04-01-1940 MinutesCOMP; ISSIONERS PROCEEDINGS, REGULAR TARETING.
COI,21ISSIONERS ROOM,
S1'=N1:, KANSAS.
IPRIh 1, 1940.
Regular meeting of the Board of Commissioners April 1, 1940. lleeting
was calle<1. to order by LIalror j'Iorgenstern, the rcll was called Fwnd Commissioners
Morgenstern, BrYnson and Ferm and City Attorney Norris responded. Commissioners
Breen and Price absent.
The minutes of the Regular Meeting of P:!arch 25, 1940 were reed and
approved as read.
CoIrrrgiGsiorer Ferm moved that the proceedings had at the meeting of the
Board of Commissioners on ids-rch 25, 1940, relating to the introduction of an
ordinance granting a franchise to The Kansas Power and light Company be rescinded
and set aside and that the ordinance introduced on n,Iarch 25, 1940 relating to
j such franchise be withdrawn. Motion carried.
Commissioner Ferm offered for introduction an ordinance, said ordinance
being in words and figures as follows:
"AN ORDINANCE granting to The Kansas Power and Light Company, a Kansas corpo-
ration, its successors and assigns, the right to occupy and use the
streets, avenues, alleys, bridges, parks, parkings and other public
places in the City of Salina, Kansas, for the purpose of selling and
di_:tributing electrical energy to the City of Salina, Kansas, Pnd its
inhabitants and through said City and beyond the limits therhof, pre-
scribing the terms thz,,reof an(} relating thereto, and repealing all
ordinances or -arts of ordinances inc )nsistent with or in conflict, with
the terms hereof.
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"Br IT ORDIITED by the Board of Commissioners 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 to The
Kansas Power and Light Company, a Kansas corporation, hereinafter sometimes
designated as Company, the right, privilege and authority, for a period of
ten years, 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
inbatitants, and through said City and beyond the limits thereof; to obtain
said electric energy 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. In lieu of any special tax, assessment, license or rental
charge by the City during the term of this right, and as a further consideration
for this right, the Company, its successors or assigns, shall pay annually on
July 1st to the City of Salina, Kansas, the sum of $5,000.00.
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SECTION 3. That the Company, its successors and assigns, in the con-
struction, 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 or assigns, or its or their
r agents or servants.
SECTION 4. That within thirty (30) days from and after the passage and
i 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. Any and all ordinanc es in conflict with the terms hereof are
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hereby repealed.
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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 and publication
as required by law and its acceptance as above provided.
Introduced, 1940
Passed _ _1940
Attest:
Mayor
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.._..____._._City Clerk
! Thereupon, Commissioner Form moved that said ordinance be introduced
and placed on first reading, and said motion prevailed, and said ordinance was
read.
Thereupon, Commissioner Ferm moved that a Resolution be introduced instruct-
ing the City Clerk to cause notice to be published on the proposition to grant an
electric franchise to The Kansas Power and Light Company, its successors and assigns,
as contained in said ordinance, and on a vote duly taken, said motion prevailed
and said resolution was introduced, the same being in words and figures as fol-
lows:
RESOLUTION NO.
WHEREAS, Section 12-324, General Statutes of Kansas, 1935, provides that
notice shall be given for twenty (20) days by publication in a newspaper of
general circulation in the City of the proposition to grant a franchise; and
HI EREAS, an ordinance has been presented and read for the first time,
being an ordinance entitled:
"AN ORDINANCE granting to The Kansas Power and Light Company, a Kansas corporation,
its successors and assigns, the right to occupy and use the streets, avenues,
alleys, bridges, parks, parkings and other public places in the City of
Salina, Kansas, for the purpose of selling and distributing electrical
energy to the City of Salina, Kansas, and its ihnabitants and through said
City and beyond the limits thereof, prescribing the terms thereof end
relating thereto, and repealing all ordinances or parts of ordinances
inconsistent with or in conflict with the terms hereof."
TH-REFORE, BE IT RESOLVED by the Board of Commissioners of the City of Salina,
Kansas:
SECTION 1. That the City Clerk be and he is hereby instructed and
directed to cause notice of the proposition to grant an electric franchise to The
Kansas Power and Light Company, its successors and assigns, as contained in a
proposed ordinance hereinafter set forth, to be given for twenty (20) days by
publication in the Salina Journal, being a daily newspaper of general circulation
in the City of Salina, Kansas, which notice shall be substantially as follows:
NOTICE
Notice is hereby given of a proposition to grant an electric franchise
by ordinance of the City of Salina, Kansas, to The Kansas Power and Light Company,
a corporation, its successors and assigns, in form as follows:
ORDINANCE NO.
