the United States Army Corp of Engineers; and, WHEREAS, in connection with said improvement program this said Board of Commissioners did duly enact its Ordinance No. 6267, which was published on September 4, 1958, in the Salina Journal, and which said ordinance condemned certain real estate, including a tract for levee right-of-way, channel fill and construction easement, all located and situate upon a tract of land designated in said ordinance as Tract III M, which said tract constituted the East Half (EV2) of the Southwest Quarter (SW/) of Section 14, T 15 S, R 3 W, in Saline County, Kansas, which said ordinance, the preambles thereto, and the flood protection property map No. 8, prepared by Wilson and Company, Engineers and Architects, filed with the City Clerk of Salina, Kansas, are all referred to herein by reference; and, WHEREAS, in connection with said improvement program, the Board of Commissioners deem that additional rights and easements over that land described as Tract III M is necessary for the purposes recited in said ordinance, and for special purposes as specifically desc*ibed hereinafter; and WHEREAS, all of the requirements of the statutes prerequisite hereto have been complied with; NOW9 THEREFORE, be it ordained by the Board of Commissioners of the City of Salina, Kansas: Section 1. That it is hereby declared necessary that the following property located in Saline County, Kansas, be acquired by gift, purchase or by condemnation and eminent domain as provided by law for the purpose of acquiring the necessary land and easements for the construction of the said Salina Flood Control System. Section 2. That the following property located in Saline County, Kansas, be and it is hereby condemned for the special purposes specifically described herein (reference Salina, Kansas Flood Pro- tection Supplement to Tract III M, Property Map No. 8, prepared by Wilson & Company, Engineers and Architects, filed with the City Clerk of Salina, Kansas). TRACT III M SUPPLEMENT 1. Permit to clear all timber and to fill the middle branch of Dry Creek to elevation ranging from 1250 feet at the northwest point of said middle branch of Dry Creek to elevation 1248 feet at COE,SOLSDATED-SALIVA 1 �7 the south end of said Middle branch of Dry Creek as same meanders through the East Half (E.62') of the Southwest Quarter (SW/) of Sec- tion 14, T 15 S, R -3-W9 as appears on said Supplement Map, and containing 2.4 acres, more or less. 2. Construction easement, 40 feet wide, along the North and East side of said fill area as shown on said Supplement Map, con- taining 1.3 acres, more or less. Section 3. That it is the opinion of said Board of Commis- sioners of the City of Salina that all of the property in said City of Salina is hereby benefited by said flood control system and that the benefits thereof are general and that all property in the City of Salina is equally benefited thereby and said City of Salina is hereby designated as the benefit district. Section 4. That upon the taking effect of this ordinance, the City of Salina shall present a written application to tie Judge of the District Court of Saline County, Kansas, as provided by law, for the appointment of three commissioners to make an appraisement of the damages and benefits for said condemnation. Section 5. This ordinance shall take effect and be in force from and after its publication once inn the official city paper. Approved this D day of; fa=- , 1959. Introduced: January -27, 1959 Passed: February 10, 1959 Attest: _f City Clerk - 2 -