Agreement AGREEMENT
This agreement made and entered into this 2nd day of January, 1979,
by and between the CITY OF SALINA, KANSAS, a municipal corporation, here-
inafter referred to as the "City" , and the SALINA SILVER SABRES, INC. , a
Kansas non-profit corporation with principal offices at Salina, Saline
County, Kansas, hereinafter referred to as the "Silver Sabres" , WITNESSETH:
WHEREAS, the City of Salina has established a special "band fund"
pursuant to the provisions of K.S.A. 12- 14(a) 01 to 12- 14(a) 06, inclusive;
and
WHEREAS, the Silver Sabres desire to enter into a contract with the
City for the performance of musical service for said city; and,
NOW, THEREFORE, in consideration of the covenants herein contained,
it is mutually agreed by and between the City and the Silver Sabres as
follows :
( I ) . The City agrees to employ the Silver Sabres for the purpose of
giving free concerts and rendering other musical services upon such
occasions of public importance as shall be determined by the City; provided,
however, that such concerts and appearances shall not exceed five (5)
during the term of this contract, which shall be from January I , 1979 until
December 31 , 1979.
(2) . The Silver Sabres agree to provide such free public concerts
or render such other musical services as may be requested by the City
upon occasions of public importance not to exceed five (5) in number
during the term of this agreement, and upon a minimum of forty-five (45)
days advance notice of the date of requested appearance.
(3) . For said musical services the City agrees to pay the Silver
Sabres from the band fund the sum of 'S•fp::;-Thousand Dollars (46,000.00)
during the calendar year 1979.
IN WITNESS WHEREOF, the parties have hereunto subscribed their hands
by their official representatives the day and year first above written.;
CITY OF SALINA
By
Acting Mayor
ATTEST :
City Clerk
•
SI ER •ABRES, INC.
By � Gi/ Ali.e I"
/ Pre den?
AGREEMENT
This Agreement made and entered into this 3rd day of January, 1978,
by and between the CITY OF SALINA, KANSAS, a municipal corporation, here-
inafter referred to as the "City", and the SALINA SILVER SABRES, INC. , a
Kansas non-profit corporation with principal offices-at Salina, Saline
County, Kansas, hereinafter referred to as the "Silver Sabres", WITNESSETH:
WHEREAS, the City of Salina has established a special "band fund"
pursuant to the provisions of K.S.A. 12-14(a) 01 to 12-14(a)06, inclusive;
and,
WHEREAS, the Silver Sabres desire to enter into a contract with the
City for the performance of musical service for said city; and,
NOW, THEREFORE, in consideration of the covenants herein contained,
it is mutually agreed by and between the City and the Silver Sabres as
follows:
(1) . The City agrees to employ the Silver Sabres for the purpose
of giving free concerts and rendering other musical services upon such
occasions of public importance as shall be determined by the City; pro-
vided, however, that such concerts and appearances shall not exceed five
(5) during the term of this contract, which shall be from January 1, 1978;5
until December 31, 1978.
7y
(2) The Silver Sabres agree to provide such free public concerts
or render such other musical services as may be requested by the City
upon occasions of public importance not to exceed five (5) in number during
the term of this agreement, and upon a minimun of forty-five (45) days
advance notice of the date of requested appearance.
(3) For said musical services the City agrees to pay the Silver
Sabres from the band fund the sum of Seventy Five Hundred Dollars ($7;500:00)
during the calendar year 1978. 6. ci1O
77
IN WITNESS WHEREOF, the parties have hereunto subscribed their hands
by their official representatives the day and year first above written.
CITY OF SALINA
i
BY a—. ✓ S . 1. - .e e
Mayor
ATTEST:
City Clerk
SILVER S BRES; INC.
BYL �
Presi. -nt
Box 398 r" ,b
DRUM AND BUGLE CORPS
SALINA,KANSAS 87401
FOLLOW THE SABRES IN ' 77
1977 SCHEDULE
JUNE JULY AUGUST
3,4,5 "Sabre Camp" 1 Contest —St. Paul, Minn., 7:00 p.m. 2 State American Legion Championships
Contest — Great Bend, Kansas, 7:30
7 Dress Rehearsal, Sabre Practice Field, 2 Parade— Hudson, Wisc., 1:00 p.m. p.m.
4 Preliminaries and Finals Contests —
Schilling, 7:30 p.m. 2 Contest — Hudson,Wisc., 6f30 p.m. DCI North Championships, Ypsilani,
Mich.
11 Contest —Canton, III., 7:30 p.m. 3 Parade— East Troy, Wisc., 1:00 p.m. 5 Preliminaries DCI Midwest champion-
ship, Whitewater, Wisc.
12 Parade— Geneseo, III., 3:00 p.m. 3 Contest— East Troy, Wisc., 7:30 p.m. 6 Finals DCI Midwest Championships,
Whitewater, Wisc.
12 Contest—Geneseo, III., 7:00 p.m. 4 Parade — Columbus, Wisc., 11:00 a.m. 10 Pizza Hut Classic Invitational, Wichita,
Kansas, 6:30 p.m.
18 Exhibition — Moore Bowl, Washburn 4 Contest —Columbus, Wisc., 6:30 p.m. 12 7th Annual Salina Invitational, DCI
Contest, 7:30 p.m.
University,Topeka,7:30 p.m.(tentative) 6 DCI Contest, Great Bend, Kansas, 7:30 17 Preliminaries DCI Championships,
Boulder, Colo.
19 Stand Up performance,Optimist races, p.m. 19 Finals DCI Championships, Mile Hi
Stadium, Denver, Colo., 7:00 p.m.
Salina Raceway, 8:00 p.m. 24 Contest —Augusta, Kansas, 7:30 p.m. 20 Preliminaries American Legion National
Championships, Golden, Colorado
24 Contest — Hutchinson, Kansas, 7:30 20 Finals American Legion National
Championships, Mile Hi Stadium,
p.m. Denver, Colorado, 7:00 p.m.
21 American Legion National Convention
25 Contest — Enid, Okla., 7:30 p.m. Parade, Denver, Colorado, 3:00 p.m.
27 Exhibition — Arrowhead Stadium,
Kansas City, Mo., 8:00 p.m.
End of regular season
Write to Business Manager; Box 645, Salina, Kansas 67401
for ticket and other information on any of the Sabres performances.
MAKE PLANS TO ATTEND THE
SALINA INVITATIONAL DRUM & BUGLE CORPS CONTEST •
AUGUST 12 - IN SALINA
FEATURING 2 OF THE TOP 10 DRUM & BUGLE CORPS
IN INTERNATIONAL COMPETITION!
L9 01% attAi
DRUM AND BUGLE CORPS
SALINA, KANSAS 67401
October 14 , 1976
City Commissioners
% City Manager
City-County Building
Salina, Kansas
Dear Sirs :
The Salina Silver Sabres are embarking on a new winter program this
year for the rifle and flag squads. This is called Competitive Color
Guard with the bulk of the competitive activity being in the months of
January, February, and March and the practice for these units starting
in October. This also serves as a winter training program for these
units for the Drum. and Bugle Corps competitive season in the summer.
These competitions are held on basketball floors altho the actual
boundaries used by the guard are somewhat smaller. We are asking for
the use of the basketball floor at Memorial Hall for our practice
throughout the winter for this activity. We anticipate a usuage of
perhaps one afternoon per week from r4 to 6 p.m. and one evening a week
from 7 to 9 p.m. We will be wearing tennis shoes or be in stocking feet
on the basketball floor so as not to risk damage to the surface.
The Sabres greatly appreciate the fine financial and moral support that
the City has shown us and would hope that the use of this facility could
be -an additional measure of support for our program. We hope that this
Color Guard Competition which could range from contests in Kansas and
Colorado to National Competition in Chicago continues to promote good
will for the City of Salina. Also , included in this program will be
an Exhibition Color Guard which will be available for appearances at
basketball games through the State of Kansas.
