09-05-1939 MinutesCOT,U4I3SIONERS PROCEEDINGS, REGULAR 1JEETING,
COM1,1ISSIONERS ROOM,
SALINA, KANSAS.
SEPTEIZER 5, 1939.
Regular meeting of the Board of Commissioners September 5,
1939. Meeting was called to order by Mayor Morgenstern, the roll
was called and Commissioners Morgenstern, Branson, Breon and Ferm
and City Attorney Norris responded. Commissioner Mitchell deceased.
The minutes of the Regular Ideeting of August 28, 1939 were
read and approved as read. I
G. E. French of De Luxe Cab Company asked for permission to
install call phones attached to the.buildings in front of Stiefel's
Store, Linckts Drug Store and Pfalzgrafts Drug Store, to be used only
for customers calls to taxi office, and not to be used for taxi
drivers to call office, or for any calls from office, and applicant
agreed t at if permission was granted, taxicabs would not engage in
cruising past the phones or pick up passengers at such locations
except those who had called in for taxis. Commissioner Ferm moved
that permission be granted on the conditions named. Carried.
Russel Thorpe and George Kathary made request for a rebate
or refund from the amount paid by them for concession privilege at
Oakdale Park for the summer of 1939, on account of closing of Swimming
Pool on August 23, or one week earlier than the usual closing date.
Commissioner Breon moved that a refund of one weeks charge, or $15.00
be made to the applicants. Carried.
Pearl Hartzell and his attorney C. B. Dodge, Jr. appeared and
presented to the Commissio;iers the petition filed with the City Clerk
on this date, for the approval by the Commissioners of the change of
frontage and replatting of Lots 7,£3,9,10,11,12,13,14,15 and 16 in
Block 2, Brown's Addition, to be replatted and known as "TenLawns
Court", together with the plats referred to in said petition referred
to as Exhibits "A" and "B", and also tendered to the City a. Quit Claim
Deed from Pearl 'N. Hartzell and wife, covering the land described in
said petition as "Tenlawns Court" to be used as a public street. Com-
missioner Breon moved that consideration of said petition and deed be
deferred for one week. Carried.
Bids for the curbing, guttering and grading of the follow-
ing streets:
BELOIT AVENUE from Fourth Street to Osborne Street;
KIRWIN AVENUE from Ninth Street to Pershing Street;
JEWELL AVENUE from South Court Place to Lot 4, Parkview Addition;
SEVENTH STREET from Harsh Street to Hamilton Street;
JOHNSTOWN AVENUE from Columbia Avenue to Oakdale Avenue;
BIIELFTH STREET from Prescott Avenue to Crawford Avenue;
HANCOCK STREETfrom Crawford Avenue to Illinois Street;
MOST STREET from Tenth Street to E]e venth Street;
EIGHTH STREET from Pacific Avenue to Woodland Avenue;
CHARLES STREET from Eleventh Street to Twelfth Street; and
ELLSWORTH AVENUE from Pershing Street to Furiston Street,
submitted by H. J. Taylor Construction Company and Johnson Bros.
Construction Company, accompanied by certified checks, were opened and
read, and the City Engineers preliminary estimate of cost was read.
It appearing that none of the bidsw ere within the Engineer's estimate, —
Commissioner Ferm moved that all bids be rejected, and that the certified
checks be returned to the bidders, and that the improvements be con-
structed by the City under the direction of the City Engineer as provid-
ed by law, and that the City Engineerproceed to construct such im-
provements, and purchase the necessary tools, apparatus and materials,
employ the necess,ry labor for doing such work, all within the amount
of the Engineers Estimate of cost. Motion carried.
An ordinance was introduced entitled: "An ordinance making
appropriation from the Waterworks Department Fund to W. P. A. Project
No. 7118-3-S Account." I
On motion of Commissioner Ferm the ordinance was read and adopt-
ed by sections and on its final adoption the roll was called and the
following vote was had; Ayes: Morgenstern, Branson, Breon and Ferm
(4) Nays: (0) Commissioner Mitchell deceased. Mayor approved the
ordinance and it is numbered A-41.
