3837 FloodwayC1
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ORDINANCE NO. 3837
AN ORDINANCE providing for tide construction of certain imrrove-
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 the Smoky Ilill tai ver, 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 iniured or dama=red
by reason of said i~nprovements; and providing for tree acquisition
by the City of Salina by condemnation and eminent domain, of all
of the land and easements necessary to construction. any drains,
canals and artificial �^.ater course, or to widen and straighten
existing drains or water courses, including cleanin,2 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 or constructing bridges necessary
and to widen existing drains, channels and canals, inel>>ding
cleaning the same, so far as may be necessary for the construction
of such i'vrovements and for the protection of said city and of the
property therein, as aforesaid, and providing for the ayment 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 benefit that may accrue to any pro-::erty by
reason of said improvements, and for the assessment of any such
benefits.
WHEREAS., by Resolution No. 466, being a reso,uti.on relating
to and providing for the protection of the City of Salina and
of public and private proi,erty therein from floods and damage
by the overflow of Smoky Hill giver, duly passed by the Board of
Commissioners of said city of Salina on March 18th, 1929, and duly
published in the Salina Journal, the official city paper of said
city, on March 30th, 1929, which resolution is herebt, 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
overflov�r of Smoky Hill 1tiver, and did direct the Cittr 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 wit_i the City Clerk with maps and speci-
fications of said survey and a full and complete plan of protecting
said proerty from the overflow or damage by water of said water
course and also the-3hysical characteristics or location of any right
of way, road beds, bridges, culverts, depot grounds, grades, streets
and alleys and any other property which might be damaged by tie over-
flow of said -ater 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
the City 1nnTineer 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 injured or damaged by the olTerflow of said
water tours;-, and to make a report in duplicate and file the same
faith the City Clerk, and
WHEREAS, said City Engineer duly made such survey and a full
and complete plan of protecting said property from th.e overflow
or damage by water of said vfater course and the physical characteristics
and location of pro:_-erty liable to be injured or damaged by the over-
flow of said water course and also made an estimate of the cost of
the entire -ork and improvements required to protect said property,
showing the several items of the same and inspected the property re-
quired to be inspected by him, and did make his report in duplicate,
and did file the same vrith the `'ity filers, al 1 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 i:vith the
Public Service Commission of the State of Kansas; and
VVIIEREAS, said report has been duly approved by the Public Service
Commission of the State of Kansas, and a certified copy of the find-
ing of said Public Service Commission approving such report has been
received by the governing body of the City of Salina, NOVI THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That there be const ucted, within the City of Salina,
and without the City limits of said city and within five miles there-
from drains, canals and artificial water courses, and levees and
embankments, and that the existing drains and water courses be
widened, including the cleaning of the same, and that the grades of
streets and alleys, and the approaches to bridges be changed, and
new bridges be constructed, where necessary, for the purpose of pro-
tecting the City of Salina and public and private property therein
from t'_ -e overflow or damage by water of the ,,eaters of Smoky Hill
River, 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 speci-
fications 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 :lans and specifications and within the estimate of cost so pre-
pared and filed by said City Engineer.
Section 2. That for the purpose of constructing the improvements
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 certain private property and certain
easements upon, in and over certain private property within the City
of Salina and without the limits of said city and within five miles
therefrom, as hereinafter in this ordinance specifically described,
and that the City Engineer of said city shall and he is hereby directed
to make a survey and description of the lands and easements so required
and to file the same with the City Clerk on or before the 3rd day of
March, 1930, which lands and easements shall be taken and cond.,�mned
and appropriated by the City of Salina for the purpose of constructing
thereon such drains, canals and artificial water courses, or to widen
and straighten existing drains and water courses, including the clean-
ing of the same, and for the purpose of constructing the necessary
levees and embankments, and changing and raising the grades of streets
and alleys and the ap;roaches to bridges, or raising said brid�-es, or
constructing bridges where necesse:ry, 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 heretofore pre-
pared by the City Engineer and filed, and approved as aforesaid, and
for the purpose of forever maintaining, rebuilding, reconstructing or
altering the same at any time when the same may become or be deemed
necessary by the governing body or by the City Engineer of said city
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and for the purpose of going ui;on or entering or using the same,
or any or all of such purposes by any employee or officers of said
city or with any person with whom the City may contract for such
Purpose or his employees.
