3820 Drainage Improvements18
ORDINANCE NO. 3
(Published in the Salina Journal
1930)
AN ORDINANCE providing for the construction of certain improve-
ments for the protection of the City of Salina and public
and private property therein from the overflow or damage
by water of the waters of Dry Creek, a water course running
in and near, and through, the City of Salina; providing for
the letting of a contract for such improvements; providing
for the appointment of three disinterested householders to
assess all damage to any and all property that will be in-
jured or damaged by reason of said improvements; and pro-
viding for the acquisition by the City of Salina by con-
demnation and eminent domain, of all of the land and ease-
ments necessary to construct any drains, canals and artificial
water courses, or to widen and straighten existing drains or
water courses, including cleaning the same, or to construct
the necessary levees or embankments, or to raise the grades
of any streets or alleys and approaches to bridges, and to
raise said bridges, and to widen existing drains, channels
and canals, inch;ding cleaning the same, so far as may be
necessary for the construction of such improvements and for
the protection of said city and of the property therein, as
aforesaid, and providing for the payment of the costs of such
improvements, and of the damages occasioned by reason thereof
by the issuance of internal improvement bonds of the City of
Salina, and providing for the appointment of householders to
appraise any special benefits that may accrue to any property
by reason of said improvements and for the assessment of any
such benefits.
VHEREAS, by resolution No. 477, being a resolution relating to and
providing for the protection of t:ie City of Salina and of the public
and private property therein from floods and damage by the overflow
of Dry Creek, duly passed by the Board of Commissioners of the City
of Salina on July 22nd, 1929, and duly published in the Salina
Journal, the official city paper on July 27th, 1929, which resolution
is hereby referred to, and made a part of this ordinance, the Board
of Commissioners of said city did declare it necessary for the public
good and convenience that the bridges, streets, alleys and all other
property, public or private, in the City of Salina be protected from
the overflow of Dry Creek, and did direct the City Engineer of said
city to make a survey of the City of Salina which was subject to the
overflow of said water course, and of that part of said water course
and the land adjacent thereto from which said flood waters are liable
to overflow into the City of Salina, and that he file the same with
the City Clerk with maps and specifications of said survey and a full
and complete plan of protecting said property from the overflow or
damage by water of said water course and also the physical character-
istics or location of any right of way, road beds, bridges, culverts,
depot grounds, grades', streets or alleys and any other property which
might be damaged by the overflow of said water course, and that he
also make an estimate of the cost of the entire work and improvement
required to protect said property, showing the several items of the
same, and directing said City Engineer to inspect and examine all
lots and buildings thereon, rights of way, road beds, bridges, cul-
verts, depot grounds, grades, streets and all railroads, telephone
and telegraph and other property liable to be injured or damaged by
the overflow of said water course, and to make a report in duplicate
and file the same with the City Clerk; and
WHEREAS, said City Engineer duly made such survey and a full and
complete plan of protecting said property from the overflow or damage
by water of said water course and the physical characteristics and
location of property liable to be injured or damaged by the overflow
of said water course and also made an estimate of the cost of the
entire work and improvements required to protect said property, showing
the several items of the same and inspected the property required to
be inspected by him, and did make his report in duplicate, and did
file the same with the City Clerk, all of which was duly approved
by the governing body of said city, and one of said copies of said
engineer's report was duly filed by the City Clerk with the Public
Service Commission of the State of Kansas; and
WHEREAS, said report has been duly approved by the Public Service
Commission of the State of Kansas, and a certified copy of the finding
of said Public Service Commission approving such report as been re-
ceived by the governing body of the City of Salina, NO14V THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
82
Section 1. That there be donstructed, within the City of Salina,
and without the city limits of said city and within five miles there-
from drains, canals and artif ical water courses, and levees and em-
bankments, and that the existing drains and water courses be widened,
including the cleaning of the same, for the purpose of protecting
the Citv of Salina and public and private property therein from the
overflow or damage by water of the waters of Dry Creek, a water course
running in and near, and through, the City of Salina, in accordance
with the report of said City Engineer filed and approved as aforesaid
and in accordance with the plans and specifications so prepared and
filed by said City Engineer, and which are on file in the office of
the City Clerk of said city, all of such work and improvements to be
constructed and done in accordance with such plans and specifications
and within the estimate of cost so prepared and filed by said City
Engineer.
Section 2. That for the purpose of constructing the improve-
ments and doing the work mentioned in Section 1 of this ordinance,
the Board of Commissioners deem and do hereby declare it to be nec-
essary that the City of Salina appropriate easements upon, in and
over certain private property within the City of Salina and without
the City Limits of said city and within five miles therefrom, and along
and upon the course hereinafter described, and that the City Engineer
of said city shall be and he is hereby directed to make a survey and
description of the easements so required and to file the same with
the City Clerk on or before the 13th day of January, 1930, which
easements shall be taken and condemned and appropriated by the City
of Salina for the purpose of constructing thereon such drains, canals
and artifical water courses, and for widening the existing drains and
water courses thereon, including the cleaning of the same, and for the
construction of such levees and embankments thereon, as shall be nec-
essary for the construction of the improvements and doing the work pro-
vided for in Section 1 of this ordinance and described in the plan here-
tofore prepared by said City Engineer and filed and approved as afore-
said, and for the purpose of forever maintaining, repairing, rebuilding,
reconstructing or altering the same at any time when the same may be-
come or may be deemed necessary by the governing body or by the City
Engineer of said city, and for the r-,urpose of going upon and entering
and using the same for any or all such purposes by any employee or
officer of said city, or any person with whom the city may contract
for such purposes, or his employees, the easements to be taken for such
•
purposes to be along the following described course, to -wit:
Commencing at a point at or near the intersection of the
center line of the Union Pacific Railroad right of way with the
east bank of Dry Creek, thence along or near the east bank of Dry
Creek to a point at or near the intersection of said east bank of
Dry Creek with the south line of Section 26, Township 14 South,
Range 3 West in Saline County; thence east along the south line of
said Section 26 to a point approximately 3199.7 feet east of the
southwest corner of said Section 26.
Also commencing at the southwest corner of the northwest
quarter of Section 25, Toy^rnship 14 South, Range 3 West in Saline
County, Kansas; thence east to the center of said Section 25; thence
north 1650 fe-t along the east line of the northwest quarter of
said Section 25; thence east approximately 1320 feet along the south
line of Surveyor's Plat No. 11 to the public road running along the
east side of Surveyor's -Plat 11;
Also commencing at the intersection of the center line of
the right of way of the Union Pacific Railroad Company McPherson
Branch, with the north line of the south half of said Section 25;
thence east along the north line of said half section 2200 feet.
