05-06-1946 Minutes1
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COMAISSIONERS PROCEEDINGS, REGULAR L+SETING
COMISS IONERS ROOM,
SALINA, KANSAS.
t,, AY 6, 1946
Regular Meeting of the Board of Commissioners May 6, 1946. r,`eeting was called
to order by Mayor Moore, the roll was called and Commissioners 1doore, Noyce, Price
and Simpson and City Attorney Clark responded. Commissioner Breon absent.
The minutes of the Regular Meeting of April 29, 1946 were read and approved
as read.
Pursuant to Notice published in the Salina Journal bids were received for
the construction of Storm Sewer No. 220 as follows:
Brown & Brown, Incorporated, Salina, Kansas
H. J. Taylor Construction Company, Salina, Kansas
Rhoades Construction Company, Newton, Kansas
L. W. Rexroad & Son, Hutchinson, Kansas
Burt & Binford, Hutchinson, Kansas
City Engineer's Estimate in the amount of $9226.70 was read.
Bids were tabulated by the City Engineer.
Commissioner Simpson moved that contract be awarded to H. J. Taylor Con-
struction Company, Salina, Kansas, as per bid submitted in the amount of $8403.80,
and that the lrlayor be authorized to sign contract on behalf of the City of Salina
for such improvement, in accordance with such proposal and the form of contract and
specifications attached thereto and referred to therein, and that checks be returned
to the unsuccessful bidders. Motion adopted.
Pursuant to notice published in the Salina Journal bids were received for the
curbing and guttering of:
Charles Street from Twelfth Street to Phillips Street,
Charles Street from Phillips Street to I,''ontrose "venue,
North Street from Front °treet to Arthur ;'venue,
Lincoln Avenue from Grant -venue to Arthur "venue,
Grant Ixenue from North Street to Lincoln Avenue,
Garfield Avenue from North Street to Lincoln Avenue,
Seventh street from Lincoln Avenue to Decatur 'street,
Seventh 6treet from Hamilton Street to Otis `venue,
Arthur Avenue from North Street to Lincoln Avenue, and
Eighth Street from Hamilton Street to Antrim Avenue,
as follows:
Rexroad & Son, Hutchinson, Kansas
Brown & Brovm, Inc. Salina, Kansas
Rhoades Construction Company, T�ewton, Kansas
H. J. Taylor Construction Company, Salina, Kansas
Burt & Binford, Hutchinson, Kansas.
City Engineer's Estimate in the amount of 018,280.50 was read.
Bids were tabulated by the City Engineer.
Commissioner Simpson moved that contract be awarded to I1. J. Taylor Construction
Company as per bid submitted in the amount of $17,128.58 and that the Mayor be author-
ized to sign contract on behalf of the City of Salina for such improvement, in accord-
ance with such proposal and the form of contract and specifications attached thereto
and referred to therein, and that checks be returned to unsuccessful bidders. Motion
adopted.
Applications for taxicab drivers license for the year 1946 received as follows:
Paul V. Dixon
Claude 1%1. Oberer
Commissioner Price moved that applications be approved and license granted.
I1otion adopted.
Letter was presented from Chief of Police, Iieyl, recommending the revocation
of taxicab drivers license number 95 issued to Anthony Berry. Commissioner Simpson
moved that license be revoked. Motion adopted.
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Trust Deed, with a deposit of $75.00 vias presented from Gertrude Watson,
for the perpetual care of the South one-half of Lot 48, Block 9, in the Gypsum Hill
Cemetery. Commissioner Price moved that Deed be approved by the Board of
Commissioners and that the City Treasurer be instructed to place the deposit in the
Gypsum Hill Cemetery Lot Ovmers Endowment Fund as provided by Ordinance Number 3530
of the City of Salina, Kansas. Motion adopted.
Application for Cereal Balt Beverage License for the year 1946 received as
follows:
GE uE'R_��L RETAILER CUSS "A" CORPORATION
Application Number Tame of Applicant Namd and Location of Place
of Business
57 Knights of Columbus Knights of Columbus,Council #601
Council No. 601 105 -ti North Seventh Street
Commissioner Simpson moved that application be approved and license granted.
I-otion adopted.
A petition vias presented asking for the construction of a sanitary sewer
on Wilson Street from Third Street to Front Street. Petition was referred to the
C ity I,11anager.
Petitions were presented asking for the curbing and guttering of:
Wilson Street from existing curb and gutter on west side of Tenth
Street to existing curb and gutter on east side of Eleventh Street,
West side of South Court Place from Jewell to Ellsworth.
Petitions were referred to the City Ii;anager.
A petition was presented asking for the curbing, guttering and paving of
Walnut Street from the east line of 1.4issouri Pacific Right -of -xray to the viest line
of Clark Street. Petition was referred tothe City 1!ianager.
A petition was presented asking for the rezoning of the south 1/2 of Lot 4,
all of Lot 6 and the North 1/2 of Lot 8, Block 11, South Park Addition from "A"
Residential to "B" Residential District. Petition was referred to the City Planning
Commission.
An ordinance was introduced for second reading entitled: "An ordinance
providing for the inclusion of certain land in the City of Salina in "C" Commercial
District, as defined by Section 5 of Ordinance No. 3188 and providing for the
proper uses thereof."
On motion of Commissioner Simpson the ordinance was read and adopted by sec-
tions and on its final adoption the roll was called and the following vote was had;
Ayes: Moore, Noyce, Price and Simpson (4) Nays: (0) Commissioner Breon absent.
