4873 Assessment of Benefits on PropertyORDINANCE NO. 4373
(Published in the Salina Journal 193 8)
AN ORDINA11C: providing for and authorizing the settlement and
compromise of certain controversies existing between the
City of Salina, Kansas and the Union Pacific Railroad
Company and the Atchison, Topeka & Santa Fe Railroad
Company arising out of the assessment of benefits against
the properties of said railroad companies in connection
with the condemnation of certain lands in said city.
WHEREAS, in certain condemnation proceedings instituted by the City
of Salina, Kansas, pursuant to Resolution No. 708 and Resolution
No. 714 of said City, the Commissioners appointed by the Judge of
the District Court of Saline County, Kansas, did make and return
their report whereby they did assess against the property of the
Union Pacific Railroad Company, lying within the benefit district
fixed by the Board of Commissioners of said city, an assessment of
benefits in the amount of $29,270.43, and did assess against the
property of the Atchison, Topeka and Santa Fe Railroad Companys.
lying within said benefit district, benefits in the amount of
$5,165.37; and
11HEREAS, said railroad companies and each of them claim that said
benefits assessed against them are excessive and are otherwise un-
lawful and invalid and have threatened to institute proceedings
in a court of competent jurisdiction to enjoin and prohibit the
assessment of said benefits as a tax against said railroads and
their respective properties; and
WHEREAS, the City of Salina and said railroad companies have
agreed upon a voluntary settlement and compromise whereby the
assessment of benefits as aforesaid against the Union Pacific
Railroad Company will be reduced from $29,270.43 to $10,000.00,
and the assessment of benefits against the Atchison, Topeka &
Santa Fe Railroad Company as aforesaid will be reduced from
$;5,165.37 to $1,764.71, which sums will be paid by said rail-
road companies, respectively, as voluntary payments of such
assessments and said railroad companies will each respectively
withdraw their objections to the said assessments, as so reduced,
and their objections to the construction of the viaduct or over-
pass as contemplated by said condemnation proceedings, and have
agreed to pay said sums voluntarily to said city; NOS"d THEREFORE
BE IT ORDAINED bz the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That the preambles to this ordinance be and they
are hereby adopted as a part of this ordinance and that in con-
sideration of the matters set forth therein and of the performance
by the railroad companies therein mentioned of the conditions to
be performed by them, and as a voluntary settlement and compromise
of all controversies now existing between the City of Salina, Kansas
and said railroad companies arising out of the assessment of benefits
against said railroad companies, in the condemnation proceedings
hereinabove referred to, the amount assessed as benefits in said
condemnation proceedings against the property of said Union Pacific
Railroad Company and the amount claimed by theCity of Salina to
be due to it from said railroad company by reason thereof is here-
by reduced from p29,270.43 to the sum of $10,000.00, and that the
amount so assessed as benefits against the Atchison, Topeka and
Santa Fe Railroad Company in said proceeding and claimed by the
City of Salina to be due to it from said railroad company is hereby
reduced from $5,165.37 to the sum of $1,764.71.
j
Section 2. That
the
payment
of the
sums provided for
in Section
1 of this ordinance to
the
City of
Salina,
shall be made as
soon as but
not before the construction of the viaduct or overpass contemplated by
said condemnation proceedings is actually commenced.
Section 3. This ordinance shall take effect and be in force from
and after its publication in the official city paper and upon the
acceptance thereof by said railroad companies, by ttieir duly authorized
attorneys.
Introduced, May 31st, 1938
Passed, June 6, 1938
Attest: Chas. E. Banger Ed Morzenstern
Mayor
City er
The foregoing ordinance is agreed to and the terms thereof are hereby
accepted and the payments therein provided for will be made by the
undersigned railroad companies in accordance with the terms and con-
ditions therein specified.
UNION PACIFIC RAILROAD COMPANY
BY T. M. Lillard
Its duly au rized Attorney
THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
BY Bruce Hurd
s duly au or ze A orney
STATE OF KANSAS )
�S
COUNTY OF SALINE )
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. 4873 passed and approved by the Board of Commissioners
June 6, 1938; and a record of the vote on its final adoption is found
on page 5z,'7 9 Journal No. 14.
