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06-05-1950 MinutesCOLII.:ISSIUNERS E R.00EEDII�GS, REGLLAR. MEETING • COI,ddSa ONIINS ROOM, SALINA, KANSAS. JANE 5, 1950 Regular Meeting of the Board of Commissioners June 5, 1950. Meeting was called to order by I.:ayor King, the roll was called and Commissioners King, Price, Ramsey, Stephenson and tiebb and City Attorney Clark responded. The minutes of the Regular Meeting of May 22, 1950 and Regular Meeting of I�ay 29, 1950 were read and approved as read. • Harry Hansen and others appeared for Y M C A regarding Pop Stand at Soft Ball Games in Kenwood Park. Commissioner Ramsey made motion to allow, but motion failed for wart of second. Pursuant to notice published in the Salina Journal bids were received and filed on P,ay 29th, 1950 at 7:30 o'clock P. bL'. for curbing, guttering and paving improvements provided for in Ordinances numbered 5466 and 5467 (known as Job Number 264). Bids were opened and tabulated by the City Engineer. On motion of Commissioner Ramsey the ordinance was read and adopted by nd the following vote was • L. W. Rexroad, Salina, Kansas 961,157.80 San Ore Construction Company, i..crherson, Kansas 62,648.00 J. H. Shears, Hutchinson, Kansas 62,166.30 H.T.Taylor Construction Company,Salina,Kansas 60,440.60 City L;ngineer's Estimate 61,438.80 Comni:issioner Webb moved that contract be awarded to H. J. Taylor Construction Company as per bid submitted in the sum of $60,440.60, and that kayor be authorized to sign contra t on behalf of the City of Salina and checks returned to unsuccessful bidders. Motion adopted. An ordinance was introduced for first reading entitled: "An ordinance ratifying and confirming a contract with H. J. Taylor Construction Company for the construction of certain curbing, guttering, paving and grading improvements on ■ certain streets in the City of Salina, and providing for the issuance of temporary notes to pay the cost thereof pending the issuance and sale of bonds." Ordinance was referred tc t heBoard of Commissioners. An ordina-ce was introduced for first reading entitled: "An ordinance ratifying and confirming a contract with H. J. Taylor Construction Company for the construction of certain curbing, guttering and grading improvements on certain streets in the City of Salina, and providing for the issuance of temporary notes to pay the cost thereof pending the issuance and sale of bonds." Ordinance was referred to the Board of Commissioners. Mayor appointed J. Larl Nyatt, John L'rederick and Wm. F. Grosser, Jr., to act as appraisers for c.xuing, guttering and/or paving certain streets provided for in Ordinances numbered 5466 and 5467 (Known as Job number 264). On motion of Com;-issioner trice appointments were confirmed by the Board of Commissioners. • Potion a dopted. An ordinance was introduced for second reading entitled: "An ordinance ratifying and confirming a contract with H. J. Taylor Construction Company forthe construction of certain lateral sanitary sewer in the City of Salina, heretofore designated as Lateral Sanitary Sewer District Aumber 250, and providing for the issuance of temporary notes to pay the cost thereof pending issuance and sale of bonds." On motion of Commissioner Ramsey the ordinance was read and adopted by nd the following vote was sections and on its final adoption the roll was called had; Ayes: King, Price, Ramsey, Stephenson and Webb (5) Nays: (0) i:Iayor approved the ordinance and it is Numbered 5476. An ordinance was introduced for second reading entitled: "An ordinance regulating parking on a part of a certain street in the City of Salina and providing a penalty for the violation thereof." Onr:otion of Commissioner Ramsey the ordinance was read and adopted by the was called avid the followin vote was sections and on its final adoption roll had; Ayes: icing, Price, Ramsey, Stephenson and .Vebb (5) Nays: ,v:ayor approved the ordinance and it is Numbered 5477• A resolution was introduced and passed relating to the issuance of Temporary Note in the amount of :;1540.00. Un motion of Commissioner Stephenson the resolution was adopted as read • a;,d on its final adoption the roll was called and the following vote was had; Ayes: r_inb, trice, Ransey, Stephenson and -,aebb (5) ways: w) kayor approved the resolution and it is 'Numbered 1180. 