Section 3. That the following described private property in
Saline County, Kansas, be taken, cond coned and appro-Iriated for the
pruposes aforesaid, to -wit:
(1) All of that part of Lot 1 Surveyor's Plat No. 34. beginni g
at a point 183 ft. south of the northwest corner of the northeast
quarter of Section 18, Township 14 south, Range 2 west, thence
south 240 ft. to the north line of Iron Avenue extended, thence
• east 75 ft. along the north line of Iron Avenue extended, thence
north and parallel with the west line of said northeast quarter
240 ft., thence west and parallel with the north line of Iron
Avenue extended 75 ft. to place of beginning.
(2) All of that part of Lot 1, Surveyor's Plat 34 described
as follows: beginning at the northwest corner of the northeast
quarter of Section 18, Township 14 south, Range 2 rest, thence
south on west line of said. northeast T arter 183 ft., thence east
and parallel to Iron Avenue extended 75 ft. t-_ence south and
parallel to west line of said northeast quarter 240 ft. to the
north line of Iron Avenue, thence east on the north line of Iron
Avenue 259.3 ft. thence north and parallel to the west line of
said northeast quarter 423 ft. to the north line of said north-
east quarter, thence west on north line of said northeast quarter
• 334.3 ft. to place of beginning, also all of Lot 2, Surveyor's
Plat No. 18 in southeast quarter of Section 7, Township 14 south,
Range 2 west, except the east 174 ft. of said Lot 2.
(3) The west, 435 ft. of the east 633 ft. of Lot 1 Surveyor's
Plat 34 and the west 261 ft. of Lot 4 Surveyors Plat 18, and the
east 174 ft. of Lot 2 Surveyors Plat 18, in Sections 7 and 18
Township 14 south, Range 2 west.
(4) Beginning at the intersection of the west line of the north-
east quarter of Section 18, Township 14 south, Range 2 west, with
the south line of iron Avenue, thence east along the south line of
Iron Avenue 320 ft., thence southwesterly approximately 800 ft. to a
point on the west line of said quarter section 735 ft. south of the
south line of Iron Avenue; thence north 735 ft. to the place of
beginning.
(5) Beginning at a point on the west line of Iowa Street 135
0 ft. south of the south line of Iron Avenue, thence south along the
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west line of Iowa Street to the north line of Gypsum Avenue, thence
west along the north line of Gypsum Avenue 200 ft. thence north and
parallel to the west line of Iowa Street 315 ft., thence northeasterly
520 ft. to the place of beginning.
(6) Beginning at the intersection of the east line of the north-
west quarter of Section 18, Township 14 south, Range 2 west with the
so th line of Gypsum Avenue produced, thence south along the east lire
of said quarter section to the southeast corner thereof, thence west
along the south line of said quarter section 370 ft., thence north-
easterly 645 ft. to a point 635 ft. north and 240 ft. west of the
southeast corner of said quarter section, thence north 525 ft. to
the south line of Gypsum Avenue, thence easterly along the south line
of Gypsum Avenue to the place of beginning.
(7) Beginning at a point on the north line of the sou hc,,est quarter
of Section 18, Township 14 south, Range 2 west, 140 ft. west of the
northeast corner thereof, thence south parallel to the east line
thereof 780 ft. to the center of the Smoky Hill River, thence north-
westerly along the center of the Smoky Hill River to a r), --)int 500 ft.
west and 240 ft. south of the northeast corner of said quarter section,
th:-�nce northeasterly to a point on the north line of said quarter
section 370 ft. west of the northeast corner thereof, thence east
230 ft. to the place of beginning.
(8) Beginning at a point on the west line of the southeast quarter
of Section 7, Toirrnshir 14 south, Range 2 west, 202 ft. north of the
southwest corner of said southeast quarter of Section 71, thence north
on the west line of southeast quarter of Section 79 To,.Inship 14 south,
Range 2 west 96.2 feet, thence 900 00' right 350 ft. thence 900 80'
right 60 ft. to center line of Smoky Hill River, thence westerly and
upstream with the center line of the channel of the Smoky Hill Inver
to point of beginning.
