Wichita eagle., 1889-05-12


| power and authority to construct flushing
| bitches or conduits, discharglng sewers or
| outlets for sewers, aud connect tie same
with any creek or river at any point
| within five miles of the corporate limits OF
| the city, and for this purpose the right OF
eminent domain is hereby granted to cities
of the first class.
Sec. 2. Whenever the mayor and coun-
| Gil shall determine to lay off and condemn
right of way from its corporate limits to
such point on such creek or river and TO
connect sewers Herewith as aforesaid, the
| mayor and council may, by resolution IN
writing signed by the mayor and clerk and
attested with the seal of said city, appoint
three disinterested householders as ap-
praisers, who, being duly sworn to impair
TALLY discharge their duties, shall give ten
days notice in the official city paper OF the
time and place where they viii convenS TO
discharge their duties as such appraisers.
The city marshall serve notice upon each
known resident owner of land TO be con-
demned, and written or printed notice
for five days prior to such condemnation
shall be posted at the points where the
proposed flushing ditch or conduit, dis
charging sewer or outlet shall begin and
where the same will connect with such
creek or river. Said appraisers shall ap-
paise the damaged which the construction
of such flushing ditch Or conduit, dlscharg-
ing sewer or outlet shall cause any per-
son. and within thirty days from such ap-
pointments shall make duplicate reports
of their appraisement and file one copy
thereof with the city clerk and the other
copy with the city treasurer. Before con-
structing such flushing ditch or conduit
discharging sewer or outlet and connect
ing it with such creek or river, said city
shall deposit with such county treasurer
the amounts so assessed as damages, and
award may appeal in the manner now pro-
vided in case of appeals from condemna-
ton for railroads.
Sec. 3. Any person through whose
lands such flushing ditch or conduit dis
charging sewer or outlet may be construct
ed, or who would be otherwise damaged,
may give his consent thereto in writing.
and such writing with formal acknowl-
edgment may be recorded in the office OF
the register of deeds in the proper county,
and thenceforth the city shall have the
same right to construct and maintain such
flushing ditch or conduit discharging sew
er or outlet as though such lands and right
of way had heen formally condemned. All
costs and expenses occasloned by such
condemnation for and the construction Of
such flushing ditch or corduit, discharplng
sewer or outlet beyond the city limits shall
be assessed against the lots and pieces OF
land in the district or districts for which
the same was constructed. Provided,
That no sewer shall be permitted to empty
into any stream from which water supply
is obtained.
Sec. T. In case any city of the frst-class
has entered into any contract to construct
or has constructed any flushing ditch or
conduit, dlScharging sewer or outlet Tor
any sewer without sufficient authority of
law, the want of such authority shall not
render such contract or construction void.
But the same is hereby legaliZed in all re-
spects and the cost of construc-
ton of such flushing ditch
or conduit, discharging sewer or
outlet beyond the city limits shall be as
sessed against the lots and pieces OF land
in such sewer district or districts the same
as though such flushing ditch or conduct,
discharging sewer or outlet was wholly
within such district or districts, and any
bonds that may have been issued by such
city for the construction of such flushing
ditch or conduct, discharging sewer or
outlet are hereby legalized in all respects.
Sec 5. This act shall take effect and be
in force from and after its publication in
the official state paper.
Approved February 25, 1888.
do do hereby certify that the above and
foregoing is a true and correct copy of
the original enrolled law low on file in
my Office.
In testimony whereof | have hereunto sub
scribed my name and affixed my
[sEAL.l seal Done at Topeka, Kansas,
this 25th day of February, a.
D., 1889. WILLIAM HIGGINS.
Secretary of State.
There was considerable difficulty in get
ting the bill through owing to some To-
peka amendments introduced in the house,
and when the senate voted to concur Col
onel Lewis was present but held in his
hand copy of the original bill and at the
same time testified to our interesting story
in the secretary's office.
The bill was published in the official
state paper soon after it passed and hence
is law today.
Senator Bentley stated yesterday that
the city, under senate bill No. 10, could
very easily get water for flushing the sew
er, 1t would de a short and easy road to
travel He had endeavored to make it a
key to the little river question and had no
reason to suspect a failure.