9 • An ordinance was introduced entitled: "An ordinance making appropriation a for the payment of certain claims." On motion of Commissioner Stephenson the ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: King, trice, Ramsey, Stephenson and Webb (5) mays: (0) i:Iayor approved the ordinance and it is slumbered A-499. Appraisers report for Lateral Sanitary Sewer iuumber 248 was received, and on motion of Commissioner 0iebb, Londay, June 19, 1950 at 7:30 o'clock P. L. was desig- nated as date for hearing on said report, and that City Clerk give notice of such Learing in the official City paper as provided by law. Ilotionz:dopted. retition was presented for curbing, guttering and paving Jewell Street to the gulley in the 300 Block between Osborn and Quincy Streets. Referred to City s�_anager. . City I.anager reported on petition for sewer in Block 8, Sunrise Addition. Commissioner 'Webb moved that ordinance be introduced for first reading. Carried. An ordinance was introduced for first reading entitled: "An ordinance cre- ating and defining a certain lateral sanitary sewer district in the City of Salina, i,ansas, designated as Lateral Sanitary Sewer District ;lumber 251 and providing for the construction of a lateral saiu tart' sewer in said Lateral Said tary Sewer District um�er 251, so created, and providing for the payment of the cost thereof and for the levying of special assessments against the property insaid district for the payment of the cost of such construction of and for the issuing of bonds to pay the cost thereof." Ordinance was referred to the Board of Commissioners. No persons appeared to protest against the rezoning of Lots 25 to 30, Block 5, Stack Place to Class 111311 Residential. An ordinance was introduced for first reading providing for the re71oning of Lots 25 to 30, Stack Place to Class "B" Residential. Referred to the Board of Commissioners. G1,as. W. Shaver, Architect, filed hstimate dumber 3 in: the amount of :;�15,660.00 to Busboom and Rauh for Fire Station contract. Commissioner trice moved to accept. Carried. Trust Deed in the amount of $100.00 was presented from sirs. Fayetta Bain, for perpetual care of all of Lot 31, Block 23, in the Gypsum I -Lill Cemetery. Commis- sioner Webb moved to accept and that City Treasurer be instructed to place deposit in the Gypsum Hill Cemetery Lot Owners' Endowment Fund as provided by Ordinance Num- ber 3530 of the City of Salina, Kansas. motion adopted. Letter was presented from the City i'lanni.ng Commission recowieading that Lot 167, Fifth Street, Ori8�inal Town of Salina not be rezoned from 'B" Residential to "C" Commercial. Comiaissioner Price moved to accept recommendation. Carried. Conveyance of Easement was presented from Seitz Brothers investment Com- pany and delle Seitz as follows: CONVEYA14rCE OF LASEL' ENT THUS iNDLIE")RE, made this 25th day of %gay, 1950, by and between THE SEiTZ BROTHERS INVESTt .1 COhIPAIIY, a Corporation, and NLLLE SEM, a single woman, parties of the first part, and the CITY OF SALINA, KAlAS, of the second part. 'NI-rr' "' S, party of the second part desires to obtain an easement over, upon and through certain land owned by first parties, as hereinafter described; and i,H�LAS, the parties of the first part are willing to grant said second parties said easement; and SO, MOW, THEREFORE, Vvitnesseth: That the parties of the first part, in consideration of the payment of the sum of One Dollar, receipt of which is hereby acknowledged, and the promises and agreements hereinafter set forth, do by these presents grant, bargain, sell and convey unto second party an easement in, over and across a certain portion of the land owned by first parties, more particularly described as follows: to -wit: A tract of land in the northwest quarter of Section 17, • Township 143 Range 2, west of the Sixth Principal ..er-Ldian, more accurately described as follows: 90 • BEGINNING at a point on the west line of Section 17, Township 14, Range 2 west of the Sixth Principal tdieridian and 1321.5 feet south of the 1uW corner of said Section 17, thence east along the sout.. line of Block 2, Country Club heights Addition to the City of Salina, Kansas, and vih�ch line is extended 652.3 feet, more or less to its intersection with the east line of Greenway Road; thence south 11.0 feet; thence west 652.3 feet to a point 14.0 feet south of the point of beginning; thence north on west line of said Section 17 to the point of BEGIN14ING; for the sole purpose of installing, maintaining, replacing and repairing water maids therein in accordance with the future plans and s ecificatioa�s relating thereto by said City in carrying on its proprietary function of engaging in the distribution of water, and second party, its officers, agents, employees and contractors shall have the right of ingress to and egress from said property for said purposes. The first parties reserve all rights and title to s aid real estate and the use thereof, subject only to the specific rights granted the second party above set forth. • As a part of the considerat--on for the granting of this easer-ent, second party ac;rees: 1. in the event the surface of the ground is disturbed in the installtion, maintenance, repair or replacing of water mains or in any other manner by second party, second party agrees to replace the soil and put the surface of the ;round in the sane condition as it now is and to reseed and replant any ground cover or crops gravring on said land at any time the surface thereof is disturbed by second party, and ti:at it will not periidt any sunken places, ditches or ruts as a result of any acts of second party. 