Also commencing at or near the intersection of the center
line of the Union Pacific Railroad right of way with the east
bank of Dry Creek; thence northerly and easterly along or near the
east bank of Dry Creek, in Grand Boulevard, to the northerly line of
Block 11 in Chicago Addition; thence easterly along the northerly
line of Block 11 to Chicago Street; thence north in Chicago Street
to the easterly bank of Dry Creek; thence northerly along the easterly
bank of Dry Creek to North Street; thence east in North Street to
Barney Street; thence north along Barney Street to its intersection
with the easterly bank of Dry reek; thence northeasterly along or
near the east bank of Dry Creek to its intersection with Thirteenth
Street just south of Pacific Avenue; thence north in Thirteenth
Street produced, to its intersection with the east bank of Dry Creek;
thence northerly along or near the east bank of Dry Creek to its
intersection with Euclid Avenue; thence east in Euclid Avenue to its
intersection with Ninth Street; thence north to the easterly bank of
Dry Creek; thence northeasterly to a point on the east bank of Dry
Creek approximately 1320 feet north of the south line of the North
west Quarter of Section 1, Township 14, Range 2 in Saline County, then
east along or near a line parallel with the south line of said quarter
•
14
jsection to its intersection with the center line of Front Street
produced no"th; thence south along the center line of Front Street
produced, to the southeast corner of said Northwest Quarter of Section
1; thence east along the center line of said section to the east line
of said section; thence south along the east line of Section 1 t6 the
southeast corner of said Section;
And that the easements to be taken for the purposes aforesaid
shall, among others, include easements upon, over and along the follow-
ing described lands, all in Saline County, Kansas, to -wit:
The west 20 feet of Lots 1,2,3, Block,2, Leavenworth Addition;
The west 25 feet of Lots 4,5,6 and 7. Block 2 Leavenworth Addi-
tion;
The east 15 feet of Lots 1,2,3,4,5,6 and 7 Block 1 Leavenworth
Addition.
All that part of Blocks 9 and 10 Leavenworth Addition, included
within the area described as follows:
Starting from the Northeast corner of Block 9 Leavenworth
Addition; thence west along the north line of said Block 9, 142 feet
to a place of beginning; thence 570 001 left 124 feet; thence 890 261
left 253 feet to a point on the east line of said Block 9; thence south
along the east line of Block 9, 106 feet to the southeast corner of
said Block 9; thence west along the south line of Blocks 9 and 10
Leavenworth Addition 86 feet; thence 630 251 right 75 feet; thence
540 351 left 140.3 feet; thence 50 501 left 99 feet; thence 590 291
right 113.5 feet; thence 600 401 right 188 feet to a p^int on the
north line of Block 10; thence east along the north line of Blocks
9 and 10 163 feet to the place of beginning.
All of Park No. 3 Leavenworth Addition.
The west 15 feet of the south 120 feet of Lot 1 Block 12
Leavenworth Addition;
The west 20 feet of the north 65 feet of Lot 9 Block 12
Leavenworth Addition;
That portion of Lot 10 Block 12 Leavenworth Addition lying be-
tween the north line thereof and a line parallel with and 25 feet south
of said north line;
That part of the N,rthwest Quarter of Section 14 Township 14
South Range 3 West of the 6th P. M. in Saline County, Kansas within
the area described as follows:
Starting from the southwest corner of said quarter section;
thence east along the south line thereof 659 feet to the place of
beginning; thence 760 461 left 284 feet; thence 370 58t right 223.4 feet
E
of the Northwest Quarter of Section 14 Township 14 South, Range 3
• West, thence west along said south line 125 feet to the place of
beginning.
All of that part of Section 14 and 15, Township 14 South,
Range 3 West within the area described as follows: Starting at the
Northwest corner of the Southwest Quarter of Section 14 Township 14
thence
390 15t
right 210.2 feet; thence 140 031 left 164.5 feet;
thence
640 45t
left 78.3
feet; thence 490 20t left 225.2 feet; thence
75.3 feet; thence 1230 24t right 395.4 feet; thence 350 291 left
250 34t
right
226.8 feet;
thence 400 491 right 389.8 feet; thence
130 29t
right
146 feet to
the south line of Leavenworth Addition
270 47t left 192.7 feet; thence 670 301 right 469 feet; thence 230
to the
City of Salina, Kansas;
thence east along said line 214 feet;
right 130.7 feet; thence 210 13t right 127.7 feet; thence 320 04t
thence
1550 001 right 186
feet; thence 320 39t left 323.6 feet;
225.8 feet; thence 700 28t right 16.1 feet to a po'Lnt on the south
thence
330 251
left 269.3
feet; thence 410 35t left 299.5 feet; thence
460 461
right
106.4 feet;
thence 480 541 right 120.2 feet; thence
left 173 feet; thence 280 041 right 92 feet; thence 1090 321 right
281.6 feet thence 640 10t left 459.3 feet; thence
240 09t
right
239.0 feet;
thence 50 431 right 244.1 feet; thence 460
151 left 150 feet; thence
260 571 left 160 feet to the south line
of the Northwest Quarter of Section 14 Township 14 South, Range 3
• West, thence west along said south line 125 feet to the place of
beginning.
All of that part of Section 14 and 15, Township 14 South,
Range 3 West within the area described as follows: Starting at the
Northwest corner of the Southwest Quarter of Section 14 Township 14
476 feet; thence 200 191 left 418.9 feet; thence 170 211 right 226.8
feet; thence 450 201 left 313.4 feet; thence 400 57t left 173.1 feet;
thence 680 021 left 234.1 feet; thence 710 211 right 125.8 feet;
0
South, Range 3 West thence 659 feet east along the north line of the
Southwest Quarter of Section 14 to point of beginning; thence 1030
14t right 216.6 feet; thence 240 45t right 146.2 feet; thence 260 08t
right 208.7 feet; thence 570 08tleft 253 feet; thence 80 101 left
75.3 feet; thence 1230 24t right 395.4 feet; thence 350 291 left
112.5 feet; thence 500 571 left 93 feet; thence 490 40t left 328.5
feet; thence 300 511 left 139 feet; thence 1210 35t right 210.2 feet;
thence 460 llt right 288.5 feet; thence 270 551 left 143.1 feet;
thence 490 25t left 182 feet; thence 240 301 left 262.6 feet; thence
i
270 47t left 192.7 feet; thence 670 301 right 469 feet; thence 230
201 left 138 feet; thence 250 50t left 337.1 feet; thence 460 331
right 130.7 feet; thence 210 13t right 127.7 feet; thence 320 04t
left 125.2 feet; thence 580 19t left 208.1 feet; thence 480 511 left
225.8 feet; thence 700 28t right 16.1 feet to a po'Lnt on the south
line of Section 153, and 1445.7 feet west of the southeast corner of
said Section 15; thence 1010 14t left 137 feet to a point on the south
line of said Section 15; thence 1308.7 feet west of the southeast
corner of Section 15; thence 1170 301 left feet; thence 290 001
left 173 feet; thence 280 041 right 92 feet; thence 1090 321 right
281.6 feet thence 640 10t left 459.3 feet; thence
410 581 right
607.6 feet; thence 500 44t left 293.8 feet; thence 830 571 right
476 feet; thence 200 191 left 418.9 feet; thence 170 211 right 226.8
feet; thence 450 201 left 313.4 feet; thence 400 57t left 173.1 feet;
thence 680 021 left 234.1 feet; thence 710 211 right 125.8 feet;
0
186
thence 290 111 left 292 feet to a pont on the north line of the
i
southwest quarter of Section 14; thence 1000 001 left 125 feet to
point of beginning.