City
GTerk
(Published in the Salina Journal zti I L 1938)
ORDINANCE NO. 4873
AN ORDINANCE providing for and authorizing the settlement and
compromise of certain controversies existing between the
City of Salina, Kansas and the Union Pacific Railroad
Company and the Atchison, Topeka & Santa Fe Railroad
Company arising out of the assessment of benefits against
the properties of said railroad companies in connection
with the condemnation of certain lands in said city.
WHEREAS, in certain condemnation proceedings instituted by the
City of Salina, Kansas, pursuant to Resolution No. 708 and
Resolution No. 714 of said City, the Commissioners appointed
by the Judge of the District Court of Saline County, Kansas,
did make and return t#ieir report whereby they did assess against
the property of the Union Pacific Railroad Company, lying with-
in the benefit district fixed by the Board of Commissioners of
said city, an assessment of benefits in the amount of $29.270.43,
and did assess against the property of the Atchison, Topeka and
Santa Fe Railroad Company lying within said benefit district,
benefits in the amount of x$5,165.37; and
WHEREAS, said railroad companies and each of them claim that
said benefits assessed against them are excessive and are other-
wise unlawful and invalid and have threatened to institute pro-
ceedings in a court of competent jurisdiction to enjoin and
prohibit the assessment of said benefits as a tax against said
railroads and their respective properties; and
WHEREAS, the City of Salina and said railroad companies have
agreed upon a voluntary settlement and compr6mise whereby the
assessment of benefits as aforesaid against the Union Pacific
Railroad Company will be reduced from $29,270.43 to 010,000.00,
and the assessment of benefits against the Atchison, Topeka &
Santa Fe Railroad Company as aforesaid will be reduced from $5,165.37
to $1,764.71, which sums will be paid by said railroad companies,
respectively, as voluntary payments of such assessments and said
railroad companies will each respectively withdraw their objections
to the said assessments, as so reduced, and their objections to
the construction of the viaduct or overpass as contemplated by
said condemnation proceedings, and have agreed to pay said sums
voluntarily to said city; NOW THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas: ,
Section 1. That the preambles to this ordinance be and they
are hereby adopted as a part of this ordinance and that in con-
sideration of the matters set forth therein and of the performance
by the railroad companies therein mentioned of the conditions to
be performed by them, and as a voluntary settlement and compromise
of all controversies now existing between the City of Salina, Kansas
and said railroad companies arising out of the assessment of benefits
against said railroad companies, in the condemnation proceedings
hereinabove referred to, the amount assessed as benefits in said
condemnation proceedings against the property of said Union Pacific
Railroad Company and the amount claimed by the City of Salina to
be due to it from said railroad company by reason thereof is here-
by reduced from $29,270.43 to the sum of $10,000.00, and that the
amount so assessed as benefits against the Atchison, Topeka and
Santa Fe Railroad Company in said proceeding and claimed by the
City of Salina to be due to it from said railroad Company is
hereby reduced from $5,165.37 to the sum of $1,764.71.
Section 2. That the payment of the sums provided for in
Section 1 of this ordinance to the City of Salina, shall be made
as soon as but not before the construction of the viaduct or
overpass contemplated by said condemnation proceedings is actually
commenced.
Section 3. This ordinance shall take effect and be in
force from and after its publication in the official city paper
and upon the acceptance thereof by said railroad companies, by
their duly authorized attorneys.
Introduced May 31st, 1938
Passed June 6, 1938
i
7a
Attest:
City ulerk
The foregoing ordinance is agreed to and the terms thereof are
hereby accepted and the payments therein provided for will be
made by the undersigned railroad companies in accordance with
the terms and conditions therein specified.
UNIONPACIFIC BA#LROAD COMPANY
By
,p u y u or ze a orney
THE ATCHISON,TOPEKA & SANTA FE RAILROhD
COMPANY
By
s duly authorized _a orney