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 '�'