That portion of Section 22 and Section 23 Township 14 South,
Range 3 West within the area described as follows: Starting at a
Doint 1445.7 feet west of the northeast corner of Section 22, Town-
ship 14 south, Range 3 West; thence 780 461 left 125.2 feet; thence
880 291 right 163.5 feet; thence 250 231 right 141.8 feet; thence
170 361 left 144.9 feet; thence 60 51 left 92.7 feet; thence 200 291
left 78.3 feet; thence 440 481 left 85 feet; thence 290 221 left 94.9
feet; thence 330 331 left 239.6 feet; thence 270 561 left 96.5 feet;
thence 1180 231 right 247.7 feet; thence 50 021 left 230.1 feet; thence
500 091 left 77.5 feet; thence 470 051 left 309.1 feet; thence 130
091 left 116.6 feet; thence 840 531 right 88.4 feet; thence 480 361
right 177.2 feet; thence 270 591 left 133.5 feet; thence 520 411 left
98.2 feet; thence 370 361 left 184.3 feet; thence 370 221 right 69.8
feet; thence 250 101 right 354.6 feet; thence 240 471 left 144.9 feet;
thence 250 321 left 205.7 feet; thence 260 231 left 351.2 feet; thence
530 111 right 258.6 feet; thence 130 341 left 220 feet; thence 280
141 left 110.9 feet; thence 120 361 left 234.9 feet; thence 50 561
right 307.3 feet; thence 190 57t right 181.8 feet; thence 380 281
left 139.1 feet; thence 280 18t left 145.3 feet; thence 390 371 left
287.4 feet; thence 350 13! right 206.2 feet; thence 720 071 right
172.3 feet; thence 220 471 left 145.9 feet; thence 60 56t left 196
feet; thence 560 594 right 439.5 feet; thence 120 421 right 133.5
feet; thence 50 401 left 171.5 feet; thence 70 001 left 283.4 feet;
thence 700 211 left 96.6 feet; thence 180 001 left 261.3 feet; thence
50 421 right 110.8 feet; thence 280 311 right 82.5 feet; thence 490
491 right 163.8 feet; thence 170 171 left 309.9 feet to a point on
the south line of Section 23 Township 14 South Range 3 'Fest 72.3 feet
east of the Southwest corner of said Section 23; thence 700 451 left
158 feet to a point 230.3 feet east of said southwest corner Section
23; thence 1110 531 left 26.6 feet; thence 30 031 right 281.9 feet;
thence 130 041 right 319.5 feet; thence 700 311 left 266.5 feet; thence
110 301 left 225.1 feet; thence 880 041 right 279 feet; thence 140 021
right 158.8 feet; thence 100 351 left 484.5 feet; thence 330 041 left
0
218.7 feet; thence 36 271 left 167.3 feet; thence 330 441 right 193.2
feet; thence 310 141 left 221.5 feet; thence 410 121 left 205.3 feet;
thence 250 251 left 173.7 feet; thence 310 551 right 115.7 feet; thence
570 001 right 148.5 feet; thence 80 511 left 625.3 feet; thence 4,10 051
i
22 Township 14 South Range 3 West 1308.7 feet west of the Northeast
corner of said Section 29; thence 62° 301 left 137 feet to the point
• of beginning.
That part of Sections 26 and 27 Township 14 South, Range 3
West within the area described as follows: Starting at the North -
,vest corner of said Section 26; thence east along said line thereof
72.3 feet to the place of beginning; thence 700 451 right 386.1 feet;
thence 410 261 right 367.9 feet; thence 380 411 left 484.6 feet;
right
481.9
feet;
thence 420
371
left 325.6 feet;
thence 180 381
Olt right 240 feet;
right
175.3
feet;
thence 450
381
right 469.2 feet;
thence 80 10t
450
left
257.8
feet;
thence 370
47t
right 254.7 feet;
thence 460 451
feet;
left
129.1
feet.
thence 520
361
left 161.1 feet; thence
200 501
291
right
216.5
feet;
thence 970
24'
right 331.3 feet;
thence 230 111 left
thence
180.5
feet;
thence
810 451 left
140
162.2 feet; thence
150 471 right 160.4
260.0 feet;
feet;
thence
1280
55t right
530.2
feet; thence 740
531 left 271.4 feet:
290
thence
570
46t left
35.4 feet
to
a point on the north
line of Section
22 Township 14 South Range 3 West 1308.7 feet west of the Northeast
corner of said Section 29; thence 62° 301 left 137 feet to the point
• of beginning.
That part of Sections 26 and 27 Township 14 South, Range 3
West within the area described as follows: Starting at the North -
,vest corner of said Section 26; thence east along said line thereof
72.3 feet to the place of beginning; thence 700 451 right 386.1 feet;
thence 410 261 right 367.9 feet; thence 380 411 left 484.6 feet;
thence
300
081
right 620.3
feet;
thence
140
Olt right 240 feet;
thence
130
321
left 213.8
feet;
thence
450
22t left
486.6 feet;
thence
430
271
right 188.9
feet;
thence
8°
57' left
279.3 feet;
thence
400
291
left 139.4
feet;
thence
120
071 left
355.8 feet;
thence
70
231
left 298.8 feet;
thence
140
081
right
260.0 feet;
thence
590
22'
right 413.5
feet;
thence
290
461 left
106.4 feet;
thence
170
411
left 332.5'feet;
thence
110
46t right
284 feet;
thence
430
341
right 162.1
feet;
thence
17°,401
left
311.5 feet
•
to a point
on
the south line
of
said Section
26, 952.1
feet; east
of the
Southwest
corner of
said
Section
26
thence 960
52t left along
said south
line
a distance
of 230.6
feet;
thence
890
591 left 461.4
feet; thence
140
041 left
247.2
feet; thence
70 151
left 149.3 feet;
thence
110
471
left 146.4
feet;
thence
50 28t
right
154.6 feet;
thence
44°
071
right 147.6
feet;
thence
90
421 right
172.0 feet;
thence
310
58f
left 176.7
feet;
thence
330
08t left
181.3 feet;
thence
110
221
left 205.1
feet;
thence
30 301
left 382.3
feet;
thence
30
591
right 279.4
feet;
thence
700
16t right
169.5 Reet;
thence
14°
431
left 186.6
feet;
thence
130
201 left
159.1 feet;
thence
230
121
left 305.5
feet thence
360
511
right
312.2 feet;
thence
150
551
right 184.9
feet;
thence
120
411 left
286.6 feet;
thence
90
161
right 244.6
feet;
thence
280
431 left
320.9 feet;
thence
160
361
right 652.8
feetp
thence
280
31' left
328.0 feet;
to a point
on
the north line
of
Section
26,
Township
14 South Range
•
3 :Nest;
thence
680 08► left
158
feet to
the
point of
beginning.
188
All of that part of Section 26 Township 14 South, Range 3 West
within the area described as follows: Starting at the southwest
corner of Section 26 Township 14 South, Range 3 West; thence east
1182.7 feet; along the south lire of Section 26 to point of begin-
ning, thence 900 88' left 75 feet; thence 900 001 right 2017 feet on
a line parallel to the south line of Section 26; thence 900 00' right
75 feet to a point on the south line of Section 26 3199.7 feet east
of the southwest corner of Section 26; thence 900 001 right 2017
feet to point of beginning.
The south 50 feet of the Northwest Quarter of Section 25 Township
14 South, Range 3 Nest.
The east 25 feet of the south 1650 feet of the Northwest Qu4Tter
of Section 25, Township 14 South, Range 3 West.
That part of the south half of Section 25, Township 14 South,
Range 3 West, described as follows: Commencing at the intersection
of the center line of the right of way of the McPherson Branch of the
Missouri Pacific Railroad with the north line of the south half of said
Section 25; thence east along the north line of said half section 2200
feet; thence south 50 feet; thence west along a line 50 feet south
of and parallel with the north line of said half section to the center
line of said railroad right of way; thence north to place of beginning.
The north 27.3 feet of the south 330 feet of Lot 4 in Surveyor's
Plat 11 in Section 253, Township 14 South, Range 3 West.
