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05-15-1967 Minutes1 COMMISSIONERS PROCEEDINGS - REGULAR MEETING COMMISSIONERS' ROOM Salina, Kansas May 15, 1967 i !� Regular Meeting of the Board of Commissioners May 15, 1967: Meeting was called to order by Mayor Rundquist, the roll was called and Commissioners Rundquist, Casebeer, p Waddell, Yost, City Attorney Bengtson and City Manager Olson responded. Commissioner Stark absent. The Minutes of the Regular Meeting of May 8, 1967, were read and approved. Mayor proclaimed Student Nurse Day in Kansas State Student Nurses' Association V (Salina) May 16th. Mayor proclaimed May 17th, Freedom Day, Salina Branch of the National Association for the advancement of Colored People. Bids were received on Gasoline Supply for Central Garage for six months. The bids were opened and tabulated by the City Clerk. On a motion by Commissioner Yost, seconded by Commissioner Casebeer, the bid was awarded to Holzhuter Petroleum Company, Salina, Kansas, as low bidder for the six months period beginning May 22, 1967 to November 22, 1967. (Regular.1148; Ethyl .1256; Average (3 to 1) .12290.) An ordinance was introduced for second reading entitled: "AN ORDINANCE making it unlawful for any person to exercise or assume to exercise any of the powers conferred upon !, any officer or employee of the City of Salina, Kansas." On a motion by Commissioner Yost, seconded by Commissioner Casebeer, the ordinance was adopted by sections and on its final adoption the following vote was had: Ayes: Rundquist, Casebeer, Waddell, Yost (4). Nays: (0). Commissioner Stark absent. Mayor approved the ordinance and it is numbered 6980. Carried. Ordinance was introduced for first reading May 8, 1967. i A letter was received from the Salina City Planning Commission regarding Petition Number 2949, which was filed by Donald Williams for approval of 26 Townhouses on Lots 2 thru 12, Block 1, Country Club Heights Addition Number 4. The Salina City Planning Commission recommended the denial of the petition. (Petition Number 2953 was filed against the approval of Petition 2949, with approximately 100 names). On a motion by I Commissioner Waddell, seconded by Commissioner Casebeer, the letter was tabled for 1 week. A report was received from the City Attorney relative to the duties and organization of the Zoning Board of Appeals. On a motion by Commissioner Casebeer, seconded by Commissioner Yost, a Resolution j was introduced for first reading for the paving of Fourth Street from Pacific Avenue to Harsh Avenue. Resolution Passed: �L "Lr l ( �' Number: S On a motion by Commissioner Casebeer, seconded by Commissioner Yost, a Resolution was introduced for first reading for the paving of Fourth Street from Harsh Avenue to Hamilton Avenue. Resolution Passed:`" T r/ l Number: On a motion by Commissioner Casebeer, seconded by Commissioner Yost, a Resolution was introduced for first reading for the paving of Fourth Street from Hamilton Avenue to Antrim Avenue. I q � Resolution Passed:Q�/ �, (� % Number: / On a motion by Commissioner Casebeer, seconded by Commissioner Yost, a Resolution was introduced for first reading for the curbing, guttering, and paving of Westport Boulevard in Westport Addition. Resolution Passed: � � 1 i Number: On a motion by Commissioner Waddell, seconded by Commissioner Casebeer, an ordinance was introduced for first reading for Lateral Sanitary Sewer Number 506, in Westport Addition. Ordinance Passed: �� ? Number: ( S 77 � AN A Resolution was introduced and passed entitled: "RESOLVED, by the State Highway Commission of Kansas, this 15th day of May, 1967, that pursuant to the provisions of Senate Bill Number 196, Session of 1959, the following described streets in the City of Salina, County of Salina, a City of the 1st class, be designated as connecting links in the State Highway System." On a motion by Commissioner Yost, seconded by Commissioner Casebeer, the Resolution was adopted as read and the following vote was had: Ayes: Rundquist, Casebeer, Waddell, Yost (4). Nays: (0). Commissioner Stark absent. Mayor approved the Resolution and it is numbered 2932. Carried. Commissioner Yost introduced an ordinance providing for the granting of an electril franchise to The Kansas Power and Light Company and moved that the same be placed on first reading. Said motion was seconded by Commissioner Waddell and, upon vote, carried. The ordinance was given number 6981 and placed on first reading and was read and considered by section. Thereupon, Commissioner Casebeer moved that said Ordinance be placed on second reading. Said motion having been duly seconded, upon vote, carried. Said ordinance was read and considered by sections on second reading. Thereupon, the Mayor stated to the meeting that pursuant to the provisions of K. S. A. 12-824, it is necessary that notice of the proposition to pass such ordinance must be given for twenty days by publication in a newspaper of general circulation in the City. Thereupon, Commissioner Waddell moved that notice of the proposition to grant the franchise, heretofore introduced, be given in accordance with the provisions of K. S. A. 12-824 and that said notice should be in form substantially as follows: "NOTICE" Notice is hereby given to the legal electors of the City of Salina, Kansas, that the governing body of said city proposes to pass an ordinance granting an electric franchise to The Kansas Power and Light Company, said ordinance being in form as follows: ORDINANCE NO. AN ORDINANCE, granting to The Kansas Power and Light Company, a Kansas corporation, its successors and assigns, an electric franchise, prescribing the terms thereof and relating thereto, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with the terms hereof. