6300 Eminent Domain1
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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
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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:
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City Clerk
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