(9) Beginni g at a point on the west line of Section 18, Township
14 south, Range 2 west, 1551.5 ft. south of the northwest corner of the
southwest quarter of said Section 18, thence 590 30' left 648.8 ft.,
thence 480 59' left 344.4 f t . t'rnenc e 360 28' left 359.4 ft., thence
170 581 left 1031.6, thence 860 19' right 267.8 ft. to the center line
of the Smoky Hill River channel, thence so3,thwesterly along the center
line of the channel of the Smoky Hill River to a point 2031.6 ft. south
of the northwest corner of the southwest quarter bf Section 18, Township
14 south, Range 2 west and 525 ft. east of the 4;west line o f said Section
181, thence due south 65 ft. thence 900 right 425 ft., thence 900 left
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544 ft. to the oath line of Section 18, Township 14 south, Range 2
west, thence 900 right 100 ft. to the southwest corner of Section 13,
thence north on the west line of Section 18,'Township 14 south,
Range 2 west 1089.1 ft. to point of beginning.
(10) Beginning at a point on the east line of Section 13,
Township 14 south, Range 2 west, 1551.5 ft, south of the northeast
corner of the southeast quarter of said Section 13, thence 900 001
right 150 ft. thence 900 061 left 300 ft., thence 90' 66, left 100 ft.
thence 906 001 right 789.1 ft. to the south line of Section 13,
Township 14 south, Range 3 west, thence 900 001 left 50 ft. to the
southeast corner of said Section 13, thence north on the east line
• of said Section 13, Township 14 south, Range 3 west 1,089.1 ft. to
point of beginning.
Section 4. -'hat easements upon, in, over and along the follo;,ring
described property be taken and condemned for the purposes aforesaid,
as follows:
(11) Beginning at a r;oint on the west line of southeast quarter
of Section 73, Township 14 south, Range 2 tivest, 298.2 ft. north of the
southwest- corner of said soy_}theast quarter of Section 7, thence 240
281 right 639 ft., thence 710 471 left 933.6 ft., thence 360 441
right 1103.6 ft. to a point on the north line of Forth Street, thence
1030 581 right 207.4 ft. to a point on the north line f North Street,
thence 760 021 right 800 ft.. to the center line of the Smoky Hill
River channel, the upstream with the center line of the channel of
the Smoky Hilt River to a point 238.2 ft. north and 350 ft. east of
• the southwest corner of said southeast quarter of Section 7, the due
north 60 ft. the west 900 OC1 left 350 ft. to place of beginning.
(12) The west 50 ft. of the west half of Section 19, Townshi
4 south, Range 2 west, from the north line of said Section 19 to a
I. int 1351 ft. south of the north line of Section 19, Township 14 south,
Range 2 west,
(13) The east 25 ft. of the east one half Section 24, Township
14 south, Range 3 west, from the north line of said Section 24 to a
point 1351 ft. south of the north line of Section 24, Township 14 south,
Range 3 west.
(14) The vrest 20 ft. of Lot 10, `ibite Acres, a subdivision of
tracts 3 and 5 of Tl -,-os. White farm in southwest quarter of Section 7,
Tnwrs'i,ip 14 south, Range 2 ;:test.
(15) The east 20 ft. of Lot 9, White Acres, a subdivision of tracts
3 and 5 of Thos. 'shite farm in southwest quarter of Section 7, Township
• 14 south, Range 2 west.
Section. 5. That the City Clerk of the City of Salina is hereby
directed to adve tise 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 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 6. 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 property
that will be injured or damaged by reason of said improvenent. In
fixing the amount of iniur•y to any pro',-erty said apr raisers 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 pror.)erty, 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 vie% 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 City Clerk.
Section 7. 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 'ody shall fix a time and -:lace for the
hearing of all objections to said report of said appraisers. Said
governing body shall give notice thereof by causing; a publication to
be published once in the official city paper at least ten days before
the date set for said hearing.
Section 8. That at the ti -e and place fixed in said notice, the
governing body shall meet for the hearing of objections. If they
shat -1 find that due notice has not be.;n 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;
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and when they shall find that due notice has been r7iven, they shall
rroceed to near any and all objections that majr nave been filed as
to the ficial 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
procerty as move required, less the benefits accruing thereto,
they shall enter an order confirming the same. Said hearing may be
adjourned from time to time as said governing body may determine.
Sedtion 9.
That all. objections to the report of said appraisers
i 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 10. 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 1�e issued in an amount in excess of the contract price of the
,pork or i-provement, plus the total amount of damage allowed for
Sectio_ 11. The governing body shall__ appoint three disinter"sted
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 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
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injury to
property,
except
that the installment coupons
shall in-
clude the
interest
of such
installments to the maturity
thereof.