Tracts of land 50 feet in width, being 25 feet on each side of
a center line described as follows:
(a) Commencing at the intersection of the center of Chicago
Street in Chicago Addition with the easterly bank of Dry Creek; thence
northerly along the easterly bank of Dry Creek to its intersection
with the center of North Street.
(b) Commencing at the intersection of the center line of Barney
Street with the easterly bank of Dry Creek; thence northerly along
the easterly bank of Dry Creek to the intersection of said easterly
bank with the center line of Thirteenth Street (next south of Pacific
Street); thence north along the center line of Thirteenth Street,
produced to its intersecticn with the easterly bank of Dry Creek;
thence northerly along the easterly bank of Dry Creek to its inter-
section with the center line of Euclid Avenue.
(c) Commencing at the intersection of the center line of Ninth
Street with the easterly bank of Dry Creek; thence northerly along
the easterly bank of Dry Creek to a point on the east bank of Dry
•
r
Creek approximately 1320 feet north of the south ling of Section
1 township 14 South, Range 2 West; thence east parallel with the
south line of said quarter section to the center line of Front
Street, produced, thence south along the center line of Front
Street, produced, to the southeast corner of the northwest quarter
hereby directed to advertise for bids, by an advertisement published
not less than six days in the official city paper, for the con-
struction of said improvements, and the doing of said work, the
Board of Commissioners hereby reserving the right to reject any
and all bids for any reason, and upon the receipt of such bids,
the Board of Commissioners of said city may enter into a contract
with the lowest and best responsible bidder therefor, for the
of Section 1, Township 14 South, Range 2 West; thence
east along
within the estimated cost therefor, as prepared by the City
the center line of said Section to the east
line of said
Section
Section 4. That the Board of Commissioners shall, after
1; thence south along the east line of said
section to
the south-
holders of the City of Salina, to assess all damage to any and all
east corner of said Section 1, Township 14
South Range
2 West.
ment. In fixing the amount of injury to any property said appraisers
Section 3. That the City Clerk of
the City of
Salina is
hereby directed to advertise for bids, by an advertisement published
not less than six days in the official city paper, for the con-
struction of said improvements, and the doing of said work, the
Board of Commissioners hereby reserving the right to reject any
and all bids for any reason, and upon the receipt of such bids,
the Board of Commissioners of said city may enter into a contract
with the lowest and best responsible bidder therefor, for the
•
construction of said improvements and the doing of such work
within the estimated cost therefor, as prepared by the City
Engineer.
Section 4. That the Board of Commissioners shall, after
this ordinance takes effect, appoint three disinterested house-
holders of the City of Salina, to assess all damage to any and all
property that will be injured or damaged by reason of said improve-
ment. In fixing the amount of injury to any property said appraisers
.
shall take into consideration the benefit, if any, that said pro-
perty will receive by virtue of said improvements and if the bene-
fits received shall be qual to or greater than the damage to said
property, then in that event no damage shall be allowed. Said
appraisers before entering upon their duties as such, shall first
take and subscribe an oath to faithfully perform their duties as
such appraisers and shall personally view, inspect and examine all
lots and piecds of ground, the bui'dings thereon, rights of ways,
road beds, bfidges, culverts, depot grounds, grades, streets, rail-
roads, telephone and telegraph property and all other property liable
to be injured or damaged by reason of said improvements being made.
Said report shall be made in writing and filed with the City Clerk.
•
Section 5. That at the next meeting, regular or special, of
the governing body of said city, after the filing of the report of
said appraisers, said governing body shall fix a time and place for
the hearing of all objections to said report of said appraisers.
Said governing body shall give notice thereof by causing a publica-
tion to be published once in the official city paper at least ten
days before the date set for said hearing.
Section 6. That at the time and place fixed in said notice,
the governing body shall meet for the hearing of objections. If they
shall find that due notice has not been given as required by this
act, they shall continue the hearing to a date to be fixed by them
and order the publication of the notice as hereinbefore provided;
and when they shall find that due notice has been given, they shall
proceed to hear any and all objections that may have been filed as
to the final amount of damage awarded by said assessors against each
lot, tract or parcel of land or other property, and to that end they
may confirm, approve, modify or amend the report of said appraisers
n any particular, and when they have, in said manner, adjusted,
equalized and determined the amount of damage to the land and other
property as above required, less the benefits acruing thereto, they
shall enter an order confirming the same. Said hearing may be adjourned
from time to time as said governing body may determine.
Section 7. That all objections to the report of said appraisers
must be in writing and filed with the City Clerk of said city forty
eight hours prior to the time fixed for the hearing of the same, and
any person, firm or corporation who has filed objections and had a
hearing as herein provided, feeling aggrieved by the decision and
judgment of said governing body, may appeal to the District Court
of Saline County, Kansas in the time and manner provided for in
Section 12-643 of Revised Statutes of Kansas 1923.
Section 8. That in order to provide for the payment of the
costs of said improvements and the damages occasioned by reason there-
of, the governing body of the said city shall issue internal improve-
ment bonds of the city as provided by law.T Such bonds shall not be
issued in an amount in excess of the contract price of the work or
improvement, plus the total amount of damage allowed for injury to
property, except that the installment coupons shall include the
interest of such installments to the maturity thereof.
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Section 9. The governing body shall appoint three disin-
terested householders of the said. city to appraise any special bene-
fits that may accrue to any property by reason of said improvement
being made. Said appraisers, before entering upon their duties, shall
first take and subscribe to an oath to faithfully perform their duties
a such appraisers and shall personally view, inspect and examine all
lots and pieces of land liable to be specially benefited bys aid
improvement being made. If, in their judgment, any lots and piece
of land will be specially benefited by said improvement being made,
other than the benefits to the city generally, said appraisers shall
report the same to the governing body, listing the lots and pieces
of land specially benefited and the amount of special benefit to
each. The same notices, public hearing, time for objections and
appeals shall apply to said report as provided for the report of
appraisers to assess damages as provided in Sections 12-639-640-
641-642 and 643 of Laws of Kansas 1927. The governing body shall
have the power to revise and correct said report if in its judgment
any benefit appraised to a lot or piece of lans is too much or too
small, and when so revised, corrected and approved by the governing
body, the special benefits so ascertained shall be assessed against
each lot and piece of land and collected the same as special taxes
for sewers are co lected; Provided, that should the benefits so
ascertained exceed the cost of the improvement, a pro rata reduction
shall be made to each lot and piece of land, so that the total assess-
ments shall equal the cost of the improvement; and should the benefits
so ascertained be less than the cost of the improvement, the remainder
of the cost shall be assessed against the city generally, and said
governing body shall provide for the payment of the said city at large
portion of said bonds and interest thereon as the same becomes due
and payable, by the levy of a general tax on all the taxable property
in said city.
Section 10. This ordinance shall take effect and be in force
from and after its publicati--n in the official city paper.
