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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. i 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. I Introduced, April 1, 1940. Passed, j Attest: mayor Clt-y-clerk 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 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 L 1 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.