A resolution was introduced entitled: "A Resolution relat-
ing to issuance of Temporary Note in the amount of $1467.56 (17PA Pro-
ject No. 7118-3S)."
Onmtion of Commissioner Breon the resolution was adopted as
read and on its final adoption the roll ;vast alled and the following
vote was had; Ayes: Morgenstern, Breon, Branson and Ferm (4) Nays:
(0) Commissiore r Mitchell deceased. 1Ylayor approved the resolution
and it is numbered 774.
The above resolution is recorded in full on Page 140 Resolution
Book Number 3.
An ordinance was introduced entitled: "An ordinance making ap-
propriation for the payment of certain claims."
On motion of Commissioner Ferm the ordinance was read and adopt;,
ed by sections and on its final adoption the roll was called and the
following vote was had; Ayes: Morgenstern, Branson, Breon and Ferm
(4) Nays: (0) Commissioner Mitchell deceased. Mayor approved the
ordinance and it is numbered A-42.
The resolution of the Board of County Commissioners of Saline
County, Kansas, dated August 16, 1939, authorizing compromise of taxes
amounting to y1�762.86 for the years 1928 to 1938, both inclusive, on
the south 4Q feet of Lot 37, on Seventh Street in Salina, Kansas, for
the sum of 4MO.00 was again presented to the Board of Commissioners
for consideration. Commissioner Ferm moved that the action of the
Board of County Commissioners be approved and that the compromise be
authorized by the Board of Commissioners of the City of Salina, and
that the City Clerk be authorized to certify such action to the County
Clerk of "'aline County, Kansas. Motion carried.
Mayor Llorgenstern submitted the names of John Frederick, E. D.
Martin and L. W. Carl, to act as appraisers in ascertaining the valua-
tion of certain lots and pieces of ground liable to special assessment
for the cost of curbing, guttering and grading the following streets:
BELOIT AVENUE from Fourth Street to Osborne Street;
KIRININ AVENUE from Ninth Street to Pershing Street;
JEIVELL AVENUE from South Court Place to Lot 4 Parkview Addition;
Street �'treet;
SEVENTH STREET from Harsh to Hamilton
JOHNSTOWN AVENUE from Columbia Avenue to Oakdale Avenue;
T`,"JELFTH STREET from Prescott Avenue to Crawford Avenue;
HANCOCK STREET from Crawford Avenue to Illinois Street;
FROST STREET from Tenth Street to Eleventh Street;
EIGHTH STREET from Pacific Street to Woodland Avenue;
CHARLES STREET from E]e venth Street to Twelfth; and
ELLSWORTH AVENUE from Pershing Street to Dunston Street.
On motion of Commissiorie r Ferm the appointments were confirmed
by the Board of Commissioners. Motion adopted.
Application for taxicab license No. 13, was presented by De Luxe
Cab Company, Operator and G. E. French, owner, with title certificate
and evidence of insurance. Commissioner Breon moved that application
be approved by the Board of Commissioners and that license be issued.
Ivotion adopted.
A communication was received from Chief of Police, D.K. Fitch,
informing the Board of Commissioners of the conviction in Police Court
of Joseph T. Burnley, an employee of Orville R. Benwell, doing business
as Jack's Cafe, 215 North Santa Fe Avenue, of selling cereal and malt
beverages on Sunday, in violation of the provisions of Section 7 of
Ordinance Number 4741. Commissioner Branson moved that the City Clerk
give Orville R. Benwell a five day notice of a hearing to be held by
the Board of Commissioners on September 11 1939 at 4:30 P. M. for the
determining 6ereal
purpose of whether or not the and Malt Beverage Li-
cense issued to said Orville R. Benwell on February 13, 1939, being
License No. 6728, should be revoked as provided by law and by said
ordinance. Motion carried.
On motion of Commissioner Breon the Board of Commissioners ad-
journed.
City Clerk