Introduced, December 23, 1929
Passed, December 30, 1929
Attest:
Chas. E. Banker
City Clerk
Guy T. Helvering
Mayor
192
I, Chas. E. Banker, City clerk of the City of Salina,
Kansas, do hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 3820 passed and approved by the
Board of Commissioners of the City of Salina December 30, 1929 ;
and a record of the vote on itw final adoption is found on page
l s� Journal No. 12
city er
( Pii.bi i shed in the Salina Jori rnal?"-,,)5930)
ORDII\ANCF, NO. 3820
AN OFi'.DITIANCF providing?' for the construction of cort-.ain Irrrnrovemei,F.s,
for the protection of the City of Salina and -,ublic and rrivate
-Qrol:;erty therein from the overflow or damage by 1r�al' r,f the
waters of Drlr Creek, a water course running in and near, and
through, the City of Salina; providing for the letting of a
contract for such_ improvements; r;roviding for the appo:,ntment
of three disinterested householders to assess all damage to
any and all rror ertlr that ivill be in iured or dama'"ed b-ir reason
of said improvements; and providing for the acquisition bsr the
Clt- of Salina by condemnation and eminent domain, of all of
t' -,"e Land and easements necessary to construct any drains, canals
and. artificial water co?arses, or to wl(IPr. and straighten ex-
isting drains or water courses, inel-_iding cleaning the sa*re,
or to construct the necessar�r, levees or embankments, or to
raise the grades of any streets or alleys and approaches to
bridges, and to raise said bridges, and to widen existing drains,
channels and canals, including cleaning the same, so far as ma.y
be necessary for the construction of such improvements and for
the rrotecticn of said city and of the pror)erty therein, as
aforesaic, and providing for the payment of the costs of such
improvements, and of the damages occasioned bjr reason thereof
by the issuance of internal improvement bonds of the CittT of
Salina, and providing for the appointment of householders to
appraise any special.. benefits that may accrue to an•r pro-.,erty
by .reason of said improvements and for the assessment of any
such benefits.
WHFR ;AS, by resolution No. 477, beir.Lg a reso'_ution relatin�'e to and
providing for the protection of the City of Salina and of the public
and private procerty therein from floods and damage by the overflow
Y
� r
■
( Pii.bi i shed in the Salina Jori rnal?"-,,)5930)
ORDII\ANCF, NO. 3820
AN OFi'.DITIANCF providing?' for the construction of cort-.ain Irrrnrovemei,F.s,
for the protection of the City of Salina and -,ublic and rrivate
-Qrol:;erty therein from the overflow or damage by 1r�al' r,f the
waters of Drlr Creek, a water course running in and near, and
through, the City of Salina; providing for the letting of a
contract for such_ improvements; r;roviding for the appo:,ntment
of three disinterested householders to assess all damage to
any and all rror ertlr that ivill be in iured or dama'"ed b-ir reason
of said improvements; and providing for the acquisition bsr the
Clt- of Salina by condemnation and eminent domain, of all of
t' -,"e Land and easements necessary to construct any drains, canals
and. artificial water co?arses, or to wl(IPr. and straighten ex-
isting drains or water courses, inel-_iding cleaning the sa*re,
or to construct the necessar�r, levees or embankments, or to
raise the grades of any streets or alleys and approaches to
bridges, and to raise said bridges, and to widen existing drains,
channels and canals, including cleaning the same, so far as ma.y
be necessary for the construction of such improvements and for
the rrotecticn of said city and of the pror)erty therein, as
aforesaic, and providing for the payment of the costs of such
improvements, and of the damages occasioned bjr reason thereof
by the issuance of internal improvement bonds of the CittT of
Salina, and providing for the appointment of householders to
appraise any special.. benefits that may accrue to an•r pro-.,erty
by .reason of said improvements and for the assessment of any
such benefits.
WHFR ;AS, by resolution No. 477, beir.Lg a reso'_ution relatin�'e to and
providing for the protection of the City of Salina and of the public
and private procerty therein from floods and damage by the overflow
of Dry Creek, duly passed by the Board of Commissioners of the
City of Salina on July 22nd, 1929, and duly published in the Salina
Journal, the official. city paper on July 27th, .1929, which resolution
is hereby referred to, and made a part of this ordinance, the Board
of Commissioners of said city did declare it necessary for the
public good and convenience that the bridges, streets, alleys and
all other property, public or private, in the City of Salina be
protected from the overflovr of Dry* Creek, and did direct the City
Engineer of said city to make a survey of the City of Salina which
was subiect to the overflow of said water course, and of that part
of said water course and the land adjacent thereto from which said
flood waters are liable to overflow into the City of Salina, and
that he file the same with the City Clerk with maps and specifications
of said survey and a full and coniplete plan of protecting said. prop-
erty from the overflow or damage by water of said water course and
also the physical. characteristics or location of any right of way,
road beds, bridges, culverts, depot grounds, grades, streets or
a1.leys and any other prox)erty which might be damaged by the overflow
of said water course, and that he also make an estimate of the cost
of the entire work and improvement required to protect said prorerty,
showing the several items of the same, and directing said City Engineer
to inspect and examine all lots and buildings thereon, rights of way,
road beds, bridges, culverts, depot grounds, grades, streets and all
railroads, telephone and telegraph and other property liable to be in-
jured or damaged by the overflow of said water course, and to make a
re -ort in duplicate and file the same with the City "lerk; and
WHEREAS, said City Engineer duly made such survey and a full and
complete plan of protecting said pro ,erty from th.e overflow or damage
by water of said water course and tae physical characteristic�z and
Location oi' property liable to be injured or damaged by the overflow
of said water course and also made an estimate of the cost of the entire
work and improvements required to protedt said property, showing; the
several items of the same and inspected the property required to be
inspected by him, and did malte his report in duplicate, and did file
the same witan the City Clerk, all of which was duly approved by the
governing body of said city, and one of said copies of said engineer's
report was duly filed by the City Clerk with the Publ.!-(.- Service
Commission of the State of Kansas; and
WHEREAS, said report has been duly approved by the Public Service
Commission of the State of Kansas, and a certified copy of the finding
of said Public Service Commission approving such report as been re-
ceived by the governing body of the City of Salina, NOrj THER,FORE,
BE IT ORDAINIRD by the Board of Coimmissioners of the City of Salina,
Kansas:
Section 1. 'chat there be constructed, within the City of
Salina, and without the city limits of said city and within five
miles therefrom drains, canals and artifical water courses, and
levees and embankments, and that the existing drains and water
courses be widened, including the cleaning of the same, for the
pur7ose of protecting the City of Salina and public and f1rivate
pro:---erty therein from the overflow or damage by water of the 7ntaters
of Dry Creek, a water course running in and near, and through,
the City of Salina, in accordance with the report of said City
Engineer filed and approved as aforesaid and in accordance with
the plans and specifications so prepared and filed by said City
Engineer, and which are on file in the office of the City Clerk of
said c;_ty, all of sue# work and improvements to be constructed and
done in accordance with such plans and specifications and within
the estimate of cost so prepared and filed by said City Engineer.
Section 2. That for the purpose of constructing the improve-
ments and doing the work mentioned in Section 1 of this ordinance,
the Board of Commissioners deem and do hereby declare it to be
necessary that the City of Salina appropriate easements upon, in
and over certain private property within the City of Salina and
?rit'�i.out the City Limits of said city and within five miles there-
from, and along and upon the course hereinafter described, and
that the City Engineer of said city shall be and he is hereby
directed to make a survey and description of the easements so
required and to file the same with the City Clerk on or before
the 13th day of January, 1930, which easements shall be taken and
condemned and appropriated by the City of Salina for the Purpose
of constructing thereon such drains, canals and artifical water
courses, and for widening the existing drains and. water courses
thereon, including the cleaning of the same, and for the construc-
tion of such levees and embankments thereon, as shall be necessary
for the construction of the improvements and doing the work provided
for in Section 1 of this ordinance and described in the plan here-
tofore prepared by said City Engineer and filed and approved as
aforesaid, and for the riirpose of forever maintaining, repairing,
rebuilding, reconstructing or altering; the same at any time when
the same may become or may be deemed necessary by the governing
body or by the City Engineer of said city, and for the Dur»ose of
going upon and entering and using the same for any or all sue#
pur)oses by any employee or officer of said city, or any person
J'Tith whom the city may contract for such -our-poses, or his employees,
the easements to be taken for such purposes to be along the fo-lowing
described course, to -wit:
Commencing at a point at or near the intersection of the center
line of the Union Pacific Railroad right of way with the east bank
of Dry Creek; thence along or near the east bank of Dry Creek to a
point at or near the intersection of said east bank of Dry Creek with
the south line of Section 26, Township 14 south, Range 3 west in
Saline County; thence east along the south line of said Section 26
to a point approximately 3199.7 feet east of the southwest corner
of said Section 26.