Mayor approved the ordinance and it.is numbered 5154.
An ordinance was introduced for second reading entitled: "An ordinance
dedicating certain land to the public use for the purpose of opening, widening and
extending certain streets and alleys, being (1) Fifth 6treet north of the intersection
of Fifth Street and Pacific Street, and (2) Pacific Street between the east line of
a certain north and south public alley (between Santa Fe revenue and Fifth Street)
and the center line,of Fifth Street, and (3) a certain north and south public alley
lying and situate north of Pacific Street and between Santa Fe "-venue and Fifth
Street, all in the City of Salina, Saline County, Kansas."
On motion of Commissioner Price the ordinance was read and adopted by sec-
tions and on its final adoption the roll was called and the following vote eras had;,
Ayes: Moore, Noyce, Price and Simpson (4) Nays: (0) Commissioner Breon absent. `
Mayor approved the ordinance and it is numbered 5155.
An ordinance was introduced for second reading entitled: "An ordinance
provding for the construction of a certain storm sewer in the City of Salina, to be
designated as Storm Sevier No. 24, and providing for the letting of contract for T
such construction and for the payment of the cost thereof."
On motion of Commissioner Price the ordinance was read and adopted by sec-
tions and on its final adoption the roll was called and the following vote was had;
Ayes: 1.400re, Noyce, Price and Simpson (4) Nays: (0) Commissioner Breon absent.
ifiayor approved the ordinance and it is numbered 5156.
An ordinance was introduced entitled: "An ordinance making appropriation
for the payment of certain claims."
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On motion of Commissioner Price the ordinance was read and adopted by sec-
tions and on its final adoption the roll was called and the following vote was had;
Ayes: Moore, Noyce, Price and Simpson (4) Nays: (0) Commissioner Breen absent.
Mayor approved the ordinance and it numbered A-227.
City Planning Commission reported favorably on ordinance asking for the
vacation of a portion of Greenway Road in Country Club Heights Addition. On motion
of Commissioner Simpson report was adopted by the Board of Commissioners. Motion
adopted.
An ordinance was introduced on first reading entitled: "An ordinance vacating
a portion of Greenway Road in Country Club Heights lying east of Lot Thirteen (13)
in Block Two (2) in Country Club Heights between Overhill Road and the north line of
the South half of the Northwest Quarter of Section Seventeen (17), Township Fourteen
(14), South, Range Two (2) West of the Sixth Principal ?,Ieridian in Saline County,
Kansas." Ordinance was referred to the Board of Commissioners.
City Attorney submitted his opinion regarding the claim of $118.00 filed
by Ii. N. Paul for the killing of his dog by the City dog catcher as follows:
Salina, Kansas.
April 23, 1946
Px. E. J. Allison,
City Manager,
City Hall,
Salina, Kansas,
Re: H. N. Paul vs City
Dear T;Tr. Allison:
The claim of H. N. Paul in the sum of $118.00 for the claimed
wrongful killing of a dog by a city employee has been sub-
mitted to me for an opinion as to the liability of the City
to the otimer.
Our ordinances relating to dogs are fundamentally directed
toward the protection of the public health. The protection
of the public health is a governmental function. An em-
ployee of the city who is responsible for the enforcement
of ordinances relating to governmental functions cannot ex-
ceed his legal authority and thereby obligate the city, Such
an employee cannot, by commission of a tort, obligate the City
in its sovereign capacity in the performance of governmental
functions.
It is, therefore, my conclusion that the City is not liable
and the claim should be summarily denied.
Yours very truly,
(Signed) C. L. Clark
Commissioner Price moved that report be accepted by the Board of Commissioners.
Motion adopted.
A communication was received from the Chamber of Commerce regarding off-street
parking program. Ordered £il6d.
Mayor Idoore appointed J. Earl 71yatt, John Frederick and Wm. F. Grosser, Jr.,
to act as appraisers in ascertaining the valuation of certain lots and pieces of
ground liable to special assessment for the cost of constructing Lateral Sanitary
Sewer Number 208. On motion of Commissioner Price appointments were confirmed
by the Board of Commissioners. :notion adopted.
?,�ayor TsIoore appointed J. Earl Wyatt, John Frederick and WM. F. grosser Jr.,
to act as appraisers in ascertaining the valuation of certain lots and pieces of ground
liable to special assessment for the cost of paving alley lying between Santa Fe
Avenue and Seventh Street from Ash Street to Elm Street. On motion of Commission-
er Price appointments were confirmed by the Board of Commissioners. Motion adopted.
City Manager reported favorably on the petitions asking for the curbing and
guttering and grading of:
North side of Cloud Street from Ninth Street west to City limits,
Eleventh Street from Claflin to Cloud, and
Woodlawn Avenue from Ninth Street west to City limits.
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A resolution was introduced for first reading entitled: "A Resolution
relating to the curbing, guttering and grading of the north side of Cloud Street _
from the west line of Ninth Street thdhce west to the City limits." Resolution
was referred to the Board of Commissioners. j
A resolution was introduced for first reading entitled: "A Resolution
relating to the curbing, guttering and grading,of Eleventh Street from the south
line of Claflin Avenue, thence south to the north line of Cloud Street." Resolution
was referred to the Board of Commissioners.
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A resolution was introduced for first reading entitled: "A Resolution
{ relating to the curbing, guttering and grading of Woodlawn Avenue from the west
line of Ninth Street thence west to the city limits. Resolution was referred
to the Board of Commissioners.
On motion of Commissioner Simpson the Board of Commissioners adjourned.
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