Therefore , we request the use of the basketball floor at Memorial Hall
between the months of October and April on the above mentioned schedule.
•
Sincerely , /�-
Bill Sieber
Corps Director
BS :am
ADDENDUM
This Addendum, made and entered into this .2 ss& day of October, 1976,
by and between the CITY OF SALINA, KANSAS,- a municipal corporation, hereinafter
referred to as the "City" , and THE SALINA SILVER SABRES, INC. , a Kansas non-
profit corporation, with principal offices at Salina, Saline County, Kansas,
hereinafter referred to as the "Silver Sabres" , WITNESSETH:
WHEREAS, the City and the Silver Sabres did on the 3rd day of November,
1975, enter into an agreement providing for the performance of musical
services for said City by the Silver Sabres; and
WHEREAS, the parties now desire to amend said agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained
the parties hereto mutually agree that the agreement between the parties
hereto dated the 3rd day of November, 1975, be amended in the following
respects:
(1 ) . The following shall be made a part of the said agreement, to wit:
City agrees to allow the Silver Sabres to use the City
premises commonly known as "Memorial Hall " for practice, which
said practice shall be limited to six hours per week during
the months of October 1976 through and including April 1977;
provided, however, that said practice sessions shall be so
scheduled that they will not conflict with other events at
the Memorial Hall and under such terms and conditions as may
be specified by the City Manager.
(2) . That all other terms, conditions and covenants in the original
Agreement between the parties dated the 3rd day of November, 1975, are
hereby ratified and affirmed.
IN WITNESS WHEREOF, the parties have hereunto caused this instrument to
be signed by their proper officers the day and year first above written.
CITY OF SALINA
•pp4112e�y'= Ii/./..L� /Z
:C@ , i Mayor
ATTEST:. - •��
City Clerk
r SILVER SABRES
•
' President
•
•
AGREEMENT.
This Agreement made and entered into this 3co day of November, 1975,
by and between the CITY OF SALINA, KANSAS, a municipal corporation, here-
inafter referred to as the "City", and the SALINA SILVER SABRES, INC. , a
Kansas non-profit corporation with principal offices at Salina, Saline
County, Kansas, hereinafter referred to as the "Silver Sabres", WITNESSETH:
WHEREAS, the City of Salina has .established a special "band fund"
pursuant to the provisions of K.S.A. 12-14(a)01 to 12-14(a)06, inclusive;
and,
WHEREAS, the Silver Sabres desire to enter into a contract with the
City for the performance of musical service for said city; and,
NOW, THEREFORE, in consideration of the covenants herein contained,
it is mutually agreed by and between the City and the Silver Sabres as
follows:
(1) . The City agrees to employ the Silver Sabres for the purpose
of giving free concerts and rendering other musical services upon such
occasions of public importance.as shall be determined by the City; pro-
0i5ed;haaever, .that such concerts and appearances shall not exceed five ,
(5)J during the term of this contract, which shall be from January 1, 1976,
ntil December 31, 1976. '
(2) . The Silver Sabres agree to provide such free public concerts
or render such other musical services as may be requested by the City
upon occasions of public importance not to exceed five (5) in number during
the term of this agreement, and upon a minimum of forty-five (45) days
advance-notice-of the date of requested appearance.
(3) . For said musical services the City agrees to pay the Silver
Sabres from the band fund the sum of Five Thousand Dollars ($5,000) during
,y
the calendar, ear .1976. '
IN WITNESS WHEREOF, the parties have hereunto subscribed their hands
by their official representatives the day and year first above written.
CITY OF SALINA
• Mayor
ATTEST:
City Clerk
SILVER SABRES, INC.
BY -2144
President
AGREEMENT
This Agreement made and entered into this 21st day of
October, 1974 , by and between the CITY OF SALINA, KANSAS, a
municipal corporation, hereinafter referred to as the "City" ,
and the SALINA SILVER SABRES, INC. , a Kansas non-profit cor-
poration with principal offices at Salina, Saline County,
Kansas, hereinafter referred to as the "Silver Sabres" , WITNESSETH:
WHEREAS, the City of Salina, has established a special "band
fund" pursuant to the provisions of K. S.A. 12-14 (a) 01 to 12-14 (a) 06-i, •
inclusive; and,
WHEREAS, the Silver Sabres desire to enter into a contract
with the City for the performance of musical service for said
city; and,
NOW, THEREFORE, in consideration of the covenants herein
contained, it is mutually agreed by and between the City and the
Silver Sabres as follows:
(1) . The City agrees to employ the Silver Sabres for the
purpose of giving free concerts and rendering other musical
services upon such occasions of public importance as shall be
determined by the City; provided, however, that such concerts and
appearances shall not exceed five (5) during the term of this
contract, which shall be from the date hereof until December 31,
1975.
(2) . The Silver Sabres agree to provide such free public
concerts or render such other musical services as may be requested
by the City upon occasions of public importance not to exceed five
(5) in number during the term of this agreement, and upon a minimum
of forty-five (45) days advance notice of the date of requested
appearance.
(3) . For said musical services the City agrees to pay the
Silver Sabres from the band fund the sum of $2 , 500 during the
calendar year 1974 and the sum of $5, 000 during the calendar
year 1975.
IN WITNESS WHEREOF, the parties have hereunto subscribed
their hands by their official representatives the day and year
first above written.
CITY OF SALINA
if
By
Mayor
ATTEST:
City Clerk
SILVER SABRES, INC.
By A6-1/ jkAi t—
President
ATTEST:
Secretary
!OPM5 WPW,t :;WAWARV.n2fl,.;F :.., i-i , F..., ..) .,,,• .,
f. ,., . .
tt
AGREEMENT . r
....,. f
. . , .
. .tr' - • ' - •
V:,•;-: ' , - ..
- - - •
. . ..,
This-Agreement made and entered'into- this' '21st day of
,
.“.... - - October, 1974 , /by and ,between. the, CITYOF „SALINA, KANSAS, a ,.... ., . .. .. . „ .;
. .."
municipal corpOrationr *reinafter rekeired. to as the "City" ,
,. .
and the SALINA SILVERSABRES, INC. Ya keri4as non-pr6fit cor-
poration - ' -
with principal offices at Sauna, Saline County, .,
:::' .- • • : Kansas, hereinafter referred to as the "Silver Sabres" , WITNESSETH:
: T• f,,'
. - . .
. .
. " • WHEREAS, the City of Salina, has established a special- "band
fund" pursuant to the provisions of K.S.A, .12-14 (a) 01 to 12-14 (a)061 • .;
-.'i,■. Inclusive; and,
... „,. .
• A,
WHEREAS, the Silver Sabres desire to enter into a contract : •
: •
with the City for .the performance of musical service fot said ; r
city; and,
. • ' '
• NOW, THEREFORE, in consideration of the covenants herein
.
contained, it is mutually agreed by and between the City and the .. 1
., •
Silver Sabres es folloWs:
..., (1) . The City agrees to employ the Silver Sabres for the .'
purpose of giving free concerts, and rendering other musical
H services upon such occasions of public importance as - shall be
. . -determined by the City; provided( however, tthat. such concert‘sland
appearances shall not -exceed five (5) - dufing the term of this
contract' which shall be from the date hereof until December: 31,
1975.
'4• ". •
(2) . The; Silver Sabres agree to provide such free public t ,
concerts or render such other musical seryiCes -es :may be requested
by the City upon occasions of public importance not to exceed flye -
]• - :- (5) in number during the term Of this agreeMent, and upon a minimum
of forty-five (45) days advance notice of the date of requested
• . appearance. . . -
.
.