Also commencing at the southwest corner of the northwest
quarter of Section 25, Township 14 south, Range 3 iirest in Saline
County, Kansas; thence east to the center of said Section 25;
thence north 1650 feet along the east line of the northwest quarter
of said Section 25; thence east approximately 1320 feet along the
south line of Surveyor's Plat No. 11. to° the public road running
a.iong the east side of Surve;gor's Plat 11;
Also commencing at the intersection of the center _line of
the right of way of the Union. Pacific Railroad Company McPherson
Branch, with the north line of the solatb half of said Section 25;
thence east along the north line of said half section 2200 feet.
Also commencing at or near the intersection of the center
line of the Union raci.fi.c Railroad right of way with the east
bank_ of Dry Creek; thence northerl-T and easterly along or near
the east bark of Dry Creek, in Grand Boulevard, to the nortrerly
line of Block 11 in Chicago Addition; thence easterly along the
northerly line of Block 11 to Chicago Street; thence north In
Chicago Street to the easterly bank of Dry Creek; thence northerly
alone, the easterly bank of Dry Creek to ?North Street; thence east
in Norte. Street to Barney Street; thence north along Barney Street
to its intersection v;ith the easterly bank_ of Dry Creek; thence
northeasterly along or near the east bank of Dry Creek to its
i.ntersecticn with. Thirteenth Street just south of Pacific Avenue;
thence north in Thirteenth Street produced, to its intersection
with the easy- bank of Dry Creek; thence northerly along or near
the east bank of Dr -7 Creek to its intersection with Euclid Av,-,nize;
thence east in Euclid Avenue to its intersection with Ninth Street;
thence north to the easterly bank of Dry Creek; thence northeasterly
to a ro'-nt on the east bank of Dry Creek approximately 1320 feet
north of the south line of the Northwest Quarter of Secti_cn 1,
Township 14, Range 2 in Saline Count -v, thence east along or near
a line parallel. with the south line of said quarter section to
its intersection with. the center line of Front
described as follows:
Starting from the southwest corner of said. quarter section; thence
east along the south line thereof 659 feet to the place of beginning;
thence 760 46t left 284 feet; thence 370 58t right 223.4 feet; thence
390 151 right 210.2 feet; thence 140 03t left 164.5 feet; t? -pence 640
451 left 78.3 feet; thence 490 201 left 225.2 feet; thence 250 34t right
226.8 feet; thence 400 491 right 389.8 feet; thence 130 291 right 146 feet
to t'rie south line of Leavenworth Addition to the City of Salina, Kansas;
thence east alone said lane 214 feet; thence 1550 001 right 186 feet;
thence 320 391 left 323.6 feet; thence 330 251 left 269.3 feet; thence
410 35' left 299.5 feet; thence 460 46t right 106.4 feet; thence 480 541
right 120.2 feet; thence 240 091 right 239.0 feet; thence 50 431 right
244.3 feet; thence 460 151 left 150 feet; thence 260 57t left 16-0 feet
to the south line of the Northwest Quarter of Section 14 Tot?rnshi-r 14
South, Range 3 Viest, thence west along said south line 125 f --Pt to the
plat- of becinring.
All of that part of Section 14 and 15, Township 14 South., Range 3
West within the area described as follows: Starting at the Northwest
corner of the Southviest quarter of Section 14 Tov:nship 14 South., Range 3
uiest thence 659 feet east along the north line of the Southwest Qtm rter of
Section 14 to point of beginning; thence 1030 141 right 216.6 feet; thence
240 45t right 146.2 feet; thence 260 081 right 208.7 feet; thence 570 08t
left 253 feet; thence 80 10t left 75.3 feet; thence 1230 241 right 395.4
feet; thence 350 291 left 112.5 feet; thence 500 57t left 93 feet; thence
490 401 left 328.5 feet; thence 300 51t left 139 feet; thence 12-10 351
right 210.2 feet; thence 460 llt right 288.5 feet; thence 270 551 left
143.1 feet; thence 490 25tleft 182 feet; thence 240 .30t left 262.6 feet;
thence 270 471 left 192.7 feet; thence 670 301 right 469 feet; thence 230
20t left 138 feet; thence 250 50t left 337.1 feet; thence 460 33t right
130.7 feet; thence 210 13t right 127.7 feet; thence 320 041 left 125.2 feet;
thende 580 191 left 208,1 feet; tr enc:e 480 51t left 22.5.8 feet; thence
700 281 right 16.1 feet to a Point on the south Line of Section 15, and
1445.7 feet west of the southeast corner of said Section 15; thence 1010
141 left 137 feet to a mint on tree south lire of said. Section 15; thence
1308.7 feet twest of the southeast corner of' Section 1.5; thence 1170 301
left 112feet; thence 290 001 left 173 feet; thence 280 041 right 92 feet;
thence 1090 32t right 281.6 feet thence 640 101 left 459.3 feet; thence
410 581 right 607.6 feet; thence 500 441 left 293.8 feet; thence 830 571
right 476 feet; thence 200 19t left 418.9 feet; thence 170 21t right
226.8 feet; thence 450 20? left 313.4 feet! thence 400 571 left 173.1
feet; thence 680 021 left 234.1 feet; thence 710 211 right 125.8 feet;
thence 640 591 right 205.4 feet; thence 31.0 451 left 125.2 feet; thence
290 1M Left 292 feat to a point on the north line of the sou t-kwost
Quarter of Section A; thence 1000 001 left 125 feet to Pint of beginning.
That portion of Sectinn 22 and Section 23 Township 14 aouth,
Range 3 ,"lest within the area described as follows: Starting, at a noi.nt
1445.7 feet west of the Northeast corner of Section 22, Townshit 14
south, Range 3 West; thence 780 46t left 125.2 feet; thence 880 291
right 163.5 feet; thence 250 23t right 141.8 feet; thence 170 361 left
144.9 feet; thence 60 51 left 92.7 feet; thence 200 291 left 78.3 feet;
thence 440 481 left 85 f et; thence 290 221 left 94.9 feet; thence 330
33t left 239.6 feet; thence 270 56t left 96.5 feet; thence 1TRO 231 right
247.7 feet; thence 50 021 left 230..1 feet; thence 500 091 left 77.5 feet;
thence 470 051 left .309.1 feet; thence 130 091 left 116.6 feet; thence
840 531 right 88.4 feet; thence 480 361 right 177.2 feet; thence 270 59?
