09-18-1939 MinutesCOMMISSIONLRS PROCEEDINGS, REGULAR MEETING.
CONIISSIONERS ROOM,
SALINA, KANSAS.
SEPTEMBER 18, 1939.
Regular meeting of the Board of C ommissioners September 18,
1939. Meeting was called to order by Mayor korgenstern, the roll
�,. was called and Commissioners Morgenstern, Branson, Breon and Ferm and
City Attorney Norris responded. Commissioner Mitchell deceased.
The minutes of the Regular Meeting of September 11, 1939 were
read and approved as read.
Applicationsfor taxicab drivers license for the balance of 1939
was received as follows:
G. E. Meneley .
Leland V. Rock
Marion D. Shannon..
Commissioner Ferm moved that applications be approved and that
license be granted. I4otion adopted.
Application for taxicab license No. 36 was pesented by De Luxe
Cab Company, operator and Dale W. Boyce owner, with receipt for title
certificate and evidence of insurance. Commissioner Breon moved that
application be approved by the Board. of Commissioners and that license
be granted. Motion adopted.
Ray "lorcester appeared before the Board of Con�missiore rs and
asked permission to construct a covered shed on Lot 37, Seventh
Street. Commissioner Ferm moved that a permit be granted with the
understanding that if at any time it becomes a fire hazsrd it would
be removed. Motion adopted.
The matter of L. D. O'Neil for permit to construct an enclosed
porch at 610 North Ninth 6tre_t was again presented to the Board of
Commissioners, and Commissioner Breon moved that application be ap-
proved by the Board of Commissioners, notion adopted.
Commissioner Breon moved that the Cereal Malt Beverabe License
issued to 0. R. Benwell by the Board of Commissiore rs Februar;,7 13,
1939, being License No. 6728, issued under Ordinance No. 4741 to said
0. R. Benwell, as a General Retailer Class "A" Individual, for his
place of business at 215 North Santa Fe Avenue, to be carried on under
the name of Jack's Cafe be revoked, for the reason that said 0. R.
Benwell has permitted the sale of cereal malt beverages on Sunday.
The motion was duly carried by the unanimous vote of the Board of
Commissioners, and the City Clerk was instructed to revoke such license
on his records and toc ause notice of such revocation to be served
upons aid 0. R. Benwell by the Chief of Police. Motion adopted.
A resolution was received from the Board of County Commission-
ers of Oaline County, Kansas, d ated September 13, 1939, authorizing
compromise of taxes amounting to X363.38 for the years 1928 to 1935 both
inciusive,and also the year 1938, on Lot 12, Front Street, Original
Townsite of `'alina, Kansas, for the sum of 4200.00. Commissioner Bran-
son moved that the action of the Board of County Commissioners be
approved and that the compromise be authorized by the Board of Commis-
sioners of the City of Salina, and that the City Clerk be authorted to
to certify such action to the County Clerk of 6aline County, Kansas.
Motion carried.
The following petition signed by Fred R. 1idams and 629 others
was presented:
PETITION
To the Hon. Fayor and The Board
of C ommissioners, of the City of
Salina, Kansas:
Ve, the undersigned resident tax -payers and
qualified electors of the City of Salina, Kansas,
respectfully petition you:
(1) To take the necessary steps to acquire
for and in the name of said city the electric light
and power plant now operating and furnishing current
in said city, by adoption of the resolution provided
for by Section 12-811 Revised Statutes and by use of
all other proceedings provided for in Sections 12-011
to 12-820 inclusive Revised Statutes or by the use of
any other applicable laws and proceedings.
(2) To purchase the said plant or
(3) Construct an electric light and power
plant to furnish electric current to the resi-
dents of said city, and
(4) To provide for raising the money
recuired for a municipally owned electric light
and power plant, by calling an election to
vote bonds or otherwise.
(5) That you do not renew the existing
franchise under which the present electric
light and power service is being furnished,
upon expiration of such franchise.
The above mentioned petition was referred to the City
Attorney.
An ordinance was introduced entitled: "An ordinance making
appropriation for the payment of certain claims."
On motion of Commissioner Branson the ordinance was read and
adopted 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-43.