- -
(3) . Fof-said musical services the City agrees to pay the ' t
Silver Sabres from the. band fund the .sum of $2 , 500 during the
. ,
calendar year 1974 and the sum of $5, 000 during the calendar:
. 4,
year 1975.
.
• . ..
• IN WITNESS WHEREOF, the parties have hereunto subscribed
. .
their hands by their official representatives the day and yeak .
first above written.
. .
, .
. .
CITY OF SALINA . '
......
. - .
,
.
.
.
r 1 /
By _ 1
. ' Mayor
• .
. .
- . .
ATTEST:. - • -
•
. .
r ..
______
. . ..
City Clerk
....,,. .
. . .• , .
4 , ,
SILVER SABRES, INC. .
.
. .
• • : , . .
. : . .
. 4
.
. A
. ' President
. .
. . ,
_ . .
..
• ATTEST: , .
. _
. i
1: :• :' . - ,;1-,;2 EALeiti4 - H , .
. . . . 1
Secretary .
CHARTER ORDINANCE NUMBER - - .8
A/
(First Published in The Salina Journal • ///4>l 2-1 f-( y , 1973
A CHARTER ORDINANCE EXEMPTING THE CITY OF' SALINA, KANSAS, FROM THE PROVISIONS OF
; K.S.A. 12-14a05, WHICH DEFINES A BAND FOR THE PURPOSES OF USE OF BAND FUNDS AND PROVIDING
' SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.
BE';IT ORDAINED by the Governing Body of the .City of Salina, Kansas:
I'. Section 1. That the City of Salina, Kansas, a City of the First Class by the
powers vested in it by Article 12, Chapter 5 of the Constitution of the State of Kansas, •
hereby elects to and does exempt itself from and makes inapplicable to it the provisions
of -K.S.A. 12-14a05 and provides substitute and additional provisions on the same subject
as follows, to wit:
"12=14a05. Definition of Band.
That the meaning of the word 'Band' as used in this act
shall be any musical group which in the opinion of the Governing
Body of the City of Salina is capable of presenting worthwhile
and entertaining band concerts or musical services."
Section 2. This- ordinance shall be published once a week for two consecutive
t weeks in the Salina Journal, the official city newspaper.
Section 3. This is a Charter Ordinance and shall take effect sixty-one (61) days
after final publication unless a sufficient petition is filed and a referendum held on the
: ordinance as provided in Article 12, Section 5,' Subdivision (c) of the Constitution of
? Kansas, in which case the ordinance shall become effective if approved by a majority of
-
! the electors voting thereon.
Adopted by the Governing Body by not less than two-thirds of the members.elect
voting in favor thereof and approved by the Mayor this 29 h day of October, 1973.
< z h rb,_,-y ,�, lv�
Jack Weisger er, Mayor
(SEAL)
Attest: •
Or — 2- 7 y
D. L. Harrison, City Clerk
!'Streets, and recommends approval of these petitions under the following conditions:
1 . The east-west alley in Lot 181 on Seventh Street be vacated .
and returned to the property owner. .
2. The south eighty feet (80' ) of the north-south alley between
Lots 177, 179, and 181 on Seventh Street and Lots 178, 180,
and 182 on Santa. Fe Avenue be Vacated for alley purposes, but
retained by the City 'as a utility easement.
3. The masonic organization dedicates to the City an east-west
alley through Lots 177 on Seventh Street and 178 on Santa Fe
Avenue
A motion was made by Commissioner Losik, seconded by Commissioner Caldwell to
:accept the recommendation of the City Engineer and approve the vacation of the alleys
according to his recommendation, and to introduce the vacating ordinances for first reading.
Ayes: (4) . Nays: (0) . Motion carried.
Ord-finance Passed: Number: .
Ordinance Passed: Number:
A MOTION was made by Commissioner Losik, seconded by Commissioner Usher to include
a request of the Planters State Bank on the agenda. Ayes: (4) . Nays: (0) . Motion carried.
Mr. Meyer, Mr. Harris, Mr. Boyer approached the bench to discuss drawings of the.
Planters State Bank detached facility. After a lengthy discussion; .Commissioner Losik moved
to allow the 38 foot driveway off Buckeye Avenue. The motion was seconded by Commissioner
Usher. Ayes: (4) . Nays: (0) . Motion carried.
COMMISSION AGENDA . - /g) -- / S - 73
"DISCUSSION OF THE PROPOSAL OF ADOPTING A CHARTER ORDINANCE TO ALLOW THE CITY TO
SUPPORT, FINANCIALLY, THE SILVER SABRES." (Sponsored by Commissioner Usher)
Commissioner Usher said, "The Silver Sabres came to us some time ago and asked
for assistance and we had the City Attorney look into it and it was his opinion that we
could not legally financially support the SiIver Sabres, but there seemed to be a strong
feeling that if there was some possible way we could work it out, the community and some
of the Commissioners would like to support it. . Larry then drafted an ordinance which would
allow us to do this. It is a charter ordinance and it allows us to change the definition
of band to read, 'That the meaning of the word 'band' as used in this act shall be any
musical group which, in the opinion of the Governing Body of the City of Salina, is capable
of presenting worthwhile and entertaining band concerts or musical services. ' This is the'
way Hutchinson is able to financially support their drum and bugle corps. The method we
might be able to use, if this ordinance is passed, to finance the Silver Sabres would be
through cOnti.nnerrLpq in 1914 and then in 1975, if it would be the wishes of the. Commission,
it could then be put in the budget." -
Commissioner Usher moved to place the Charter Ordinance on first reading.
Commissioner Losik seconded the motion. Ayes: (4) . Nays: (0) . Motion carried.
Charter Ordinance Passed: / 0 --Ai 9- 73 Number: 6
COMMISSIONER LOSIK moved to add an item to the agenda, to discuss waiving landfill
fees temporarily. Commissioner Usher seconded the motion. Ayes: (4) . Nays: (0) . Motion
carried.
Commissioner Losik suggested the City Commission consider waiving the fee for the
next week or ten days for the use of the landfill so people with damaged property from the
recent flood water could take their trash to the landfill so it would take the load off our
city crews. .
Mr. Harris said the new landfill opened this morning at 7 o'clock on a fee basis,
and everyone who has used it today has paid the fee. He asked if they planned to do this
everytime we have a storm?"
7-7.7- 7.
IlF -' Co)L = =
rte: l
'l heta �_
/lwtt/t,:i d uetlt L _ .:. e�hetutst and?!lest
IY... ''_ L.- : RON BARTA
LO. BENGTSON ___ __ _ ASST. CITY ATTORNEY
CITY ATTORNEY - _._...
AREA CODE 913 823-2244 CITY -COUNIY BUILDING AREA CODE 013 925-5413
300 WEST ASH STREET
P.O. BOX 949
SALINA, KANSAS 67401 -
August 22, 1973
The Honorable Board of City Commissioners
City-County Building
Salina, Kansas 67401
Dear Commissioners:
As indicated to you in my letter of August 3, 1973, I am of the opinion
that the only way that public funds could be used to support the Silver
Sabres would be through the use of the money levied under the provisions
of Article 14a of Chapter 12 of the Kansas Statutes Annotated. As K.S.A.
12-14a05 defines the meaning of the word band as a "band composed of such
musical instruments as is recognized in the standard instrumentation estab-
lished
for use of the U. S. Army Band", I would suggest that the City
• ''adopt a Charter Ordinance changing the definition of the word band so
that there could be no question as to the qualification of the Silver Sabres
for this purpose. Attached hereto is a proposed Charter Ordinance which
you could use if you desire, which would change the definition of the word
band for the purpose of the above mentioned Article.
After the effective date of the Charter Ordinance.the City could
then enter into a contract with the Silver Sabres to perform musical
services for and on behalf of the City.
