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3141 Purchase of Water Works PlantNCE NIMBER 314 Evening Journa An Ordinance providing for and calling a special election in the Cit of Salina, Kansas for the purpose of submitting to the elect- ors of said City the question of authorizing the purchasing and taking of the water works plant of The Salina hater Works Company and the appurtenances thereunto belonging or in any way appertaining to the same at the fair cash value thereof as found and ascertained by the Commissioners appointed for such purpose in the sum of {605,082.00. 'NHTAS, the Board of Commissioners of the City of Salina, Kansas did on the 7th day of July 1924 duly adopt'a resolution declaring it necessary and for the interest of said City to acquire, control and operate the water plant of The Salina Water Works Compan the franchise of said company for supplying water to the City of Salina having expired prior to the adoption of said resolution, pursuant to the passing of which resolution an application on behalf of. said City was duly presented in writing to the District Court of Saline County, Kansas setting forth the action of said City relative to said resolution, praying for the appointment of Commis- sio nets to ascertain and determine the value of such plant, togethe: with a copy of. the resolution so passed by said City, and, NHMEAS, pursuant to the presentation of said application and resolution to the District Court aforesaid, the time was duly fixed for the hearing thereof by said District Court, of which due notice according to law was given in wr iting to said The Salina ,;dater Vlurks Company and to the United States Trust Company, which has or claims liens on the property of the said The Salina Water Viorks Company, and . JIiE$RAS, prior to the date fixed for said hearing by said Court said The S`lina liVater vdorks Company filed in said court its application or petition for the removal of said cause and proceed- ing to the District Court of the United States for the District of Kansas, pursuant to which said cause and proceeding was duly removed from'the jurisdiction of the District Court of Saline County, Kansas to the District Court of the United States for the District of Kansas, in which cause or proceeding pursuant to such removal the Judge of the District Court of the United States duly appointed. three Commissioners having the qualifications required by laid, one of whom was selected by the City of Salina, one by the .said The Salina Water 'Norks Company and the .third having been designated by the Judge of said Court, said Commissioners having taken an oath to faithfully, honestly and to the best of their skill and ability appraise and ascertain the fair cash value of said palnt and the appurtenances thereunto belonging or in any way apper- taining to the same, and 19HMEAS, pursuant to their appointment said Commissioners, after fully examining said plant and experts familiar with the cost of construction and reproduction cost of such plant; did on the 22nd day of June, 1925, make their report in writing, under oath, and file the same with the Clerk of the District Court of the United States for the District of Kansas, wherein they found, ascertained and reported the fair cash value of said plant and appuertenances thereunto belonging or in�any way appertaining to the same to be the amount of $6059082.00, which said report, no exception having been filed thereto by any of the parties to said cause or proceeding, the filing of such exceptions having been expressly waived by all of such parties was thereupon duly con- fimed by said Court on the 23rd day of June, 1925, and 'WHEREAS, the Board of Commissioners of the City of Salina desire to submit to the electors of the City of Salina in the manner provided by law the question of taking the property of The S lina Water Works Company at the amount.to ascertained; NOW ifiEREFCRE, BE IT MAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That a special election be held and the same is hereby called in the City of Salina, Kansas on the 22nd day of September ;925, at which election there shall be submitted to the electors of the City of Salina the following question, "Shall the City of Salina purchase and take ..the plant of The Salina Water Works Company and the appurtenances thereunto belonging or in any way appertaining to the same for the. sum of y$605,082.00, being the amount ascertained and found as the value thereof by the Commis- sioners duly appointed for such purpose2" That the polls shall be opened and such election held at each voting precinct in the City of Salina at the following places to -wit: FIRST ,YARD: City Building, southwest corner of Fifth Street and Ash Street; NORTH PRECINCT, SECOND WARD: City Building, northeast corner of Seventh and Decatur Streets; SOUTH PRECINCT, SECOND WARD:. Saline County Court House on west side of Ninth Street between Park and Elm Streets; NORTH PRECINCT, THIRD WARD: Lincoln Junior High School Building, 220 South Seventh Street; SOUTH PRECINCT, THIRD WARD: City Building, 410 Putnam Avenue; FOURTH WARD: City Building, 130 South Fifth Street; FIFTH 1yARD: City Building, 220 West Crawford Avenue; and that the hours of voting at such special election shall be from 6:00-otaloek A. M. to 7:00 o'clock P. M. at the places and on the date above mentioned. That.the Mayor of the City of Salina shall give due notice of said special election by a proclamation which shall be pub- lished by the City Clerk in the official City paper at leastten days prior.to said 22nd day of September, 1925 of the holding of said election, the