An ordinance was introduced for second reading entitled: "An
ordinance authorizing the change of frontage and the replatting of
Lots seven to sixteen inclusive in Block 2, in Brown's Addition."
On motion of Commissioner Breon the ordinance was read and
adopted by sections and on its final adoption the roll was called and
the following vote was had; Ayes: T,,Iorgenstern, Branson, Breon and
Ferm (4) Nays: (0) Commissioner Mitchell dbeeated.Mayor approved
the ordinance and it is numbered 4944.
Automobile Endorsement was received eliminating coverage from
1938 Plymouth Sedan, Idotor WP6-496083, serial No. 1243517, Joe Pickett
owner. City Clerk was instructed to notify 14r. Pickett of such can-
cellation. Iviotion carried.
Automobile Endorsement was received eliminating coverage from
1939 Chevrolt Sedan, Motor No. 2141066, Serial No. 5JB12-7635, Carl
E. Randle owner. City Clerk was instructed to notify Mr. Randle of such
cancellation. Motion carried.
An ordinance was introduced for -second reading entitled:"An
ordinance designating the name of a certain public street and highway
in Salina, Kansas, as and changing the name of certain portions of
Olive Street and Short Street ins aid city to Broadway Boulevard."
On motion of Commissioner Branson the ordinance was read and
adopted 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. Dlayor
approved the ordinance and it is numbered 4945.
An ordinance was introduced for second reading entitled: "An
ordinance repealing certain ordinances of the City of aalina,Kansas." `I
On motion of Commissioner Breon the ordinance was read and
adopted by sections and on its final adoption the roll was called and
the following vote was had; Ayes: IYior.genstern, Branson, Breon and
Ferm (4) Nays: (0) Commissioner Mitchell deeeated.Mayor approved
the ordinance and it is numbered 4946.
An ordinance was introduced for second reading entitled: "An
ordinance regulating the use of poisonous or explosive gases in the
City of Salina, Kansas."
On motion of Commission r Ferm the ordinance was read and
adopted 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 4947.
11
•
An ordinance was introduced for second reading entitled:
"An ordinance providing for the pevying and paying of a license tax
on and regulating, a certain trade, calling or occupation and providing
for the issuance of licenses thereon and providing a penalty for the
violation of this ordinance."
On motion of Commissioner Branson the ordinance was read and
adopted by sections and on its final adoption the roll was called and.
the following vote was had; Ayes: Ivorgenstern, Branson, Breon and
Ferm (4) Nays: (0) Commissioner iv:itchell deceased. ?:"ayor approved
the ordinance and it is numbered 4948.
An ordinance was introduced for second reading entitled: "An
ordinance amending Section 22 of Ordinance No. 1480 being Section 9-113
of the Revised Ordinances of the City of Salina 1925 relating to the
Fire Department.'
On motion of Corimissioner Breom the ordinance was read and
adopted by sections and on its final adoption the roll was called and
the following vote was had; Ayes: .:orgenstern, Branson, Breon and
Ferm (4) Nays: (0) Commissioner Llitchell deceased. T;iayor approved
• the ordinance and it is nLLmbered 4949.
An ordinance was introduced for second reading entitled: "An
ordinance regulating; the possession, offering for sale, giving away,
and/or use of fireworks, blank cartridges, pistols, or other devices,
or other devices from whcih blank cartridges may be fired, and/or
oilier pyrotechnics, providing for a license for -)ersons, firms or corpo-
por--.tions engaging in the sale of rireworks or pyrotechnics not pro-
hibited by the terms of this ordinance and providing; penalties for the
violation of the terms hereof; defining certain nuisances and provic;ing
for the abatement thereof.'
On motion of Comrlissioner Ferm the ordinance was read and adopttr
ed by sections and on its final adoption the tell was called and the
following vote was had; Ayes: :,,:orgenstern, Branson, Breon and Perm
(4) Nays: (0) Commissioner ivitchell deceased. I:ayor approved the
ordinance and it is n unbered 4950.