• Very truly yours,
Ci 47 a„,
L. O. Bengtson' -
City Attorney
LOB/ds -
Enclosure
•
1.1I P.III1.I4 KAN'I Av. I I At I LIIINIIII AI 1111". - YIN I'1lIIIA1. 1 1 AI{III 11 I I II .
7—er -77
/, irGie . r 01 - In a.
'fir -Y i z: -
? hete/rt !a, d,ot/ - K t& stand Vet c
- bais,LO. BENGTSON I. n. � RON BARTA
CITY ATTORNEY • ASST.CITY ATTORNEY
AREA CODE 913 623-3244 CITY-COUNTY BUILDING • - AREA CODE 913 035-541
, 300 WEST ASH STREET •
P.O. SOX 746
SALINA. KANSAS 67401 •
•
August 3, 1973
The Honorable Board of City Commissioners
City-County Building
Salina, Kansas 67401 • ' •
Dear Commissioners: -
In regards to the request. of the Silver Sabres for finanical support
fran the City of Salina, Kansas, I wish to submit the following:
The general rule in regards to the expenditure of public funds is set
forth in-McQuillin, Municipal Corporation, Section '33.19, portions which. '
are as follows:
All appropriations or expenditures of public honey by mu-
nicipalities and indebtedness created by them, must be for a .
public and corporate purpose, as distinguished from a private
purpose, at least, unless the powers of the particular munici-.
• panty in regard thereto have been enlarged by the legislature,
. which is itself limited in its power to authorize expenditures
or indebtedness for other than public purposes. .
' A fortiori, a municipality has no .power, unless expressly con- .
ferred by a constitutional provision; charter or'statute, to donate
municipal Honeys for private uses to any individual or company,
not under the control of the city and having no connection with
it, although a donation may be based -upon a-consideration. .
Fbthermure, the fact that a municipality is expressly au-
thorized to expend a certain sum without specification as to . •
the purpose of the expenditure does not authorize it to expend
funds for other than a public purpose. However, if the pri-
mazy object is to subserve a public municipal purpose, it is
immaterial that, incidentally; private ends may be advanced.
Moreover, the public purposes for which cities may incur lia-
bilities are not restricted to those for which precedent can be •
found, but the test is whether the work is required for the
, general good of .all the inhabitants of the city. But it is not '
essential that the entire community, or even -a considerable por-
tion of it, should directly enjoy or participate in an-improve-
rent in order to make it a public one. Otherwise- stated, the •
test of a public purpose should be whether the expenditure con- '
. fers a direct benefit of reasonably general character to a 1
i
MEMBER , KANSAS-LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CIIILS i
1111
1
1
. . .
•
significant part of the public, as distinguished from a remote
or theoretical benefit: .-
[hat is a public municipal purpose is not susceptible of pre-
cise definition, since it changes to.meet new developments and .
conditions of times. While the question of what is and what is
not a public purpose .is initially a legislative responsibility
to determine, in its final analysis, it is for the courts to .. -
answer. Each case must be decided with.reference to the object .
• sought to be accomplished and to the degree and manner in which
• • - that object affects the public welfare. . . .
•
As indicated above, public money cannot be.expended for other than public
purposes. I.am of the opinion that the financing of a trip for the Silver
Sabres would be for a private purpose. As City Attorney I can only express
an opinion; the final decision must be made by the Board of Commissioners.
Article 14a of Chapter 12 of the Kansas Statutes Annotated authorizes
the City to levy a tax for use in creating a band fund.• The money received
from this levy •can be used for the employment of a band in giving the free
band concerts or rendering musical services on other public occasions. K.S.A.
12-14a05 defines the meaning of the word "band" to be a "band composed of
such musical instruments as are recognized in the standard instrumentation
established for the use of U. S. Army band". I assume that the instruments
which are used by the Silver Sabres are recognized for use in a U. S. Army
• band. If the Silver Sabres would qualify then the City could in the future
enter into an agreement with than for performance of certain musical functions
and that a portion of the band levy could be used for this purpose.
• I trust':that'I have answered your inquiry in regards to the above
matter. •
•
very truly yours,
• L. 0. Bengtson
City Attorney
IOB/ds . •
•
•
•
•
•
•
•
f .i ) - -
Q,C24.404) .1973
' - . •Commissioner Losik commented, "I've basically something along the same lines.
• Each year the City Commission holds a public hearing on the proposed budget, and each year
I a-few- concerned citizens attend to either approve or voice their o•jections, but the end •
• result is always the same. The budget is not cut and we continue .pending more than the
previous year. This year we are pleased that there will be a re.- ction in-taxes, but no
. credit Is due this Commission or the staff for this reduction i • taxes. This year we are
budgeting almost a million dollars over last. year's budget.- is hard for me to believe
• that this can all be charged to inflation. I have tried to ,.nvince my colleagues to
- reduce spendin' , but two years of trying ha ve'failed. It 11 be-up to the people, up to
the people of is community to'demand a reduction in sp- ding, if this is their desire.
I therefore rel ctantly approve this budget,knowing tha real reduction in taxes, real
reduction in taxes can only come from true reduction spending."
Mayor W:Isgerber asked for any other co r-nts. - •
•
-
Commissio -r Usher said, "I would li - to thank the staff for the work that they
have spent in presen- ng this budget the way •- ey have. I have had an opportunity to see
a lot of budgets, but have never seen one .uite so well prepared as this one, and I am •
sure they were diligent 'n watching the ex.-nses and I think the main reason we have a higher
•
budget that we are about eady to vote o comes primarily from the fact that we are going
to expend a sizeable amoun of money fro. our water plant, which is a necessity, we have no .
choice." - -
Bill Scholl asked t. c. ;nt, but was informed audience comments must come
before the motion is made.' -
Mayor Weisgerber call . for a vote on the motion to accept the 1974 Budget, and
- to introduce the tax levy ord' enc. ".for first reading. Ayes: (5). Nays: (0). Motion
carried.
- Ordinance Passe.. Number:
Commissioner roper asked abou the appropriate time to discuss the several items
to be reviewed before e 1974 budget is .i-..lemented, such as cemetery rates, the retirement
- program, building re al fees, licenses, fe, and permits, and weed mowing.fees.
After a engthy discussion, the Comm sion and staff determined each item would •
require precise . tion by the Commission and sh. Id be brought up as the information on
each item is co .iled. - -
Co pissloner Cooper asked to add to the li t, the registration of bicycles, and
the discussion of the City Commissioners salaries. T' s was agreed.
'N ORDINANCE was introduced for second reading -ntitled: "AN ORDINANCE providing
- : for the •enstruction of certain sidewalks, for the paymen .f the cost thereof, and how the
• ' same sh.11 be assessed and the manner of the payment theref. ." (sidewalks on East Cloud
Street and Lewis Street) A motion was made by Commissioner L. 'k, seconded by Commissioner
Usher to adopt the ordinance as read and the following vote-was had: Ayes: Caldwell,
Coo.-r, Losik, Usher, Weisgerber (5).- Nays: (0). Carried. The Mayor approved the
or. nance and it is numbered 8794, The ordinance was introduced for first reading July 30,
19 3.
THE CITY ATTORNEY reported on a request for the payment of $1,500 to the Silver
Sabres that: "The general rule in regards to the expenditure of public funds- is set forth
InMcQuillin, Municipal Corporation, Section 33.19:...
i- "Public money cannot be expended for other than public purposes. I am of the
opinion that the financing of a trip for the Silver Sabres would be for a private purpose.
As City Attorney I can only express an opinion; the final decision must be made by the
Board of Commissioners. -
"Article 14a of Chapter 12 of the Kansas Statutes Annotated authorizes the City
. to levy a tax for use in creating a band fund. The money received from this Levy can be
used for the employment of a band in giving the free band concerts or rendering musical
services on other public occasions. K.S.A. 12-14a05 defines the meaning of the word "band"
to be a "band composed of such musical instruments as are recognized in the standard
. • instrumentation established for the use of U. S. Army band". I assume that the instruments
which are used by the Silver Sabres are recognized for use in a U. S. Army band. If the
Silver Sabres would qualify then the City could in the future enter into an agreement with
them for performance of certain musical functions and that a portion of the band levy could
- be used for this purpose." ,
•
--I .