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS. Section 1. That in consideration of the benefits to be derived by the City of Salina, Kansas, and its inhabitants, there is hereby granted The Kansas Power and Light Company, a Kansas corporation, hereinafter sometimes designated as "Company", said Company being a corporation operating a system for the transmission of electric current between two or more incorporated cities in the State of Kansas, into and through which it has built transmission lines, the right, privilege, and authority for a period of twenty (20) years from the day of , 19 , to occupy and use the several streets, avenues, alleys, bridges, parks, parkings, and public places of said City, for the placing and maintaining of equipment and property necessary to carry on the business of selling and distributing electricity for all purposes to the City of Salina, Kansas, and its inhabitants. and through said City and beyond the limits thereof; to obtain said electricity from any source available; and to do all things necessary or proper to carry .on said business in the City of Salina, Kansas. Section 2. As further consideration for the granting of this franchise, in lieu of any city occupation, license or revenue taxes, the Company shall pay to the City during the term of this franchise three percent (3%) of its gross revenue from all sales of electric energy within the corporate limits. of said City, such payment to be made monthly for the preceding monthly period. In event Company shall hereafter agree to nay any other city supplied with electricity by Company, any percentage of gross revenue in excess of the percentage herein provided, Company, at the request of the City, shall increase the percent to be paid to the City hereunder to the same percentage agreed to be paid such other city. Any such increase in percentage shall be effective from and after the next payment date following said request by the City. Section 3. That the Company, its successors and assigns, in the construction maintenance, and operation of its electric transmission, distribution and street lighting system, shall use all reasonable and proper precaution to avoid damage or injury to persons or property, and shall hold and save harmless the City of Salina, Kansas, from any and all damage, injury and expense caused by the sole negligence of said Company, its successors and assigns, or its or their agents or servants. j Section 4. That within sixty (60) days from and after the passage and approval of this ordinance, said Company shall file with the City Clerk of said City of Salina, Kansas, its unconditioned written acceptance of this ordinance. i Section 5. That any and all ordinances in conflict with the terms hereof are j hereby repealed. Section 6. That this ordinance shall become effective and be in force and shall be and become a binding contract between the parties hereto, their successors and assigns, from and after its passage, approval, publication as required by law, and acceptance by Company. Section 7. This franchise is granted pursuant to the provisions of K. S. A. 12-824. Passed and approved this day of , 19 Ma or j Attest: City Clerk Said motion was seconded by Commissioner Casebeer, and, upon vote, carried. Thereupon, Commissioner Waddell moved that the above notice be published in the Salina Journal newspaper for a period of twenty days. Said motion was seconded by Commissioner Casebeer, and, upon vote, carried. Commissioner Casebeer introduced an ordinance providing for the granting of a natural gas franchise to The Kansas Power and Light Company and moved that the same be placed on first reading. Said motion was seconded by Commissioner Waddell and, upon vote, carried. The ordinance was given the number 6982 and placed on first reading and was read i and considered by sections. I Thereupon, Commissioner Yost moved that said Ordinance be placed on second reading, Said motion having been duly seconded, upon vote, carried. Said ordinance was read and considered by sections on second reading. I Thereupon, the Mayor stated to the meeting that pursuant to the provisions of K. S. A. 12-824 it is necessary that notice of the proposition to pass such ordinance must be given for twenty days by publication in a newspaper of general circulation in the City. Thereupon, Commissioner Casebeer moved that notice of the proposition to grant the franchise, heretofore introduced, be given in accordance with the provisions of K. S. A 12-824, and that such notice should be in form substantially as follows: "NOTICE" Notice is hereby given to the legal electors of the City of Salina, Kansas, that the governing body of said city proposed to pass an ordinance granting a natural gas franchise to The Kansas Power and Light Company, said ordinance being in form as follows: j ! ORDINANCE NO. AN ORDINANCE granting to The Kansas Power and Light Company. a Kansas corporation its successors and assigns, a natural gas franchise, prescribing the terms thereof and relating thereto, and repealing all ordinances or parts of ordinances inconsistent with or conflicting with the terms thereof. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS. Section 1. That in consideration of the benefits to be derived by the City of hereby to The Kansas Power and Light i Salina, Kansas, and its inhabitants, there is granted Company, hereinafter sometimes designated as "Company", said Company being a Kansas corporation operating a system for the transmission of electric current between two or more � i incorporated cities in the State of Kansas, and also operating a system for the transmission! and distribution of Y�atural gas in the State of Kansas, the right, privilege and authority for a period of twenty (20) years from the day of 19 to occupy and use I the several streets, avenues, alleys, bridges, parks, parkings, and public places of said j City for the placing and maintaining of pipe lines and other equipment necessary to carry on the business of selling and distributing natural gas for all purposes to the City