,Ain ordinance was introduced for second readinn entitled: "An
ordinance relating to and regulating sales by auction of certain kinds
of new and unused merchandise and relating to anal regulating the call-
ing, trade or occupation of conducting auctions of such merchandise,
and providing for and requirinr; a. license for such auction sales and
of those engaged in such calling, trade or occupation, providing penal-
ties for the vi.clation of the provisions of this ordinance and. repeal-
ing Ordinance No. 4394 of the City of 3alirr , and all other ordinances
or parts of ordinances in conflict with this ordinance."
On motion of Cornrnissioner Branson the ordinance was read. and
• adopted by sections and en its final adoption the roll. was called and
the following vote was had; Ayes: 1,orgenstern, Branson, Breon and
Ferm (4) Lays: (0) Commissioner Iaitchell deceased. Payor approved
the ordinance and it is numbered 4951.
An ordinance was introduced for secondreading; entitled: "An
ordinance relating to and regulating taxicabs and the conveyance of
passengers for hire in the City of Salina; fixing fares and rates
therefor; providing for the licensing of taxicabs and the drivers
thereof and the use of taximeters; establishing the rules and regula-
tions for the operation thereof; nuking provisions for the carrying of
liability insurance; providing penalties for the violation of this
ordin^nce and repealin", ordinances nuribers 2948 passed 1�_larch 3, 1924;
3306 passed November 1, 1926; 4625 passed D.Iarch 23, 1936; 4633 passed
April 20, 1936 and 4787 passed October 11, 1937 and 9.11 other ordinances
or parts of ordinances in conflict herewith."
On motion of Commissioner Breon the ordinance was read and
adopted by sections and on its final adoption the roll was called and
the following vote was had; Ayes: P.Iorgenstern, Branson, Breon and
Ferm (4) Plays: (0) Commissioner Ty.itchell deceased. Mayor approved
the ordinance and it is nur:lbered 4952.
An ordinance was introduced for second reading entitled: "An
ordinance regulating vehicular and pedestrian traffic and the use and
parking of vehicles upon the public streets and elsewhere in the City
of aalina, Kansas, defining certain words and terms used herein, and
repealing ordinances numbered 2958, 3209, 3474, 4138, 4476, 4518, 4519,
4320, 4695 and 4851 and all other ordinances and sections of ordinances
in conflict herewith and providing penalties for the violation of this
• ordinance."
On motion of Commissioner Ferm the ordinance was read and _
adopted by sections and on its final adoption the roll was called and
the following vote was had; Ayes: Morc;enstern, Branson, Breon and I
Price (4) Nays: (0) Commissioner Mitchell deceased. Mayor approved
the ordinance and it is numbered 4953.
An ordinance was introduced for second reading entitled: "An
ordinance re.91 xlating the business of plumbing, drainage and ventilation
of buildings and repealing Ordinance Number 2980 and Section 8 of Ordi-
nance 3191 and Ordinance 3464 and all other ordinances or parts tfiereof _
in conflict with this ordinance, and providing a penalty for the viola-
tion of this ordinance."
On motion of Commissioner Branson the ordinance was read and
adopted by sections and on its final adoption the roll was.called and
the following vote was had; Ayes: Morgenstern, Breon, Branson and
Ferm. (4) Prays: (0) Comr.:issioner Mitchell deceased. Nayor app.ro�ved
the ordinance and it is numbered 4954.
Commissioner Breon nominated Lloyd 71. Price as Commissioner to
fill such vacancy and Commissioner Ferm nominated Ira Huntington to
fill such vacancy. On roll call the following vote was had; Commis-
sioners Breon, Branson and I-orF;enstern cast their votes for Lloyd Ire.
Price; Commissioner Ferm cast his vote for Ira Huntington. Lloyd W.
Price having received three votes and Ira Huntington having received one
vote of the four votes cast by the four remaining members of the Board
of Commissioners, and it appearing that Lloyd W. Price has been elected
bbl a majority vote of said Board as a City Commissioner of the City of
Salina to fill the vacancy caused by the death of Commissioner 11. L.
Mitchell, said Lloyd W. Price was thereupon declared to be duly
m elected
as City Commissioner of the City of Salina for the unexpired terof
Pa.. L. I,1itchell, deceased, extending for a period of four years from the
last General City Election held in April 1939 and until his successor is
duly elected and qualified.
On motion of Commissioner Breon the Board of Commissioners
adjourned.
City Clerk