Commissioner Usher commented that when he talked with Mrs. Frick, he told her he
• felt this, request would be a legitimate item under RevenueSharing, providing the City could V
I enter Into a contract with them, on the same basis the city contracted with the Day Care
it
• Center and -the Passport for Adventure program. "I think this would be legitimate and
I would be in favor of it, and we could at least do this somewhat immediately; then next
year if it would be the Commission's feeling, we could probably look at entering into a
contract like Larry suggested underr the band levy-we are allowed to make." . .
After a favorable discussion of the matter, Mayor Weisgerber asked what action •
the Commission should take. . .
The City Attorney replied, "I get the concensus .of opinion from the Commission
that they would like to help the Silver Sabres with approximately $1,500 if it -is possible
" to do, whether from Revenue Sharing or through a contractual levy through the band. If
you would let us do a little more research and come back to you with several possibilities,-"
• I think right at this point let us look into the possibility of Revenue Sharing. We know
we have much more latitude with Revenue Sharing funds than we do with tax dollars and I ,
• would assume this is probably the place if it is going to be made in 1973 that it should come
•
from there, then if you wish to do something for 1974, then we could, by contractual
I .
arrangements through the band fund levy; do this. This would be my off hand opinion at
this point."
• A motion was made by Commissioner Usher, seconded by Commissioner Losik to request
the staff to prepare different methods that the Commission could legally finance the .
$1,500 for the Silver Sabres. - Ayes: (5). Nays: (0). Motion carried. .
HE CITY ENGINEER reported on the landscaping, sidewalk and parking i ' rovements
around the Community Theatre building.
The ity Engineer and City Manager approached the Commission ben and discussed
the improvemen outlined on the-map.
• After c• si derable discussion, a motion was made by •Commissi-.ner Usher, seconded
by Commissioner Los'k to authorize the City Engineer to contract wit• the contractor who
has a current paving contract with the City to proceed with the dr' eway portion of thei
improvements, if he c- have it completed by October 1st, (The .•rtion marked in red on
the map) and to immediately prepare the other improvements for • bid letting.
• Commissioner L•-ik suggested the improvements be -de out of Revenue.Sharing
ti - funds until they figure ou another way of funding. _
• The City Manager • mented the recommendation of the- staff would be that the
improvements be made under K.' .A. 12-6a, the special . sessment bond route, as other street
improvements are made, with 1011•' of the cost special y assessed back against the City as
the property owner.
Mayor Weisgerber called •r a vote on he motion. Ayes: (5). 'Nays: (0).
Motion carried. . . .
•
A MOTION was made by Commissioner sher, seconded by Commissioner Caldwell to
' set the date of August 20, 1973 to recei . bids for the installation of a 12 inch water
main on Wayne Avenue, from Fourth Street ' Quincy Street, and to instruct the-City Clerk
to publish the notice to contractors. yes (5). 'Nays: (0). Motion carried. .
i A MOTION was made by Commissioner Ca *well , seconded by Commissioner Losik to .
introduce an ordinance for first r.-ding levyin. special assessments against certain lots
and pieces of property to pay the cost of cutting eeds on certain lots and parts of lots
- . and the parkways abutting there•" in the City of Sa ina, Kansas. Ayes: (5). Nays: (0).
Motion carried.
I
Ordinance Passed: Number: -
i A LETTER was re•-ived from the Citizens' Advisory .mmittee for Community
Improvement recommending hat the City Commission amend the imum Housing Code as proposed
by the Committee and in accordance with HUD's letter of July 1 1973. .. - .
• ' Commission= Losik read a prepared statement: "First of '. I , I don't want to leave
i any doubt in anyone' mind, I am in favor of Minimum Housing Codes, a ways have been,
. always will be; bu ' I think before this Commission takes any action, I- ould like to point " ,
- out a few paral le s so that we can consistently come up and make an appl ation here. The
first parallel i- that we have been petitioned by over 2,000 people to ei '•er repeal or
place the Mini •m Housing Code to avote of the people.' Now this Commissio on a split
•
•
City of Salina, Kansas -
Regnlar-Meating�o£—[hBoard of Commissioners
i July 30, 1973 .
i The Regular Meeting of the Board of omm s n-the Commissioners' Room, '
. City-County Building, on Monday, July 30, 1973, at four o'clock p.m.
The Mayor asked everyone to stand for the pledge of allegiance to the flag and
. a moment of silent prayer. .
-
There were present: - - ,
Mayor•Jack Weisgerber, Chairman presiding .
Commissioner Robert C. Caldwell - ..
Commissioner Norma G. Cooper . .
Commissioner Mike Losik, Jr.
- comprising a quorum of the Board, also: - -
i
.. L. 0. Bengtson, City Attorney
. Norris D. Olson, City Manager -
,_ D. L. Harrison, City Clerk
Absent:
Commissioner William Usher
•
The Minutes of the Regular Meeting of July 23, 1973 were approved as mailed.
THE MAYOR PROCLAIMED - Thursday, August.2, 1973 - "NAVY MOTHERS' DAY IN SALINA,
•. KANSAS". The proclamation was read by Mrs. Earl Wicks,.Commander of Navy Mothers Club #145.
STAFF AGENDA. , , .
A RESOLUTION was introduced and passed entitled: "A RESOLUTION approving an
agreement between the City of Salina, Kansas, and the United States Government relating to
Fire Protection for the Schilling Manor Sub-post." The City Manager explained that the
format is the same as was developed in 1966 when the first contract was issued. He said •
- . the amount of the contract for this year is $55,200.00. A motion was made by Commissioner
.Losik, seconded by Commissioner Caldwell to adopt the Resolution as read and,the following
vote was had: Ayes: Caldwell, Cooper, Losik, Weisgerber (4). Nays: (0). Motion carried.
The Mayor approved the Resolution and it is numbered 3154.
A MOTION was made by Commissioner Losik, seconded by Commissioner Caldwell, to -
introduce an ordinance for first reading providing for the construction of certain sidewalks,
. for the payment of the cost thereof, and how the same shall be assessed and the manner of
the payment therefor. (Sidewalks on East Cloud Street and Lewis Street) Ayes: (4). Nays:
(0). Motion carried.
. . - - -
Ordinance Passed: Number:
CITY ENGINEER reported on Petition Number.3339- for a street light located on
Berkshire Street north of the Foursquare Gospel Church. The petition was filed by Rev.
John Hedlund. A motion was made by.Commissioner Caldwell, seconded by Commissioner Cooper
“ to accept the City Engineer's recommendation to deny the petition because we do not install
. street lights in order to illuminate private parking lots. Ayes: (4). Nays: (0). Motion
carried.
. COMMISSION AGENDA
None
PUBLIC AGENDA.
None
MISCELLANEOUS AGENDA
A MOTION was made by Commissioner Losik, seconded by Commissioner Caldwell to ,-
allow discussion on the request of the Silver Sabres. Ayes: (4). Nays: (0). Motion
. carried. .
. Mr. Bill Scott explained, "The Silver Sabres have been in existence as a
competitive corps for about 7 or 8 years. In the first two years of our existence we did
• come up with the funds to transport our corpsto a national contest, merely as an ,
educational thing in order to show the cor{smembers what it was we were striving for; to
show them the top corps of the nation. We have been successful in recent years in attracting
' some of those'corps into Salina and in competing against them in other'contests so we don't ' - -
.