Sectio_ 11. The governing body shall__ appoint three disinter"sted
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 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
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apxly 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 Liece of land 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 se,.,-ers 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 shal 1 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.
Sectionl2. This ordinance shall take effect and be in force
from and after its publication in the official city pep er.
Introduced, February 10, 1930
Passed, February 17, 1930
Guy T. Helvering
Mayor
At! -est:
Chas. E. Banker _
City Clerk
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I. Chas. E. Banker, City Clerk of the City of Sal'na, Kansas, do
hereby certify that the above and foregoing is a true and correct copy
of Ordinance No. 3837 passed and apr:roved by the Board of Commissioners
of the City of. Salina, February 17, 1930; and a record of the vote on
its final adoption is found on paged Journal No. 12.
�..,�� ' . ✓\ /fit � � ��� �-
City Clerk
A.�
1 4
(Published in the Salina Journal
ORDINANCE NO. 3837
1930 )
AN ORDINANCE providing for the construction of certain improvements
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 the Smoky Hill River, 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 dis-
interested householders to assess all damage to any and all property
that will be injured or damaged by reason of said improvements; and
providing for the acquisition by the City of Salina by condemnation
and eminent domain, of all of the land and easements necessary to
construction any drains, canals, and artificial water course, or
to widen and straighten existing drains or water courses, including
cleaning the same, or to construct the necessary levees or embank-
ments, or to raise the grades of any streets or alleys and approaches
to bridges, and to raise said bridges or constructing bridges where
necessary and to widen existing drains, channels and canals, including
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
pro-erty 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 benefit that may accrue to any property by
reason of said improvements, and for the assessment of any such
benefits.
trHEREAS, by Resol-ution No. 466, being a resolution relating to
and providing for the protection of the City of Salina and of public
and private property therein from floods and damage by the overflow
of Smoky Hill River, duly passed by the Board of Commissioners of
said city of Salina on March 18th, 1929, and duly published in the
Salina Journal, the official city paper of said city, on March
30th, 1929, which resolution is hereby referred to and made a part
of this ordinance. The Board of Uommmissioners of said city did
declare it necessary for the public good and convenience that the
bridges, streets, alleys and all other property, public or pri-
vate, in the City of Salina be protected from the overflow of
Smoky Hill River, 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 characteristics or location of any right of way,
road beds, bridges, culverts, depot grounds, grades, streets and
alleys and any other property which might be damaged by the over-
flow 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
the 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 injured or damaged by the overflow of said
water course, and to make a report in duplicate and file the same
with the City `'lerk, and
4i;HEREAS, 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 over-
flow of said water course and also made an estimate of the cost of the
entire work and improvements required to protect said proc;erty, show-
ing the several items of the same and inspected the property re-
quired 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 Olerk with the
Public Service Commission of the State of Kansas; and
WHEREAS, said report has been duly approved by the Public Ser-
vice Commission of the State of Kansas, and a certified copy of the
finding of said Public Service Commission approving such report has
been received by the governing body of the City of Salina, NOW
THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina
Kansas: ,
Section 1. That there be constructed, within the City of Salina,
and without the city limits of said city and within five miles there-
from drains, canals and artificial water courses, and levees and
embankments, and that the existing drains and water courses be
widened, including the cleaning of the same,and that the grades of
streets and alleys, and the approaches to bridges be changed, and
new bridges be constructed, where necdssary, for the purpose of pro-
tecting the City of Salina and public and private property therein
from the overflow or damage by water of the waters of Smoky Bill
River, 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 speci-
fications 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 pre-
pared 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 ap-c;ropriate certain private
property and certain easements upon, in and over certain private
property within the City of Salina and without the limits of said
city and within five miles theref%m, as hereinafter in this ordinance
specifically described, and that the City Engineer of said city shall
and he is hereby directed to make a survey and description of the
lands and easements so required and to file the same with the City
Clerk on or before the 3rd day of March , 1930, which lands and
easements shall be taken and condemned and appropriated by the City
of Salina for the purpose of constructing thereon such drains,
canals and artifictLl water courses, or to widen and straighten
existing drains and water courses, including the cleaning of the
same, and for the purpose of constructing the necessary levees and
embankments, and changing and raising the grades of streets and
alleys and the approaches to bridges, or raising said bridges, or
constructing bridges where necessary, 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 the City Engineer and filed, and approved as
aforesaid, and for the purpose of forever maintaining, rebuilding,
reconstructing or altering the same at any time when the same may
become or be deemed necessary by the governing body or by the City
Engineer of said city and for the purpose of going upon or entering
or using the same, or any or all of such purposes by any employee or
officer of said city or with any person with whom the City may con-
tract for such purpose or his employees.