proposition to be voted upon, the location of the voting precincts within the City and the hours of opening and closing of the polls. That the Mayor and Board of Commissioners of the City of Salina, Kansas shall, at least ten days before the date set for the special election above mentione , designate and appoint three persons to act as, judges and two persons to act as clerks of election in each voting precinct of said City, such persons to be qualified electors of the precinct from which they are appoint- ed and in which they are to act. Not more than two of such judges r' and not more than one of such clerks in each voting precinct shall be from or belong to the same political party: Such persons so appointed shall act as judges and clerk's of'said election in their respective precincts and shall qualify and perform their duties as such judges and clerks and shall canvass and certify the votes on the question so submitted and make due returns thereof to the City Clerk of the City of Salina in the same manner as now required and provided by law in the case of general city elections so far as such provisions shall be applicable. That the registration books in the office of the City Clerk shall be closed ten days preceding said special election and that prior to the olosingof such registration books the office of the City Clerk shall be, open continuously for thepurpose of permitting the registration of voters from the hour of 9:00 o'clock A. M. to 10:00 o'clock P. M. of each day, except Sundays of all of which the City Clerk shall give due notice by publication in the official City paper within the time provided by law, and no person who shall not be registered on the registration books in the office of the City Clerk according to law shall vote at such special election. That the City Clerk shall, prior to said election, within the -time and In the manner required by law prepare and deliver to the judges a of election at each voting precinct the ballots to be used in such special election upon which shall be printed across the entire width of said ballot and at the top thereof, iii pica type, the following instructions: "To vote in favor of any question submitted upon this ballot make a cross SX) mark in the square after the word 'Yes ; to vote against it make a similar mark in the' square after the word 'No'. Beneath such heading shall be printed in previer lower case type'the proposition of q uestion to be voted upon, as hereinabove preceded by the words "Shall the following be adopted?" and oppo- site shall be printed two squares, one above the other, preceding the upper one of which shall be printed the word "Yes" and preced- ing the,lower one of which shall be printed the word "No ", which said ballot shall have endorsed and printed thereon such other instructions, endorsements and other matters as maybe provided andj required by law, including the words "Question submitted", the designation of the polling place for which the ballot is prepared, the date of the election and the fac-simile signature of the City Clerk. I That the Mayor and the City Clerk of said City shall provide and furnish polling places and shall furnish and equip -them in the manner required of them by law and the City Clerk and judges and clerks of election of the several voting percincts shall do and perform all of the things and acts required of them by the laws of the State of Kansas in connecti9n with the conducting and holding of such election, including the posting of cardsof in- structions to voters, distributing, receiving, counting and dispos- ing of ballots and performing all other duties required of them by law. When the judges and clerks of election for,their respective precincts shall have completed the canvassing and counting of the votes cast at said special election they shall return and deliver to the City Clerk of the City of Salina all of the ballots received by them at such election, together with the registration and poll books with the proper certificates thereto and their eerti- f icate,showing the result of said election and the City Clerk shall on the.Friday following such special election present to the same to the Board of Commissioners of the City of Salina who shall meet on said date as a Board of Canvassers to canvass the vote cast at such election. After making a canvass of the votes cast they shall certify the result of such canvass, which certificate shall be spread upon the minutes of said meeting and shall be'a part of the records of the proceedings of the Board of Commissioners of the city of Salina. If -at such special eleetionas shown by'the certificate of the canvass of the votes cast thereat as herein provided for, a majority of the electors voting at such election upon the question submitted shall elect to take the property of The Salina Waterm Works Company at the amount so ascertained as aforesaid, then the Board of Commissioners of the City of Salina shall in the manner provided by law enact a proper ordinance providing for the issue of bonds according to law to be sold and the proceeds thereof used for the purdhase of said plant. Section 2. This ordinance shall take effect and be in full force from and after its publication once in the official City paper. _ , Introduced for first reading, August 3rd, 1925. Passed and approved --------- August 10th, 1925. (SEAL) J. S. Hargett, Mayor Attest: Chas. E. Banker, City Clerk. STATE OF KANSAS ) SS. COUNTY OF SALINE ) I. Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby cerify that the above and foregoing is a true and correct copy of Ordinance Number 3141 passed and approved by the Board -of Commissioners, August•10th, 1925; and a record of the vote on its final adoption is found on Page 9 % of Journal Number 11. Said ordinance was published in the Salina Evening Journal August 11925. C ty Olerk. 0 in The Salina Evening Journal ORDINANCE NO* 1 l 0 1925' An Ordinance providing for and Galling a special election in the City of Salina, Kansas for the purpose of submitting to the electors of said City the question of authorizing the purchaseing and taking of the water works plant of The Salina Water Works Com- pany' and the appurtenances thereunto belonging or in any way appertaining to the same at the fair cash value thereof as found end ascertained by the Commissioners appointed far such purpose in the sum of §605,082#00- WHER s, the Board of Commissioners of the City of Salina, Kansas did on the "ith day of July, 1924 duly adopt a resolution declaring it necessary and for the interest of said City to acquire, control and ops crate the water plant of The Salina Mater Works Company, the franchise o f said company for supplying water to the City of Salina having expired P to the adoption of said resolution, pursuant to the passing of Which resolution an application on behalf of said City was duly presented in writing to the District Court of Saline County, Kansas setting forth the action of said City relative to said resolution, praying for the issioners to ascertain and determine the value of such appointment of Comm plant, together with a copy of the resolution so passed by said City, r; WHEREAS: pursuant to the presentation of said application and reso - lu hearing thereof b ton to the District Court aforesaid, the time was duly fixed for the ourt of which dub notice according y District said D C, g to said °ihe Sauna eater corks Company and to law was given in writin to itie United States Trust Company, which has or claims liens on the property of, the said The Salina eater Works Company, and. WHER .S, prior to the date fixed for said hearing by said Court said The Salina Vater Works Company filed in said Court its application or petition for the removal of said cause and proceeding to the District Court of the United States for the District of Kansas, pursuant to which said cause and proceeding was, duly removedfrom the jurisdiction of the District Court of Saline County, Kansas to the District Court of the United States for the District_ of Kansas, in which cause or proceeding pursuant to such removal the Judge of the District Court of the United States duly appointed three Commissioners having the qualifications re- quired by law, one of whoa was selected by the City of Galina, one by the said M -ie Salina dater Works Company and the third having been desig- nated by the Judge of said Court, said Commissioners having taken an oath to faithfully, honestly and to the best of their skill and ability sh value of said plant and the appur appraise and ascertain the fair ca tenances thereunto belonging or in any way appertaining to the same, and HE�AS, pursuant to their appointment said Commissioners after experts familiar with the cost of con - fully examining said plant and struction and reproduction cost of such plant, did on the 22nd day of iting, under oath June, 2925 make their report in wr, and file the same with the Clerk of the District Court of the United estates for the Dis- trio of Kansas, wherein they found, ascertained and reported the fair cash value of said plant and the appurtenances thereunto belonging or in any way, appertaining to the same to be the amount of 06050082,002 which said report, no exception having been filed thereto by any of the parties to said cause or proceeding, the filing of such exceptions having been expressly waived by all of such parties was thereupon duly confirmed by said. Court on the 23rd day of June, 1925s, and iHERFS, the Board of Commissioners of the City of Salina desire to submit to the eleeters of the City of Salina in' the manner provided by law the question of taking the property of The Salina Fater works company at the amount to ascertained; NOW THEREFORE, BE IT ORD.LIMED by the Board of Commissioners of the City of Salina, Kansas Section 1+ That a special election be held and the same is hereby called in the City of Salina, Fansas on the 22rA, day of September, 1925, at which election ethere shall be submitted to the electors of the City of Salina the following question;` 'Shall the City of Salina purchase Water works Compare and the appurten*- and take the plant of The Salina y ances thereunto belonging or in any way appertaining to the same for the sum of 0605,082.00, being the amount ascertained and found as the value thereof by the Commissioners duly appointed for such purpose?" That tthe polls shall be opened and such election held at each voting precinct in the City of Salina at the following places, to -wit.