. have this as a-policy"now: And some years ago, four or five years ago, we set a policy
•
' . • that we would not go to another national contest until-such time as we felt the Silver
Sabres were ready to compete and make some kind of a shoving... Not eying for the national
- championship but something that would add some prestige to the corps and made our recruiting
easier and 'build our name, which is something that has to be done in order for us to score .
. • '.. higher, for some reason. This year we feel like we have that opportunity; the•Corps last • -
. Saturday night, scored exactly 7 points more than they scored-one year ago. We feel with
. • continued improvements that we have the possibility of a score above 70 points by August 18th
which is the date of-the finals of the Drum Corps International Contest in Whitewater,
• Wisconsin. This is the contest with the most prestige in the nation now.. There will be
some 70 drum corps in it and it will take three days to•complete, with preliminaries over •
t about 211 days and finals on Friday the 18th.• The Silver Sabres are planning to make this
• . trip; we feel that with a score of 71 to 72; we think is realistic, that we should be able ' .
to place within the top 20 to 25 drum corps in the nation. And for the number of drum corps
- in the nation this is not bad. We would like to be labeled among the judges and among .,
• drum corps knowledgeable people around the country as a 'comer';`a drum corps that within .
a year is going to be bidding for that coveted top 12 in the nation; which the Great Bend' " ,
Argonne Rebels have been part.of, the Casper Troopers which we had in Salina this year have
been part of; and the Anaheim Kingsmen have been part of. We're planning a one week trip
• which will involve an encampment for training purposes as preparation fop the contest and then - ,
' the contest itself. The entire trip will"have us leaving Sunday,;August 12th and returning
• .on Saturday, August 18th. The entire trip will cost a total of about $6,000.00. We would
:. ' - like to'approach the City Commission with the proposition of`an appropriation of $1,500.00 .
. " of this amount or whatever amount you can see clear We feel like the City Commission
could properly be concerned with this from two standpoints. `One is, -if you can call it a
. recreational factor, we do have 89 young people in our organization marching in the
- - competitive unit, who are between the ages of 12 and 21. Additionally_we have probably 20 ' "
• . to 25 adult- leaders who are on something more than apart time -basis. •None of these are • -
paid The other factor that we feel• the Commission might be concerned with would be the •
standpoint of publicity for Salina. And we feellike.there are very few organizations in .
' town that spread the name widely as the Silver Sabres do or with as good as taste, if I '
can term it that way. I'd be happy to answer any of the Commission's.questions but this is . '
the basis for our request, to help us offset the expenses of:this trip to the Drum Corps
International Contest." - - - " —'
Mayor Weisgerber asked, "How are other drum corps-around the country financially
' , supported, do many cities with tax monies do this sort of thing?" .
• Mi, Scott answered, "I know of two in this area that we compete against regularly, •
.: one is the-Enid, Oklahoma Corps which is supported by the City of Enid and they have another
cosponsor. The-other that I am aware of is Hutchinson which I-understand, an ordinance was
. passed in Hutchinson, this is information given to me, which"created a mill levy to support
such organizations as the Skyrider's Drum and Bugle Corps plus other.similar organizations.
• • It was a cultural type thing, and I'm not sure of the exact details of it-but I was told '
• - • this was passed by Hutchinson City Commission." .
• - Mayor Weisgerber asked, "Where does Great Bend get their support, do you know?" - "
• Mr. Scott answered, ""From anywhere they can, I would-imagine. They have lost the - "
• support of the American Legion Post there which used to give them quite a bit. Due to the
fact that we don't have bingo now, the American Legion Post is unable to support them like
they use to. They're having their financial problems this year.. They canceled a trip to
- California-last weekend because didn't have the money to go, but we also know that they
weren't ready to go. We're talking in terms of $40,000, this year $41,500,' to support our ..
entire year; Great Bend talks in terms of $95,000 to support their program. This is the.
neighborhood you're in when you become nationally competitive because their scheduled plans
. .- for this year called for them to be out of state a total of-5 weeks out of the summer. And . .,
they're marching a 130 people, that's a little over 3 bus loads of people and it costs money "
- to be on the road for that period of time. They are competing against the Anaheim Kingsman •
• . who have an annual budget of $150,000 a year and they are fortunate to have two sponsors;one which is Disneyland and the other-one is the Los Angeles Dodgers. Our largest
. . . contributor is the Downtown Optimists Club which was the founder of the Corps. And they •-
have annually budgeted amounts above and below $4,000 for our activity, which is about 10%
of it. The rest of it we raise in many ways; work projects, contest, corps dues, etc." " '
Mrs. Frick stated, "I'd just like to say, this is.a good bunch of kids. They work
so hard and practice so much they don't have much time to get into trouble. If the trouble
•
children can be helped; the ones that stay out of trouble should be helped also." '
. Commissioner Losik commented,."I think here in the past we've had some discussion
regarding the Silver Sabres and whether the Cityshould or shouldn't enter into a contract with them to perform and do some of these things. To be sponsored in part by the City, I. '
- still feel is a very good idea. Yes, we are helping the youngsters that are in trouble, why
not help the ones that aren't in trouble yet. My feeling would be that I would-ask the •
City to contribute on a one time basis a minimum $2,500 toward this particular project and " .
' I would like to see if we could discuss further if we could enter into some sort of a •
- contract to maintain this,kind of support." "
•
•
Mayor Weisgerber said, "'Probably if we do anything today what we ought.to do is
either say yes or no on this'particular trip they had in mind and then give the other some •
• ,thought and work on it a little bit."
' . Commissioner Caldwell stated„"If we have the money available and we can
• • i contribute to it, .I'd love to do it.". _ - - • ..
• 'Mayor Weisgerber asked, "If we do, the funds could be taken out of Contingencies .
• . . � • ! with no problem legally, but- if we're thinking about Revenue Sharing, are we in a gray area?•
• • - The only thing that would come close would be the 'recreational part. When I think of the
' recreation part of Revenue Sharing, I visualize things like ball parks or facilities for the •
' entire population to use. Do we know enough about Revenue Sharing and its interpretation
: to be sure of our ground? Would it be better to.use Contingencies, provided we do?" '
• Mr. Olson answered, "I don't believe the Revenue Sharing Bill defined recreation
in any given context. I think it's an umbrella type of interpretation that was given in the
- ; seven categories for which Revenue'Sharing money•could be used. I .think historically the .
federal government has looked.to public participation type recreation programs; such as .
I parks, picnic facilities, these type of things, in comparison to spectator oriented type-of •
-. activities. But I don't believe the bill specifies one or-the other or any category therein.-
. : It is the only area of the seven that would relate." - ,
Commissioner Losik asked, "What about Contingencies?" .
1 .
. i Mr. Olson answered, "I think for-the first go around I would probably encourage
1 you, .if you are looking favorably upon the request, .to go the Contingencies route. You are
.
• i. aware there is a $20,000 appropriation and we are 6 months through 1973, it would appear that
it would be available in that fund." . .
Commissioner Cooper commented, "I know that the Silver-Sabres are hard working, .