of Salina, Kansas, and its inhabitants, and through said City and beyond the limits thereof; to obtain said natural gas from any source available, and to do all things necessary or proper to carry on said natural gas business in the City of Salina, Kansas. Section 2. As further consideration for the granting of this franchise, and in lieu of any city occupation, license or revenue taxes, the Company shall pay to the City of Salina, Kansas, two percent (2%) of its gross revenue from the sale of natural gas during the term of this franchise to all consumers within the corporate limits of the said City. Such payment shall be made monthly for the preceding monthly period after the effective date of this franchise. In event Company shall hereafter agree to pay any other city supplied with natural gas by Company, any percentage of gross revenue in excess of the percentage herein provided, Company, at the request of the City, shall increase the percentage to be paid to the City hereunder to the same percentage agreed to be paid such other city. Any such increase in percentage shall be effective from and after the next payment date following said request by the City. Section 3. That all mains, services and pipe which shall be laid or installed under this grant shall be so located and laid as not to obstruct or interfere with any water pipes, drains, sewers or other structure already installed. Section 4. Company shall, in the doing of any work in connection with its said gas mains, pipes and services, avoid, so far as may be practicable, interfering with the use of any street, alley, avenue or other public thoroughfare, and where Company disturbs the surface of a street, alley, avenue or other public thoroughfare, it shall at its own expense and in a manner satisfactory to the duly authorized representatives of the City replace such paving or surface in substantially as good condition as before said work was commenced. Section 5. It is recognized that the natural gas to be delivered hereunder is to be supplied from a pipe line system transporting natural gas from distant sources of supply; and the Company, by its acceptance of this franchise as hereinafter provided, does obligate itself to furnish natural gas in such quantity and for such length of time, limited by the terms hereof, as the said sources and said pipe lines are reasonably capable of supplying. Section 6. That Company, its successors and assigns, in the construction, maintenance and, operation of its natural gas system, shall use all reasonable and proper precaution to avoid damage or injury to persons and property, and shall hold and save harmless the City of Salina, Kansas, from any and all damage, injury or expense caused by the sole negligence of said Company, its successors and assigns, or its or their agents or servants. Section 7. That within sixty (60) days from and after the passage and approval of this ordinance, Company shall file with the City Clerk of the City of Salina, Kansas, it unconditioned written acceptance of this ordinance. Section 8. That this ordinance shall become effective and be in force and shall be and become a binding contract between the City of Salina, Kansas, and The Kansas Power and Light Company, its successors and assigns, after its passage, approval and publication as required by law, and acceptance by said Company. Section 9. This franchise is granted pursuant to the provisions of K. S. A. 12-824. Section 10. That any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed. Mayor Attest: City Clerk Said motion was seconded by Commissioner Yost, and, upon vote, carried. Thereupon, Commissioner Casebeer moved that the above notice be published in The Salina Journal newspaper for a period of twenty days. Said motion was seconded by Commissioner Yost, and, upon vote, carried. A request was received by Three Rivers District of Boy Scouts of America to use Lakewood Park for "Aquatic Day" Activities - June 4, 1967. On a motion by Commissioner Waddell, seconded by Commissioner Yost, the request was approved. G REQUEST FOR SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being duly elected, qualified and acting City Commissioners of the City of Salina, Kansas, do hereby request a special meeting of the Board of Commissioners of the City of Salina, Kansas, to be held on the 18th day of May, 1967 at 4:30 P. M. CDST for the purpose of consideration and voting on the following: The signing of a contract for the purchase of jail equipment in the Police Administration Building. Dated this 17th day of May, 1967. 1 9 ; v. _J0 Wilbur Johnson, Architect, filed his fees for Police Building, in the amount of $2,970.95. On a motion by Commissioner Waddell, seconded by Commissioner Casebeer, the amount was approved. I EAn ordinance was introduced and passed entitled: "AN ORDINANCE making an w appropriation for the payment of certain claims." (bills) On a motion by Commissioner Yost, seconded by Commissioner Waddell, the ordinance was adopted by sections and on its final adoption the following vote was had: Ayes: jRundquist, Casebeer, Waddell, Yost (S). Nays: (0). Commissioner Stark absent. Mayor approved the ordinance and it is numbered A-1381. Carried. I On a motion by Commissioner Waddell, the Board of Commissioners adjourned. H. E. Peterson, City Clerk COMMISSIC i i :RS' ROOM ¢$ isas i7 I i I Special Meeting of t , 1967 at 4:30 P.M.,CDST. The Meeting was called to ordE --alled and Commissioners Rundquist, Casebeer, Yost, Cit r Olson responded. Commissioners Waddell and Stai On a motion by Comm: 3sioner Yost to approve s purchase of Jail Equipment in rize the Saline County -City I Building Authority to sign th( al Company for this amount. (Original Bid $43,600.00. Del( is $3,550.00 and Credit of $250.00 for not furnishing u� r��0.00.) Carried. On a motion by Commissioner.Yost,"the Special`Ieeting adjourned. i � Y Clerk H. E. Peterson Cit � i i i i