left 133.5 feet; thence 520 41t left 98.2 feet; thence 370 361 left
184.3 feet; thence 370 221 right 69.8 feet; thence 250 101 right 354.5
feet; thence 240 471 left 144.9 feet; thence 250 32t left 205.7 feet;
thence 260 23t left 351.2 feet; thence 530 llt right 258.0 feet; thence
1.30 341 left 220 feet; thence 280 141 .left .110.9 feet; thence 120 36t
left 234.9 feet; thence 50 56t right 307.5 feet; thence 190 571 right
181..8 feet; thence 380 281 left 139.1 feet; thence 2.80 181 left 145.3
feet; thence 390 37t left 287.4 feet; thence 350 13t right 206.2 feet;
thence 720 071 right 172.3 feet; thence 220 47t left 145.9 feet; thence
60 561 left 196 feet; thence 560 591 right 439.5 feet; thence 120 42t
right 133.5 feet; thence 50 40t left 171.5 feet; thence 70 001 left
283.4 feet; thence 700 211 left 96.6 feet; thence 180 001 left 261.3
feet; thence 50 421 right 110.8 feet; thence 280 311 right 82.5 feet;
thence 490 491 right 163.8 feet; thence 170 171 left 309.9 feet to a
oint on the south line of Section 23 Township 14 South Range 3 "JUest
72.3 feet east of the Sout-riwest corner of said Section 23; thence 700
451 left =1.58 feet to a --pint 230.3 feet east of said sout'ncjest corner
Secti_(7n. 23; thence 111_° 531 left 29.6 feet; thence 3° 031 right 281.9
feet; thence 130 041 right 319.5 feet; thence 70° 311 left 266.5 feet;
thence 110 301 left 225.1 feet; thence 88° 041 right 279 feet; thence
140 021 right 158.8 feet; thence 100 351 left 484.5 feet; thence 330
041 left 218.7 feet; thence 360 271 left 167.3 feet; thence 330 441
right 193.2 feet; thence 310 141 left 221.5 feet; thence 410 121 left
205.3 feet; thence 250 251 left 173.17 feet; thence 310 551 right 115.7
feet; thence 570 001 right 148.5 feet; thence 80 511 left 625.3 feet;
thence 440 051 right 481.9 feet; thence 420 371 left 325.5 feet; thence
180 381 right; 175.3 feet; thence 450 381 right 469.2 feet; thence 80
101 left 257.8 feet; thence 37° 471 right 254.7 feet; thence 460 451
left 129.1 feet; thence 520 .361 left 161.1 feet; thence 200 501 right
216.5 feet; thence 970 241 right 331.3 feet; thence 230 111 left 180.5
feet; thence 810 451 left 162.2 feet; thence 15° 471 right; 160.4 feet;
thence 1280 551 right 530.2 feet; thence 740 531 left 271.4 feet; thence
57° 46t left 35.4 feet to a oint on the north line of Section 22
Tov',nshi-n 14 So th Range 3 'gest 1308.7 feet unrest of the Northeast corner
of said Section 22; thence 62° 301 left 137 feet to the r,o1nt of be-
ginning.
That part of Sections 26 and 27 Township 14 Sout'n, Range 3 West
within the area described as follows: Starting at the No.rt':Zwest corner
of said Section 26; thence east along said line thereof 72.3 feet to
the place of beginning: thence 700 451 right 386.1 feet; thence 410 251
right 367.9 feet; thence 380 411 left 484.5 feet; thence 30° 081 right
620.3 feet; thence 14° 611 right 240 feet; thence 13° 321 left 213.8
feet: thence 450 221 left 486.6 feet; thence 43° 271 right 188.9 feet;
thence 80 571 left 279.3 feet; thence 40° 291 left 139.4 feet; thence
120 071 left 355.8 feet; thence 7° 231 left 298.8 feet; thence 140 081
right 260.0 feet; thence 590 221 right 413.5 feet; thence 290 461 left
106.4 feet; thence 170 411 left 332.5 feet; thence 110 461 right 284
feet; thence 430 341 right 162.1 feet; thence 170 40t left 311.5 feet
to a Point on the so,-,th line of said Section 26, 952.1 feet; east of
the Southwest corner of said Section 26 thence 960 521 left along said
south line a distance of 230.5 feet; thence 890 591 left 461.4 feet;
thence 140 04t left 247.2 feet; thence 70 151 left 149.3 feet; thence
110 471 left 146.4 feet; thence 50 281 right 154.5 feet; thence 440 071
right 147.6 feet; thence 90 421 right 172.0 feet; thence 310 58.1 left
176.7 feet: thence 330 08t left 181.3 feet; thence 11_0 221 left 205.1
_feet; thence 30 301 left 382.3 feet; thence 30 591 right 279.4 feet;
thence 700 16t right 169.5 feet; thence 140 431 left 186.5 feetp thence
130 201 left 159.1 feet; thence 230 121 left 305.5 feet thence 360 511
right 312.2 feet; thence 150 55t right 184.9 feet; thence 120 411 left
286.5 feet; thence 90 161 right 244.5 feet; thence 280 431 left 320.9
feet; thence 160 361 right 652.8 feet; thence 280 311 left 328.0 feet:
to a point on the north line of Section 26, Township 14 South Range
3 West; thence 680 081 left 158 feet to the point of beginning.
11 All. of that part of Section 26 Tov nship 14 South, Range 3 IvVest
within the area described as follows: Starting at the soutTiwest corner
of Section 26 Township 14 South, Range 3 West; thence east 11$2.7 feet;
a?_ong the south line of Section 26 to Point of beginning, thence 900
001 left 75 feet; thence 900 001 right 2017 feet on a line parallel to
the south line of Section 26; thence 900 001 right 75 feet to a point
on the south line of Section 26 3199.7 feet east of the southwest corner
of Section. 26; thence 900 001 right 2017 feet to point of be,crinni_ng.
The south 50 feet of the Nort-�rvest Quarter of Section 25 Tovrnship
14 South, Range 3 West.
The east 25 feet of the south 1650 feet of the Northxest Qviarter
of Section. 25, Township 1.4 South, Range 3 West.
That part of the south half of Section 25, Tovmship 14 South,
Range 3 Vilest, described as follows: Commencing at the intersection of
the center line of the right of wa�,� of the McPherson Branch of the
-ter= Pacific Railroad with the north line of the south half of said
Street produced north; thence south along the center line of Front
Street produced, to the so71theast corner of said Northwest quarter of
Section 1; thence east along the center line of said section to the
east line of sal.c section; thence south along the east line of Section 1
to the southeast corner of said Section;
And that the easements to be taken for the rurposes aforesaid shall,
among; others, include easements ur>on, over and along the followir_g de-
scribed lands, all_ in Saline Count7, Kansas, to-la,it:
The west 20 feet of Lots 1,2,3, Block 2, Leavenworth Addition;
The west 27, feet of Lots 4, 5,6 and 7, Block 2 Leaven,,vorth. Addition;
The east 15 feet of Lots 1,2.,3,4,5,6 and 7 Block 1 Leavenworth
Addition.
All that part of Blocks 9 and 10 Leavenworth Addition, included
within the area described as follows:
Starting from the Northeast corner of Block 9 Leavenworth Addition;
thence west along the north line of said dock 9, 142 feet to a place of
beginning; thence 570001 left 124 feet; thence 890 26' _left 253 feet to
a mint on the east line of said. Block 9; thence south along the east line
of Block 9, 106 feet to the southeast corner of said Block 9; thence west
along the south line of Blocks 9 and 10 Leavenworth Addition 86 feet;
thence630 25' right 75 feet; thence 540 35' left 140.3 feet; thence 50 50'
left 99 feet; thence 590 29' right 11.3.5 feet; thence 600 40' right 188
feet to a ro_nt on the north line of "lock 10; thence east along the
north line of Blocks 9 and. 10 163 feet to the r,lace of beginning.