• ' group of young people' and I know that they are a great drum corps. But aside from that I'm
• , really not very acquainted with them. What are the requirements for being a member of the
• j Sabres?"
i • ' . Mr, Scott replied, "As minimal as we'can make them. Mrs. Cooper, if anybody is
• ; -interested we have three basic areas; bugling, druming and color. guard,.which we have held
- • ! as a girl's activity up to this point. If they are,.interested.in any of these areas, we . .
will try to give them the instruction that'we are capable of doing in order to qualify them
to march in the line. Some people, I had a son that didn't play a brass.instrument or the
. drums so they took him into the corps and made a-cymbal player-out of him. The other .
requirements of corps members is that each member is required to pay $40.00 per year for dues
and provide his own footwear. Now if this would work a hardship on someone we have various
' : individuals that provide scholarships to underwrite this cost. This year we have five of
• I our 89 whose dues are paid by another person. We don't want to hold anybody out because '
i they are not financially able to. On the trips they-do buy some-of their meals but where
I this works a hardship we have ways to offset it. So we try.to make it open to anybody that
• wants to be-a Silver Sabre bad enough to do.the work.". . - - -
i • Mayor Weisgerber asked, "You say bad enough to.do the work, how many hours do
1 these kids put in a week?" - - - . .- . - -
' Mr. Scott replied, "Our practice sessions this summer have been running on a
Monday through Thursday basis, 6:30 p.m. till dark. .We've done very little practice on
weekends because we.compete on Friday and Saturdays.. Sundays we.take off and then hit it
. . - again on Monday. The-only other thing I'd like to say is that the amount of money we spend
i- each year.could go to alot of other things and benefit alot of people. My only reason -
' i 1 for being involved and the only reason that I can justify the type of expenses that we have
'• is that here is an organization that demands excellence of young-people. And I think we -
don't have enough of these organizations, I don't think we can have enough. , We're trying
to teach them leadership along with self-discipline. They strive for perfection.because • -.
anything the judge finds short of perfection is,a mistake." •
Commissioner Cooper commented, "I think you have an excellent-program in the
. I - ! Silver Sabres organization. I don't believe that the Commission could consider any kind
.1 of participation as far as funding is concerned under-a recreational qualification. I hold
I the idea that recreation funding for the community is something that would be confined to
• - 1 the corporate limits. I could visualize if we went. into the area of doing something like -
this on a recreational basis for the corpswe might end up doing similar things for other
i programs with excellent young people in them. I think it-would be better labeled a -
' promotional type of funding rather than-a recreational type of funding. I think this would
1, be, if you're .going to use public funds for the corps, the way to justify it.' This way
- you would be promoting and advertising the community. We,do this all the time in many areas
! with tax dollars. We also support,• as you very well know, a-Municipal Band-with tax dollars.
so I don't:feel that we would be making any big mistake in the funding to assist the corps, .
because they are certainly-assisting themselves. You have requested $1,500 for a trip that
• i is going to cost $6,000, you:obviously have the remaining funds to do this. The City. -•
� . •
I ,
;•Manager has told us that this'money would be available in Contingencies but I wonder if .;.�
rather than take it-out of Contingencies we couldn't take it out of the City Commission:'
account. .We're talking about funds to promote the community and I believe in the 1973 _1
budget there is money'in the Commission account for commissioners to make out-of-state . •
trips that I-think-you would probably get more.return for your dollar by helping the Silver .
Sabres go to competition then you would to try and justify the rewards on the part of the
- -Commission. So I'd like for the City Commission to give some thought,if this program is
• funded that we fund it out of the City Commission account."
. City Attorney commented,, "I'm sorry that I haven't really done any research on -
. this. I'm sitting here having problems in my own mind if we can or cannot legally spend _
tax dollars for this: type of a project. -1 wouldn't want .to say at this point that you can
not or would I say, yes you can. -I would like to do a little research on it. I think that
. we have to understand that we do have a private institution here which is no way connected
with the city, making a request for budget funds which-are-tax dollars.- I don't know when
• you must know, but I have some problem in my_own mind whether the city tan use tax dollars
for these purposes." -
' Commissioner Cooper asked, "Well, can we table -this, then until you have done some
' research and come- back with it?"
Commissioner Losik said, "They're running out of time. Now there's one other-
' source of funds that I know could be made available. Larry, if you'll research it and see . , '
if it would be proper to take it out of Contingencies or out of the Commission fund or out .
• of the Revenue Sharing. I would like to have the Commission on-record to approve this •-
amount and if worse would come to worse, I'm sure we could encourage the Chamber of
Commerce to donate $1,500 out of their Industrial Development Fund, which is out of - •-
Contingencies." -, -
Commissioner Cooper asked, "What makes you so sure we could?" -
Commissioner Losik answered, "Well,we could cut-them off next year if they don't,
let's just put it that way in a nice way. But I think there's money available so we can
let these people know that we can get it for them. It's available someplace in a legal form."
Mayor Weisgerber stated, "Larry,. I would suppose, now Bill has mentioned the cost
• of the corps in Hutchinson; however, it would be possible or there could be a technical -
difference here. For instance, if Hutchinson passed an ordinance and as we have an -
ordinance for our Municipal Band, that perhaps this organization is a city corps rather-than
a private corps there could be some legal differences here.'; -
City Attorney commented, "Well you see there are state statutes that authorizes. - -
us to spend for a band. It provides that we may levy so many..mills per. year for a public
band and that we enter into a contract with a group to perform these services. Now then,-- - .
we have levied our limit, and we have probably used all of it It maybe that Hutchinson _
and Great Bend and some of these other places that are using some of these dollars are -
entering.into an agreement with their corps to march at some public functions and perform. - -
some services for this. I think it certain}y could.be,worked- this way, but you see there is
State enabling legislation that actually authorizes the expenditure of tax dollars for .that
purpose. Now there may be one other area that.I may want to investigate. It could be what - •
may well be a partial solution to this would be that you make a grant to the Cultural Arts
Commission which certainly is a public'agency and through them they would want to assist. '
This may be possible. The Cultural Arts are a branch of the city and we•have authorized
them by ordinance to adopt a budget for cultural purposes., We have no limit on them other
than they give a budget and you approve it. Now you are the--governing body as such and if
you would authorize them to and furnish the funds they certainly could.do it. They are part
of your budget and you could switch from Contingencies to-Cultural Arts without their
specific budget being in trouble with state law. You can switch within funds within the -
general budget." - -
• Commissioner.Cooper asked, "If you could do it to Cultural Arts why couldn't you
do it to Contingencies or any of the other funds?" -
• City Attorney stated, "Once again, I don't know.. The problem is in my own mind at .
- this point without doing any research."
Mayor Weisgerber asked, "Larry, how long might it take you to check this out?"
City Attorney replied, "If you want to do this, as far as I'm concerned if you
want to make it an approval Of an amount subject to checking as to what can legally be done,
this would be fine."
Commissioner Cooper stated, "I'd'rather wait to•find out where it's going to come •
from."
City Attorney stated, "I would try to come back.to you next Monday with something."
•
•
•
i
I Mayor Weisgerber asked, "Bill, am I right in saying that you're going to take this ..
' trip regardless as to what we do?" - - i
i
- i Bill Scott answered, "Yes sir." -
•. 1 • Mayor Weisgerber stated, "I don't mean to cheat you out of the financial thing
- i necessarily, but if we would put this on the agenda for next week and give Larry time to
. - ! research this to see which fund we can use, would this be satisfactory?" . -
. .
i Commissioner Caldwell commented, "I would father accept the motion that . -
! Commissioner Losik made that we:go-ahead and approve it and that way they would know if they
Ipossibly could get it." - , . - - _
. ,' Commissioner Cooper commented, "This is true, but in the past we have always , .
specified when we approve the funding of something where and how it was going to be funded. .
•
' i So there isn't going to be any time difference involved whatsoever.. We're going to have to
i - . i wait.until Larry researches it so it isn't going to save any time or anything else, and if —
it"s possible legally I think you are aware that the Commission would be willing to go along
' with it. So I don't think we should officially approve it until we know how we're going •
to fund-its"
•
- ' - Commissioner Losik asked, "Would next Monday be too late, Bill?"
•
. Bill Scott answered, "We're leaving 5 days after that, we would appreciate it if
• it could be considered and decided upon at least by next Monday."
•.
Mr. Olson stated. "I think-to answer your specific question you-have decided it '
j will come out of the General Fund. Whether it comes from the Commission account, Cultural '
Arts, or Industrial Development or whichever, I think-what you are saying here is that if it •
I comes out one of these two or Contingencies or any other that.•it still is going to-come out
. of the General Operating Fund. You can, you know, -within the General'Operating Fund use the
' money back and forth between. the departments. Apparently what Mr. 'Caldwell is saying is he
is asking,the City Attorney to research and authorize the check to be written from the . .