2. That in the event first parties, or any of them, construct a residence or residences on the land adjoining said real estate des- crLbed inlaid easement, the first parties may connect said residences to ::, aid water :ruins and second party will furnish water to said resi- dences at the regular rates charged patrons in the City of Salina. 3. That this easement is given with the understanding t at in the event the uarties of the first part, their successors or assigns, plat the South Half (S ) of the northwest Qeuarter (MV -1) of Section 17, Township 14, South, Range 2 West of the Sixth Principal Meridian, or any part thereof, the real estate included in this easement may be dedicated for streets, roads or highway purposes. IN WiT!�ESS WHEREOF, Thh SLiTZ BR6THERS iidULSTlrt;nT COM—ANY, a corporat-ion, has caused its officers to execute tris instrument, and, 14LLLE SEITZ has set her hand hereunto, all on the day and year first • herein written. TtIL SL1TZ BROTHERS INVESTI,114T COMPANY, Attest: a Corporation By: George 0. P. Seitz President Theo. B. W. Seitz Secretary Belle Seitz State of Kansas ) SS County of Saline ) BE IT RLItiLLBLRED, t at on this 25th day ofcay A. D. 1950, before me tine undersigned, a Notary Public in and for said County and State., cane NELLE SEITZ to me personally known to e the same person who executed the foregoing Conveyance of Easement, and duly acknowledged the execution of the same. iN iiTNESS SHE EOF, I have hereunto subscribed my name and affixed my official seal on the day and year last above written. R. W. Wilson Notary cublic Ivry Commission Expires: July 21, 1951. • 1 11 • 1 1 • St:te of Kansas ) SS County of 6aline ) BE IT Rh EMBERED, ti at on this 25th day of 14ay, 1950, before me, the undersigned, a :notary Public in and for the County and State aforesaid, came George O. t'. Seitz, i -resident of THE SEITZ BROTHERS INVESTI.L,114T COM?ANY, a corporation duly organized, incorporated and existing under and by virtue of the laws of Kansas, and Theo. B. vti. Seitz, Secretary of said corporation, who are personally known to me to be such officers, and who are personally known to me to be such officers, and who are personally known to me to be the persons who executed, as such officers, the within instrument of writing on behalf of said corporation. IN TESTI1vWJY 'ddHLREOF, i have hereunto set my hand and affixed my official seal the day and year last above written. �NUTARIAL SEAL) R. W. Wilson iotary Public Ly Commission Expires: July 21, 1951. Commissioner Price moved to approve Easement. iiotionadopted. Petition and Plat for dedication of land in Lots 2, 3, 4 nd 5, Block 1, i��ornir:gside Addition was presented. Referred to City Planning Commission. Petition for vacation of Ili -foot right-of-way for utilities running north and south through Block 1, in L.orningside Addition from south line of Lc.dams toad, south to south line projected west of Lot 4, in Block 1. Accepted by Commissioner Price. An ordinance was introduced for first reading entitled: "An ordinance providing for tLe vacation of a certain portion of the right -of -way for utilities in-orningside Addition, within the City of Salina, Saline Cou_ity, Kansas." Referred to the Board of Commissioners. Letter was presented from City Planning Commission on Kraft 1�,anor Addition to City of Salina, by Home Development Company. Plat and 'lertificate for Kraft ..anor Addition filed by Ernest Larson and referred to City Planning Commission. City 1.1anager reported on new Police Car. Com:d ssioner Price made motion to purchase Ford from Kansas ;.rotors for :'700.00 difference on the 1)48 Pontiac. i�iotion adopted. On motion of Commissioner Stephenson the Board of Commissioners adjourned. City Clerk 92 COL_'LiSSIO LIRS tROCEEDL,GS, SPECLiL METING COlaaSSIOaRS ROOIAJ SALINA, KANSAS, JuldE 5, 1950 Special L eeting of the Board of Commissioners June 5, 1950. Leeting was c alled to order by i.ayor iang, the roll was: called and Commissioners ling, trice, hamsey, Stephenson and Pvebb and City Attorney Clark responded. b.�eeting was held for the purpose of acting on the appraisers reports providing for curbing, guttering and/or paving improvements provided for in Ordinances Numbered 5369, 5390 and 5391 (renown as Job 11o. 253); Ordinances [,;umuered 5416 and 5117 0(riown as Job No. 259); and ordinances Numbered 5429 a__d 5130 (i1nown as Job :cumber 260). Commissioner 4ebb moved to approve all reports except curbing and guttering of Third Street from North line of Republic Avenue to south line of Lot 13, projected west, Block 5, n utchi_son's Addition, approxymately 453 feet �beir.g a part of Job aumLer 253). This report to be held over for City i::anager to check and report at :eeting of June 12, 1950. Carried. On motion of Commissioner Ramsey the Board of Commissioners adjourned. City Clerk • FI L J r� 1 C7 F---] L 1