All of Park No. 3 Leavenworth Addition.
The west 15 feet of the south 120 feet of Lot 1 Block 12 Leavenworth
Addition;
The west 20 feet of the north 65 feet of Lot 9 Block 12 Leavenworth
Addition;
That portion of Lot 10 Block 12 Leavenworth Addition. bring between
the north line thereof and a line parallel with and 25 feet south of said
north line;
That part of the Northwest Quarter of Section 14 Township 14 Sol?th
Range 3 'vVest of the 6th P. M. in Saline Colant7, Kan.sas within the area
Section 25; thence east along the north line of said half section
2200 feet; thence south 50 feet; thence vest along a line 50 feet south
of and parallel Pith the north line of said half section to the center
line of said railroad right of way; thence north to place of beginning.
The north 27.3 feet of the south 330 feet of Lot 4 in Survevor's
Plat 1.1. in Section 25, Township 14 South, Range 3 Viest.
Tracts of land 50 feet in width, being 25 flet on each side of
a center line described as follows:
(a) Commencing at the intersection of the center of Chicago
Street in Chicago Addition with the easterly bank of Dry Creek; thence
nortrierly along the easterly bank of. Dry Creek to its intersection
with the center of North Street.
(b) Commenting at the intersection of the center line of Barney
Street with the easterly bank of Dry Creek; thence northerly along
the easterly bank of Dry Creek to the intersection of said easterly
bank with the center line of Thirteenth Street (next soilth of Pacific
Street); thence north along the center line of Thirteenth Street,
produced to its intersection with the easterly bank of Dry Creek;
thence northerly along the easterly bank of Dry Creek to its inter-
section with the center line of Euclid Avenue.
(c) Commencing at the intersection of the center line of Ninth
Street with the easterly bank of Dry @reek; thence northerly along
the easterly bank of Dry Creek to a Point on the east bank of Dry
Creek approximately 1320 feet north of the south line of Section 1
Township 14 South, Range 2 West; thence east parallel with the south
line of said quarter section to the center line of Front Street,
produced; thence south along the center line of Front Street, produced,
to the southeast corner of the northwest quarter of Section 1, Town-
ship 1.4 South, Range 2 'West; thence east along the center line of said
Section to the east line of said Section 1.; thence south along the east
line of said section to the southeast corner of said Section 1, Town-
ship 1.4 South Range 2 Nest.
Section 3. That the City Clerk of the City of Salina is hereby
directed to advertise for bids, by an advertisement published not
less than six days in the official city paper, for the construction
of said improvements, and the doing of said work, the Board of Com-
missioners hereby reserving the right to .reject any and all bids for
any reason, and upon the receipt of such bids, the Board of Com-
missioners of said city may enter into a contract with the lowest
and best responsible bidder therefor, for the construction of said
improvements and the doing of such work within the estimated cost
therefor, as prepared by the City engineer.
Section 4. That the Board of Commissioners shall, after this
ordinance takes effect, appoint three disinterested householders of
the City of Salina, to assess all damage to any and all pror,erty
that 1rvill be iniured or damaged by reason of said improvement. In
fixing the amount of inJury to any pro-�,erty said appraisers shall
take into consideration the benefit, if any, that said property will
.receive by virtue of said improvements and if the benefits received
shall be equal to or greater than the damage to said nroperty, then
in that event no damage shall be allowed. Said appraisers before
entering upon their duties as such, shall first take and. subscribe
an oath to faithfully perform their duties as such appraisers and
shall personally view, inspect and examine all lots and pieces of
ground, the buildings thereon, rights of ways, road beds, bridges,
culverts, depot grounds, grades, streets, .railroads, telephone and
telegraph property and all other property liable to be injured or
damaged by reason of said improvements being made. Said report shall
be made in. writing and filed with the Citv Clerk.
Section 5. That at the next meeting, regular or special, of the
governing body of said city, after the filing of the report of said
appraisers, said Poverning body shall fix a time and place for the
hearing of all objections to said report of said apj�raisers. Said
govern.{_ng body shall give notice thereof by causing a publication to
be published once in the of;'icial city paper at least ten days before
_ r .
the date set for said hearing.
Section o. That at the time and place fixed in said notice,
the. g,overning body shall meet for the hearing of objections. Tf they
shall find that due notice has not been given as re„uired by this
qct, they shall continue the hearing to a date to be fixed by them
and order the ublication of the notice as hereinbefore provided;
and when they shall find that due notice has been given, they shall
proceed to hear any and all objections that ma -%,,r have been filed as
to the final amount of damage awarded by said assessors against each
lot, tract or parcel of land or other property, and to that end they
may confirm, approve, modify or amend the report of said appraisers
in any particular, and when they have, in said manner, adjusted,
equalized and determined. the amount of damage to the lands and other
property as above required, less the benefits accruing thereto,
they shall enter an order confirming the same. Said hearing may be
adiourned from time to time as said governing body may determine.
Section 7. That all objections to the report of said appraisers
must be in writing and filed with the City Clerk of said city forty
eight hours prior to the time fixed for the hearing of the same,
and any person, firm or corporation who has filed objections and
had a hearing as herein -Provided, feeling aggrieved by the decision
and Judgment of said governing body, may appeal to the -District
Court of Saline County, Kansas in the time and manner provided for
in Section 12-543 of Revised Statutes of Kansas 1923.
Section 3. That in order to provide for the payment of the
costs of said improvements and the damages occasioned by reason
thereof, the governing body of the said city shall issue internal
improvement bonds of the city as provided by law. Such bonds shall
not be issued in an amount in excess of the contract price of the
work or improvement, plus the total amount of damage allowed for
injury to property, except that the installment coupons shall in -
elude the interest of such installments to the maturity thereof.
Section 9. The governing body shall appoint three disinterested
householders of the said city to appraise any special benefits that
may accrue to any property by reason of said improvement being made.
Said appraisers, before entering upon their duties, shall first take
and subscribe to an oath to faithfully perform their duties as such
appraisers and shall personally view, inspect and examine all lots
and pieces of land liable to be specially benefited by said improve-
ment being made. If, in their judgment, any lots and pieces of land
will be specially benefited by said improvement being made, other
than the benefits to the city generally, said appraisers shall
reoort the same to the governing body, listing the lots and nieces
of land specially benefited and the anount of special benefit to
each. The same notices, public hearing, time for objections and
arpeals shall apply to said report as provided for the report of
appraisers to assess damages as provided. in Sections 12-539-540-
541-642 and 543 of Laws of Kansas 1927. The governing body shall
have the power to revise and correct said report if in its ludgment
any benefit appraised_ to a lot or piece of land is too much or too
small, and, when so revised, corf'ected and approved by the governing
body, the special benefits so ascertained shall be assessed against
each lot and piece of land and collected the same as special taxes
for severs are collected; Provided, that should the benefits so
ascertained exceed the cost of the improvement, a pro rata reduction
shall be made to each lot and piece of land, so that the total
assessments shall equal the cost of the improvement; and should the
benefits so ascertained be less than the cost of the improvement,
the remainder of the cost shall be assessed against the city
generally, and said governing body shall provide for the payment
of the said city at large portion of said bonds and interest thereon
as the same becomes due and payable, by the levy of a general tax
on all the taxable pro,erty in said cite.
Section 10. This ordinance shall take effect and be in
force from and after its publication in the official tits paper,
Introduced, December 23, 1929
Passed, December 30, 1929
Mayor
Attest:
City Perk