AN ORDINANCE granting to The Kansas Power and Light Company, a Kansas corporation,
its successors and assigns, the right to occupy and use the streets,
avenues, alleys, bridges, parks, parkings and other public places in the
City of Salina, Kansas, for the purpose of selling and distributing elec-
trical energy to the City of Salina, Kansas, and its inhabitants and
through said City and beyond the limits thereof, 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 BOARD OF C019,,IISSION�JRS OF THE CITY OF SALINA, KANSAS:
SECTION 1. That in consideration of the benefits derived by the
City of Salina, Kansas, and its inhabitants, there is hereby granted to The Kansas
Power and Light Company, a Kansas corporation, h_,reinr:fter sometimes designated as
Company, the right, privilege and authority, for a period of ten years, to occupy
and use the several struts, avenues, alleys, brid- es, parks, parkings and public
places of said City, for the placing and maintaining of equipment and property neces-
sary to carry on the busines of selling and sistributing electricity for all pur-
poses, to the City of Salina, Kansas, and its inhabitants, and through said City
and beyond the limits thereof; to obtain said electric energy for any source available
and to do all things necessary or proper to carry on said business in the City of
Salina, Kansas.
SEC^1ION 2. In lieu of any special tax, assessment, license or rental
charge by the City during the term of this right, and as a .further consideration for
this right, the Company, its successors or assigns, shall pay annually on July 1st
to the City of Salina, Kansas the sum of $5,000.00
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 in-
jury to persons or property, and shall hold and save harmless the City of Salina,
Kansas, from any all damage, injury and expense caused by the sole negligence of said
Company, its successors or assigns, or its or their agents or servants.
SECTION 4. That within thirty (30) 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.
SECTION 5. Any and all ordinances in conflict with the terms hereof are
hereby repealed.
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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 and publication as
required by law and its acceptance as above provided.
Introduced April 1, 1940
Passed 1940
Mayor
Attest:
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City Clerk
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j I Notice is further given that said ordinance will be passed and adopted
by the Board of Commissioners of the City of Salina, Kansas, unless on or before
I the __day of 1940, ten per cent (10%) of the legal electors of said
City petition the Board_of Commissioners to submit the same to a vote of the elect-
ors of the City of Salina, Kansas.
This notice is published and given in accordance with the provisions of a
resolution adopted by the Board of Commissioners of the City of Salina, Kansas, on
the __-day of
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C ity C 1 e-rk ~�~
Said publication shall be rade on _
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for
-.-- __----.for four (4) consecutive weeks in said daily paper.'
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SECTION 2. That the costs of publication of said notice, and of this resolu-
tion and of said ordinance and of said ordinance when and if the same is adopted, ani
the cost of any special election, if a special election is required to be called
and held for the submission of said franchise proposition to a vote of the people,
shall be paid by The Kansas Power and Light Company.
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SECTION 3. This resolution shall take effect after its publication once
in the official City paper.
Introduced April 1, 1940
Passed by the Board of Commissioners on the day of 1940.
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rJayor _---
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Attest:
-City Cler'k_�._______._..
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The City Attorney called to the attention of the Board of Commissioners
the fact that a number of taxicab owners and operators had apparently transferred
the cabs covered by their licenses to other operators without having applied for
or recaived approval of the Board of Commissioners to the transfer or assignment
of the licenses covering such cabs. Commissioner Ferm moved that they be .
given an opportunity before the next Regular meeting of the Board of Commissioners
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to make application for the approval of such changes and transfers, and that no
action to forfeit such licenses be taken until they had opportunity to make such
iapplications. Motion carried.
An ordinance was introduced entitled: "An ordinance making appropriation for
the payment of certain claims."
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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
j had; Ayes: Morgenstern, Branson and Ferm (3) Nays: (0) Commissioners Breon
iand Price absent. Mayor approved the ordinance and it is numbered A-67.
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Application for Cereal Malt Beverage License for the ,year 1940 received as
follows:
GEN�-,RAL R TAIL_,,R CLASS "A" INDIVIDUAL
Application Number Name of Applicant Name and Location of_
Place of Business
49 Virginia Guest Sunflower Barbecue
729 North Santa Fe Avenue
Commissioner Ferm moved that application be approved and license granted.
Motion adopted.
Resignation was presented from Carl S. Byers as a member of the Board of
Directors of the Gypsum Hill Cemetery. On motion of Commissioner Ferm the same was
accepted by the Board of Commissioners.
A petition was presented asking for the curbing and guttering of Eighth
Street from the north line of Harsh to the south line of Hamilton Streets. Referred
to the City Engineer.
On motion of Commissioner Branson the Board of Commissioners adjourned to meet
Wednesday, April 10, 1940 at 4:30 P. M. instead of Monday, April 8, 1940.
City C 1 erk