- FIRST WARD -- City -Building, southwest corner of `ifth Street and .sh Street; City Building, North East NORTH PRECINCT.. SECOND WARD-40orner of Seventh and Decatur Street*; SOUTH PhECINCT, SECOND W.RD Saline County Court House on gest side of ninth Street between Park and Elm Streets; NORTH PRECINCT, THIRD WkhD -- Lincoln Junior High School Building, 220 South ,Seventh Street,, 434 SpUTN FRECINCT, THIRD WARD City Building,/'u.tnam avenue; FOURTH WARD City Building, 130 South Fifth Street# FIFTH WARD City Building, 2M west Crawford 6venue; and that the hours of voting at such special election shall be from 6;00 O'clock 4, X. to 7:00 o t clock P. M. at the places and on the date above men tion ed* That the m aayo r of the City of Salina shall give due notice of said special election by a proclamation which shall be published by the City, Clerk in the official City paper at least ten days prior to said *9th day of September, 1925 of the holding of said election, the proposi- tion to be voted upon, the location of the voting precincts -within the City and thob hours of opening and Closing of the Polls - That the Mayor and Board .of Commissioners of' the City of Salina, Kansas shall, at least ten days before the date set for the special election above mentioned, designate and appoint three persons to act as judges of election and two persons to act as clerks of election in each voting precinct of said City, such persons to be qualified: electors of the precinct from which they are appointed and in which they are to act. Not more than two of such judges and not more than one of such clerks in each voting precinct shall be from or belong; to the same poli* tical party. Such persons so appointed shall act as judges and clerks of said election in their respective precincts and shall qualify and erforn t-.eir duties ag such judges and clerks and shall canvass and certify the votes on the que$tion so submitted and make due returns and same as now required thereof to the City Clerk of the City of Galina ;in the/manner/provided by law in the case of general city elections so far as such provisions shall be az>pli cablea That the registration books in the office of the City Clerk shall be closed ten days preceding said special election and that prior to the closing of such registration books the office of the City Clerk shall be open continuously for the purpose of permitting the registration of voters from the hour. o f 9:00 o'clock A. W . to 10:00 o'clock F. M. of each day, .except Sundays of all of which the City Clerk shall give due notice by publication in the official City paper within the time provided by law, and no person who shall not be registered on the registration books in tae office of the City Clerk according to law shall vote at such special election. Tftat the City Clerk shall, prior to said election, within the time and in the manner required by law prepare and deliver to -the judges of electioig at each voting precinct the ballots to be used in such speer- ial el-eetion upon which shall be printed across the entire width of said ballot and at the top thereof, in pica type, the following instruct- ions:- "To vote in favor of any question submitted upon this ballot make a cross (X) mark in the square after the word 'Yes'; to vote against it make a similar mark in the square after the word 'Not. Beneath such heading shall be printed in previer lower case type the proposition or question to be voted upon, as hereinabove designated, preceded by the words "Shall the following be adopted?" and opposite to which shall be printed two squares, one above the other, preceding the upper one of which shall be printed the word "Yes" and preceding the lower one of which shall be printed the word "No" which said ballot shall have IJ endorsed and printed thereon such other instructions, endorsements and other matters as may be provided and required by law, including the words aquestion submitted," the designation of the polling place for which the ballot is prepared, the date of the election and the fats - simile signature of the City Clerk. Aiat the Mayor and the City Clerk of said City shall provide and furnish polling places and shall furnish and equip them in the manner required of them by law and the City Clerk and judges and clerks of election of the several voting precincts shall do and perfom all of the things and acts required of them by the laws of the State of Kansas in connection with the conducting and holding of such election, in- cluding the posting of cards of instructions to voters, distributing, receiving, counting and disposing of ballots and performing all other duties required of them by law* her.► the judges and clerks of election for their respeetive pre - tincts shall have completed the canvassing and counting of the votes cast at said special election they shall return and deliver to the City Clerk of the City of Salina all of the ballots received by them at such election, together with the registration and poll books with the proper certificates thereto and their certificate showing the result of said election and the City Clerk shall on the Friday following such special election present the same to the Board of Comw1issioners of the City of Salina who shall meet on said date as a board of canvassers to canvass the vote cast at such election. After making a canvass of the votes so cast they shall certify the result of such eanya#ss5 and which certificate shall be spread upon the minutes of said meeting and shall be a part of the records of the proceedings of the board of i Commissioners of the City of Galina. If at such special election as shown by the certificate of the canvass of the notes cast thereat as herein provided for, a majority of the electors voting at such election upon the question submitted shall elect to take the property of the Salina eater works Company at the amount so ascertained as aforesaid, then the Board of Commissioners of the City of Salina shall in the manner provided by law enact a proper ordinance providing for the issue of bonds according to law to be sold and 'the proceeds thereof ustdfor the purchase of said plant. 4� Section 2* `chis ordinance shall take effect and be in fall force j from and after its publication once in the official city paper# Introduced for. first reading$ August 3rd, 1920. �.' Passed and approved$ August io 1925* payor '�'