Section 3. That the following described private pro,:-erty in
Saline County, Kansas, be taken, condemned and appropriated for the
purposes aforesaid, to -wit:
(1) All of that part of Lot 1 Surveyor's Plat No. 34, beginning
at a point 183 ft. south of the northwest corner of the northeast
quarter of Section 18, Township 14 south, Range 2 west, thence
south 240 ft. to the north line of Iron Avenue extended, thence
east 75 ft along the north line of Iron Avenue extended, thence
north and parallel with the west line of said northeast quarter
240 ft., thence west and parallel with the north line of Iron
Avenue extended 75 ft. to place of beginning.
(2) All of that part of Lot 1, Surveyor's Plat 34 described as
follows: beginning at the northwest corner of the northeast
quarter of Section 183, Township 14 south, Range 2 west, thence
south on west line of said northeast quarter 183 ft., thence east
and parallel to Iron Avenue extended 75 ft., thence south and
parallel to west line of said northeast quarter 240 ft. to the
north line of Iron Avenue, thence east on the north line of Iron
Avenue 259.3 ft. thence north and parallel to the west line of
said northeast quarter 423 ft. to the north line of said north-
east quarter, thence west on north line of said northeast quarter
334.3 ft. to place of beginning, also all of Lot 2, Surveyor's
Plat No. 18 in southeast quarter of Section 7, township 14 south,
Range 2 west, except the east 174 ft. of said Lot 2.
(3) The west 435 ft. of the east 633 ft. of Lot 1 Surveyor's Plat
34 and the west 261 ft. of Lot 4 Surveyors Plat 18, and the east
174 ft. of Lot 2 Surveyors Plat 18, in Sections 7 and 18 Township
14 south, Range 2 west.
(4) Beginning at the intersection of the west line of the northeast
quarter of Section 18, Township 14 south, Range 2 west, with the
south li�.e of Iron Avenue, thence east along the south line of Iron
Avenue 320 ft., thence southwesterly approximately 800 ft. to a
point on the west line of said quarter section 735 ft. south of
the south line of Iron Avenue; thence north 735 ft. to the place of
beginning.
(5) Beginning at a point on the west line of Iowa Street 185 ft.
south of the south line of Iron Avenue, thence south along the west
line of Iowa Street to the north line of Gypsum Avenue, thence
west along the north line of Gypsum Avenue 200 ft., thence north
and parallel to the west line of Iowa Street 315 ft., thence north-
easterly 520 ft. to the place of beginning.
(6) Beginning at the intersection of the east line of the north-
west quarter of Section 18, Township 14 south, Range 2 west with
the south line of Gypsum Avenue produced, thence south along the
east line of said quarter section to the southeast corner thereof,
thence west along the south line of said quarter section 370 ft.,
thence northeasterly 645 ft. to a point 635 ft. north and 240 ft.
west of the southeast corner of said quarter section, thence north
525 ft. to the south line of Gypsum Avenue, thence easterly along
the south line of Gypsum Avenue to the place of beginning.
(7) Beginning at a point on the north line of the southwest quarter
of Section 18, Township 14 south, Range 2 west, 140 ft. west of
the northeast corner thereof, thence south parallel to the east
line thereof 780 ft. to the center of the Smoky Hill River, thence
northwesterly along the center of the Smoky Hill River to a point
500 ft. west and 240 ft. south of the northeast corner of said
quarter section, thence northeasterly to a point on the north
line of said quarter section 370 ft. west of the northeast corner
thereof, thence east 230 ft. to the place of beginning.
(8)Beginning at a pdnt on the west line of the southeast quarter
of Section 7, Township 14 south, Range 2 west, 202 ft. north of the
southwest corner of said southeast quarter of Section 7, thence
north on the west line of southeast quarter of Section 7, Township
14 south, Range 2 west 96.2 feet, thence 900"00+ right 350 ft.
thence 900 001 right 60 ft. to center line of Smoky Hill River,
thence westerly and upstream with the center line of the channel
of the Smoky Hill River to point of beginning.
