04-22-1940 MinutesCOMMISSIONERS PROCEEDINGS, REGULAR MEETING.
COMMISSIONERS ROOM,
SALINA, KANSAS.
APRIL 22, 1940.
Regular meeting of the Board of Commissioners April 22, 1940 . Meeting was
called to order by Mayor Morgenstern, the roll was called and Commissioners Mor-
genstern, Branson, Breon, Ferm and Price and City Attorney Norris responded.
The minutes of the Regular Meeting of April 15, 1940 were read and approved
as read.
Commissioner Breon moved that the City repeal the Plumbing Board Ordinance.
Motion adopted.
Leon Geer, Adjutant of the Salvation Army, appeared before the Board of
Commissioners in regard to assistance in seeking a place to care for transients
asking for lodging.
A petition was presented protesting against the curbing and guttering of
Second Street from Ash Street to Elm Street. Referred to the City Engineer.
Mausoleum Deed for the sale of Companion No. 2, Row "A" in the Hillcrest
Memorial Mausoleum, to Mrs. W. S. Heusner, was presented to the Board of Commission-
ers. On motion of Commissioner Breon the Mayor was authorized to sign the deed
on behalf of the City of Salina, Kansas. Motion adopted.
A petition was presented asking for the construction of a sanitary sewer
in alley between Second Street and Third Street from Pacific to Forrest. Petition
referred to the City Engineer.
An ordinance was introduced for first reading entitled: "An ordinance pro-
viding for the curbing and guttering and grading of Oakdale Avenue from the north
line of Ash Street to the south line of Elm Street; TZt_h Street from the center
line of Pacific Avenue to the center line of Harsh Avenue; FrostStreet from the
west line of Eleventh Street to the east line of Sherman Street; Brown Street from
the west line of Eleventh Street to the east line of Sherman Street; Tenth Street
from the south line of Franklin Street to a point 300 feet south of the south line
of Franklin Street; and for the paving of the alley lying between Santa Fe Avenue
and Fifth Street from the south line of Ash Street to the north line of Iron Avenue,
and providing for the cost of such improvements and how the same shall be assessed
and the manner of payment therefor. Referred to the Board of Commissioners.
A resolution was introduced on second reading entitled: "A Resolution relat-
ing to the curbing, guttering and grading of Montrose Street from the south line of
Charles Street to the north line of Crawford venue.
On motion of Commissioner Branson the resolution was read and adopted as read
and on its final a doption the roll was called and the following vote was had; Ayes:
Morgenstern, Branson, Breon, Ferm and Price (5) Nays: (0) Mayor approved the
resolution and it is numbered 786.
3.
The above resolution is recorded in full on Page 155 Resolution Book Number
A resolution was introduced for second reading as follows:
R ESO LUT ION N0. 787
WHEREAS, Section 12-824, 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
WHERAS, 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 inhabitants and through said City and beyond the
limits thereof, prescribing the terms thereof and relating thereto, and repeal-
ing all ordinances or parts of ordinances inconsistent with or in conflict with
the terms hereof."
THEREFORE, 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 muse 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 (JL0) days by ublieation In the Salina
Journal, being a daily newspaper of general circulation in he City of al ma, Kansas,
which notice shall be substantilly as follows:
—NOTICE—
Notice
N0TICE_
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,
j
a corporation, its successors and assigns, in form as follows:
ORDINANC E 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
electrical 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.
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BE IT ORDAINED 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, 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 inhabitants, 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 $5000.00.
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
I avoid damage or injury to persons or property, and shall h old and save harmless
! the City of Salina, Kansas, from any and all d amage, 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 ofr�t-his ordinance, said Company shall file with the City Klerk of said
City of Salina, Kansas, its unconditioned written acceptance of this ordi-
nance,
Section 5. Any all ordinances in conflict with the terms hereof are
hereby repealed.
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.
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Introduced, April 1, 1940.
Passed,
j
Attest: mayor
Clt-y-clerk
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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
twenty days after the date of the first publication of said notice, ten per cent
(lOf) of the legal electors of said city petition the Board of Commissioners to
submit he same to a vote of the electors 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 22nd day of April 1940.
iChas. E. Banker
C xty Clerk
C]
1
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Said publication shall be made once each week for four (4) consecutive
weeks in said daily paper.
Section 2. That the costs of publication of said notice, and of this
resolution, and of ordinance when and if the same is adopted, and 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.
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 22nd day of April 1940.
(SEAL) Ed Morgenstern
Mayor
Attest:
Chas. E. Banker
City Ilerk
On the final adoption of the resolution the roll was called and the
following vote was had; Ayes: Branson, Ferm and Price (3) Nays: Morgenstern
and Breon (2) Mayor approved the resolution and it is numb erect 787.
The above resolution is recorded in full on Pages numbered 156, 157 and
158, in Resolution Book Number 3.
Commissioner Morgenstern explained his vote as follows:
"My "No" vote on the franchise resolution
as presented does not necessarily mean that I
favor Municipal ownership of the Light Plant.
As a Commissioner it is my duty to make
the best deal possible for Salina.
I do not feel that this proposed franchise
resolution is the best proposition that we could
have obtained for the City.
Commissioner Breon explained his vote as follows:
The reason for me voting "No" on the present
Resolution was because I thought the City of
Salina deserved a better Franchise than they
are getting.
On motion of Commissioner Ferm the Board of Commissioners adjourned.