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5862 Emin Domain - Cloud St1 I — - - - - -- ORDINANCE; NUMBER 662_- - --- - __ °xs°`I°,,TE L`,,' _Published in the Salina Journal I AN ORDINANCE, condemning certain land within the City of Salina, Kansas, for the use of said city in the widening of the south side of Cloud Street from the west line of Ninth Street to the east line of U.S. 81 by-pass; fixing a benefit district therefor; and pro- viding for the payment of the cost thereof. WHEREAS, the governing body of the City of Salina, Kansas, on the 17th day of May, 1954, found it necessary to appropriate certain private property located in the City of Salina, Kansas, for the use of said city in the widening of the south side of Cloud Street from the west line of Ninth Street to the east line of U.S. 81 by-pass, and directed the City Engineer of the City of Salina, Kansas, to make a survey and description of the lands so acquired; and WHEREAS, on the 19th day of. May, 1951, a survey and description of the lands so acquired was duly filed with the City Clerk; 13051 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALINA, KANSAS: Section 1. The following described land was hereby condemned and appropriated for the use of the City of Salina, Kansas, for the widening of the south side of Cloud Street' from the west line of Ninth Street to the east line of U.S. 81 by-pass, to -wit: Tract 1. Beginning at a point 20 feet south of the north line of Section 26, Township 14 South, Range 3 West of the 6th P.M. and 1336 feet west of the east: line of said Section, thence south 10 feet, thence west 290.25 feet, thence northwesterly along the east right-of-way line of U.S. Highway 81 by-pass a distance of 13.2 feet, thence east a distance of 298.25 feet to the place of beginning. Tract 2. Beginning at a point 20 feet south of the north line of Section 26, Township 14, South, Range 3 West of the 6th P.M. and 60 feet west of the east line of said Section, thence south a distance of 10 feet, thence west a distance of 1242 feet, thence north a distance of 10 feet, thence east a distance of 12b2 feet to the point of be inni g �• Section 2. It is found that the owners of all of the property on the north side of Cloud, Street from the west line of Ninth Street to the east line of U.S. 81 by-pass have here - tofore dedicated to the City of Salina for use as a public street ten (10) feet more than has been dedicated by theowners on the south side of Cloud Street from the west line of Ninth Street to the east line of U.S. 81 by-pass, and that the said property on the north side of Cloud Street should Y therefore not be included in the benefit district for the purpose of the condemnation herein contemplated. It is further found that the following described property within the city limits of the City of Salina, Kansas, will be specially' benefitted by reason of the acquisition of said land: BENEFIT DISTRICT 1. Beginning at a point 30 feet south of thenorth line of Section 26, Township 14 South, Range 3 West of the 6th P.M. and 1,336 feet west of the east line of said section, thence south a distanceof 250 feet, thence west a distance of 75.22 feet to the east rigYt-of-way line of U.S. 81 by- pass, thence north along the said east right-of-way line a dis- tance of 329.75 feet, thence east a distance of 290.25 feet to the place of beginning. 2. Beginning at a point 30 feet south of the north line of Section 26, Township 14 South, Range 3 West of the 6th P.M. and 60 feet west of the east line of said section, thence south L ONG01,I3) l.T iU -SALIN A a distance of 250 feet, thence west a distance of 1242 feet, thence north a distance of 250 feet, thence east a distance of 1242 feet to the point of beginning; and that the said land shall be known as the benefit district. Section 3. That C. L. Clark, City Attorney, is hereby ordered to forthwith prepare: and present in the name of the Board of Commissioners of the City of Salina, Kansas, a written application to the Judge of the District Court of Sal-ine,County, Kansas, praying for an order of appointment of commissioners to make appraisement and assessment of damages arising from the apprppriation of said real estate described in Section 1 here- of and do and perform all things in and about procuring and recording said order of a- ppointment required by law. Section 4. That for the payment of the cost 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 here in condemned except as herein � p provided, to be payable in ten (10) approximately equal annual installments to bear interest at not to exceed five 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; Number 1. Apportion and assess the lots and pieces of ground within the benefit district, special assessments i covering such portion of the cost of such land so acquired as shall be chargeable to said benefit district, such assessment and j apportionment ordinance shall contain the total amount of tax apportioned to such tract, piece or parcel of land within such taxing district and shall state the number of annual installments in which such tax is to be collected; and thereafter the City Clerk shall annually, at the same time that other taxes are certified, certify to the County Clerk of Saline County, Kansas, a A fall list of all property liable for such work and improvements, together with the respective numbered amounts due on each of said tracts, pieces or parcels of land, which amounts shall include the annual install- ments and interest on all unpaid balances forone year at the rate of not to exceed five per cent per annum, on such amounts so certified, which shall be collected as other taxes are collected. Number 2. Annually levy a tax upon all real and personal property I in the City of Salina, in an amount sufficeint to pay the annual installment of principal and interest on that portion of the cost i of such land so acquired as shall be chargeable to the city at large; and Aproviding the issue of such bonds, temporary notes shall be issued according to law, to pay thecost of acquiring such land. I i CON60LID 1TED-C:1LI>v .M1 Sectnn 5. This ordinance shall take effect and be in force from and after its publication once in the official city paper. Introduced: May 24, 1954 Passed: June 7, 1954 D City Clerk Acting Mayor