(9) Beginning at a point on the west line of Section 18, Township
14 wouth, Range 2 west, 1551.5 ft. south of the northwest corner
of the southwest quarter of said Section 18, thence 590 30' left
648.8 ft., thence 480 59' left 344.4 ft. thence 360 281 left 359.4 ft.,
thence 170 58, left 1031.6, thence 860 191 right 267.8 ft. to the
center line of the Smoky Hill River channel, thence southwesterly
along the center line of the of the channel of the Smoky Hill
River to a po nt 2031.E ft. south of the northwest corner of the
southwest quarter of Section 18, Township 14 south, Range 2 west
and 525 ft. east of the west line of said Section 16, thence du.e
south 65 ft., thence 900 right 425 ft., thence 900 left 544 ft. to
the south line of Section 18, Township 14 south, Range 2 west,
thence 900 right 100 ft. to the southwest corner of Section 18,
thence north on the west line of Section 18, Township 14 south,
ft.
Range 2 west 1089.1/to pont of beginning.
(10)Beginnir)g at a point on the east line of Section 13, Township
14 south, Range 2 west, 1551.5 ft. south of the northeast corner
of the southeast quarter of said Section 13, thence 900 001 right
150 ft., thence 900 00, left 300 ft., thence 900 68' left 100 ft.
thence 900 00' right 789.1 ft. to the south line of Section 13,
Township 14 south, Range 3 west, thence 900 00' left 50 ft. to the
southeast corner of said Section 13, thence north on the east line
of said Section 13, Township 14 south, Range 3 west 1089.1 ft. to
point of beginning.
Section 4. That easements upon, in, over and along the following
described property be taken and condemned for the purposes aforesaid,
as follows:
(11)Beginning at a point on the west line of southeast quarter of
Section 7, Township 14 south, Range 2 west, 298.2 ft. north of the
southwest corner of said southeast quarter of Section 7, thence
240 28' right 639 ft., thence 710 471 left 933.6 ft., thence 360
44t right 1103.6 ft. to a point on the north line of North Street,
thence 1030 581 right 207.4 ft. to a point on the north line
of forth Street, thence 760 02t right 800 ft. to the center line
of the Smoky Hill River channel, the upstream with the center line
of the channel of the Smoky Hill River to a point 238.2 ft. north
and 350 ft. east of the southwest corner of said southeast quarter
of Section 7, the due north 60 ft. the west 900 00t left 350 ft.
to place of beginning.
(12)The-west 50 ft. of the west half of Section 19, Township 14 south,
Range 2 west, from the north line of said. Section 19 to a point 1351 ft.
south of the north line of Section 19, Township 14 south, Range 2 west.
(13)The east 25 ft. of the east one half Section 24, Township 14 south,
Range 3 west, from the north line of said Section 24 to a point
1351 ft. south of the north line of Section 24, Township 14 south,
Range 3 west.
(14)The west 20 ft. of Lot 10, 00hite Acres, a subdivision of tracts
3 and 5 of Thos. White farm in southwest quarter of Section 7,
Township 14 south, Range 2 west.
(15)The east 20 ft. of Lot 9, Vuhite Acres, a subdivision of tracts
3 and 5 of Thos. White farm in southwest quarter of Section 7,
Township 14 south, Range 2 west.
Section 5. 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 righ'to reject anal and all bids for
any reason, and upon the receipt of such bids, they 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 ''ity Ingineer.
Section 6. 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 property
that will be injured or damaged by reason of said improvement. In
fixing the amount of injury to any property said appraisers $hall
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 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 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 City Clerk.
Section 7. That at the next meeting, .regular or special, of the
governing body of said city, after the filing of the report of said
apraisers, 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 publication to
be published once in the official city paper at least ten days before
the date set for said hearing.
Section 8. 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 assesors 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
adjourned from tine to time as said governing body may determine.
Section 9. 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 10. 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
,,Piork or improvement, plus the total amount of damage allowed for
iniury to pro-perty, except that the installment coupons shall in-
elude the interest of such installments to the maturity thereof.
Section 11. The governing body shall ap!:oint three disinterested
householders of the said city to appraise any special benefits that
may accrue to any property by reason d' 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, intheir 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
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 ap:raised to a lot or piece of land 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 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
property in said city.
Section Ig• This ordinance shall take effect and
be in force from and after its publication in the official
city parer.
Attest:
Introduced, February 10, 1930
Passed, February 17, 1930
Mayor