- 'I • appropriate-account within the General Operating Fund:and if there isn't any appropriate
i fund there'won't be any check written." - -
I I Commissioner Cooper stated, "Until he tells us which account is appropriate, I
• I would rather wait, because the timing element is going to be the same. Is it not?"
City Manager answered, "Yes, only for their sake." . '
. Commissioner Losik commented, !tarry,. if you could have that answer, I would'
• ' prefer to have a decision tonight but if we can't would you be able to come up with _ -
something. I know you'll find in one of the three funds we've discussed where there will
be a legal way of doing it through the Commission, Contingencies or.through the portion of .
the Commission Fund that handles Cultural Arts or the Industrial Development: Now there is
• . someplace in those that is legal, if nothing more there isn't anything that says the Chamber
of Commerce can't use what they have set aside for contingencies in their Industrial .
Development Fund."
Mayor Weisgerber stated, "I think what you're saying Larry, is that you're not '
. ■ absolutely sure that we can use any-of these funds." .. . - •
City Attorney said, "This is what I would like to clear in my own mind before
I would say yes or no; I would have to do some research.",. .
i
Leon Ashton commented, "I had one question I'd-like to ask of Larry. Is there any
' way the City of Salina could determine this is a function of the city just like our band,
• and set up some kind of a levy for preceding years because the way this drum and bugle corps
is moving now, they're going to have the same. problem next year and so on down the line.
• , We have the best ambassadors for Salina in this drum and bugle corps that we've ever had, -
and they represent us in a manner that we could all point with pride to. I'd like to see -
something more on a long range program where the City of Salina would declare through a
•
proclamation that the,drum and bugle corps was an official drum and bugle corps for Salina
and some way set it up in the budget so they would have some kind of money for each year."
. i City Attorney answered, "Well it may be possible through this band fund that we
i levy annually, there may be a possibility of entering into a contract in future years to
i , perform some services and thereby giving them some money." .
I. Commissioner Cooper stated, "I think one year we tried to share that fund with
' i the Municipal Band and the Municipal Band didn't want to share."
1 Commissioner Losik stated, "This is the point, Larry, that I mentioned when I said
. I to get back to where we could enter into a contract or look into it; because this is what we
. ' have actually, we've entered into a contract with the Municipal Band. We did try that and •
we fell flat on our face and had all kinds of problems.. I would like to see if we can't
. - work that in again.' Now this is not to do away with the band this is just to add something
more along these lines." -
'
Commissioner Caldwell commented, "I think at that time they wanted to share what -.
the Municipal Band.was getting with the Silver Sabres.' I think what we're talking about.
.now is to increase the amount for the Municipal Band to include. the SilverSabres," '
Commissioner Losik said,' "We wanted to make a separate contract with them is what
: we had originally wanted to do; but the band was afraid-we were going to eliminate them and - . .
. ; that wasn't .true. It got to be such a big hassel that we dropped it." ,
. - Commissioner Cooper said, "Well, back to the Sabres, I guess•we're at a point . '
until Larry reports back to the Commission as to where the funding should come from, we will
momentarily delay the decision on the request. .Is that right, is that where we are?" • •
t
i _ Commissioner Losik stated, "I think we're to the point where we are at agreement -
' to give them this money if we can find a legalsource for the funds. I make a motion to
approve the expenditure of $1,500.00 based on the appropriate funds that the attorney •
can advise us that it should be taken from-and report back to us on next Monday's meeting." .
. i - Commissioner Caldwell said, "I second that motion." . . . . - .
. ' Mayor Weisgerber called fora vote on the motion. Ayes: (4). Nays: (0). • .
Motion.carried. . . . . -
. . ' A MOTION was made by Commissioner Losik, seconded by Commissioner Cooper to - '
allow discussion on the improvements around the Community-Theatre.' Ayes: (4). . Nays: .(0).
Motion carried. " .•
. Commissioner Losik commented, "I-think we've committed ourselves to the
• . ' landscaping, paving, etc. in that area. The point I'm trying to make is that I think now
' between now and fall is the time to start making these.improvements over there. I'd like • .
, to have Dean show us.what we need to do to get that site landscaped-properly and other than
. - •• - the overall paving for the parking areas, all of the sidewalks, the whole thing'with the
exception of the.parking areas,give us a-cost estimate.- ,I would like to see that'funded .
and I'd like to see us let a contract and get.the thing going so that by.fall we'd have '
a good start and that place would be looking the way it's suppose to. In addition to that '
. it might be that we would also through this type of planning, there might be some smaller -
contractors who in the past have not been able to compete for some of this business; would '
be able to come through for this smaller area. My motion is that Dean draw up the plans-
. and cost and that we proceed as rapidly as we can to get that place:landscaped, the sidewalks
in and the parking areas we would look at as a separate project. I ,think the architect has -
' already given us the biggest part of that, hasn't he?"
Dean Boyer answered, "Well, no. They didn't actually have:it, however, we are
• . at the stage of getting it together. -I would like to have-the-parking area on the west side
of Third street included in the overall plan." .
. ,' . Commissioner Losik stated "Put 'it -in there, Dean,'and identify it cost wise so
we can see what we can do if we were short on monies."
• . Mayor Weisgerber stated, "The funding 'for that probably .should -be -tied in with
. - , your report. It seems to me there are several areas, that we.could use. Now this is one
. area where we could use Revenue Sharing if we chose, or we could use park funds or several
other possibilities." - -. -
. . 'Mr. Olson commented. "We had thought of going with BOB applications at least for
site development, now it's getting a little late and we're going to have to'rush the - - .
concrete work and make sure we get it completed before they open in September. site - -
. , development, planting and shrubs and this type of thing, we could probably go with a small
application with BOR." - • '
• Mayor Weisgerber said, "The concrete work really is the prime thing because we
sure need to have the walks." . - -
Commissioner Losik commented, "I stated that if Dean could come up with a plan
' -1 we can have an overall picture,and whether we want to go ahead and apply for BOB funds is
one thing, but at least we've got it ready to go and what we can do ourselves let's get it
going." •
Commissioner Cooper stated, "I'll'second that motion."
Commissioner Caldwell asked, "Are you still considering using city help on that •
. project at all?" - J
•
ADDENDUM
This Addendum, made and entered into this day of October, 1976,
by and between the CITY OF SALINA, KANSAS, a municipal corporation, herein-
after referred to as the "City", and THE SALINA SILVER SABRES, INC. , a Kansas
non-profit corporation, with principal offices at Salina, Saline County,
Kansas, hereinafter referred to as the "Siler Sabres", WITNESSETH:
WHEREAS, the City and the Silver Sabres did on the day of Novem-
ber, 1975, enter into an Agreement providing for the performance of musical
services for said City by the Silver Sabres; and,
WHEREAS, the parties now desire to amend said agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained
the parties hereto mutually agree that the agreement between the parties
hereto dated the day of November, 1975, be amended in the following
respects:
(1) . The following shall be made a part of the said agreement, to
wit:
•
City agrees to allow the Silver Sabres to use the City
premises commonly known as "Memrorial Hall" for practice, which
said practice shall be limited to one day per week during
the months of October 1975 through and including April 1977;
provided however, that said practice sessions shall be so
scheduled that they will not conflict with other events at
the Memorial Hall and under such texas and conditions as may
be specified by the City Manager.
(2) . That all other terms, conditions and covenants in the original
Agreement between the parties dated the day of November, 1975,
are hereby ratified and affixaed.
IN WITNESS WHEREOF, the parties have hereunto caused this instrument
to be signed by their proper officers the day and year first above written.
CITY OF SALINA
By
Mayor
ATTEST:
City Clerk
SILVER SABRES
BY
President