Loading...
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