05-09-1932 MinutesDC U 2
COMMISSIONERS PROCEEDINGS, REGULAR MEETING.
COMMISSIONERS ROOM,
SALINA, KANSAS.
MAY 9, 1932.
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Regular meeting of the Board of Commissioners, May 9th, 1932.
Meeting was called to order by Mayor Steve nson, the roll was called
and Commissioners Ste venson, Benfield and Spaeth and City Attorney
Norris responded. Commissioners Morey and Pafford absent.
The minutes of the Regular Meeting of Mai 2nd, 1932 were read
and approved as read.
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Paving remonstrances heard as follows:
Protest on curbing and guttering of Ohio Street from Iron
Avenue to Gypsum Avenue, with report of City Engineer showing that
resident owners of less than 50% of property liable for assessment for
improvement signed protest, was read. Protestors were heard orally.
On motion of Commissioner Spaeth and seconded by Commissioner
Benfield protest was deemed -insufficient and that ordinance be intro-
duced for the improvement and on its final adoption the roll was
called and the follow
in vote was had;. Ayes: Stevenson, Benfield
and Spaeth (3) Nays: 10) Commissioners Morey and Pafford absent.
Protest against the curbing, guttering and paving of Columbia
Avenue from Elm Street to Ash Street, with report of City Eng nY a rr
sT!owing protest signed by resident owners of more than 50% of proper-
ty liable for taxation was read.
On motion of Commissioner Spaeth and seconded by Commissioner
Benfield the protest was declared to be .'.:sufficient and the proposed
work not be done, and on its final adoption the roll was called and
the follows vote was had; Ayes; Stevenson, Benfield and Spaeth _
(3) Nays: �0) Co mmissioners Morey and Pafford absent.
Protest against the curbing, guttering and paving of Jewell
Avenue from Ninth Street to Eleventh Street, with report 07 fffy
ng neer showing protest signed by less than 50% of property subject
to taxation was read.
Moved by Commissioner Benfield and seconded by Commissioner
Spaeth that protest be deemed insufficient and that ordinance be
introduced for the work, and on its final adoption the roll was called
and the following vote was had; Ayes: Stevenson, Benfield and
Spaeth (3) Nays: (0) Commissioners Morey and Pafford absent.
Protest against the curbing and guttering of Frost Street from
Ninth Street to Sherman Street, with report of Cityg neer sf�owing
protest signed by more than 50% of resident owners of property liable
to assessment was read.
Moved by Commissioner Benfield and seconded by Commissioner
Spaeth that protest be deemed sufficient and proposed work be not
done# and on its final adoption the roll was called and the following
vote was had; Ayes: Stevenson, Benfield and Spaeth (3) Nays: (0)
Commissioners Morey and Pafford absent.
Protest against the curbing and guttering of Chica o Street
from Walnut Street to State Street, with report of City Eng1neer
showing protest slAned by less than.50% of resident owners of proper-
ty liable to assessment was.read.
Moved by Commissioner Spaeth and seconded by Commissioner Ben-
field that protest be deemed insufficient and that brdinance be intro-
duced for proposed improvement, and on its final adoption the roll was
called and the follows vote was had; Ayes: Stevenson, Benfield
and Spaeth (3) Nays: T0) Commissioners Morey and Pafford absent.
Mausoleum Deeds (Hillcrest Memorial), to R. N. Camp for crypts
436 and 437 and to C. W. McBride for crypts 336 and 337, were re-
ceived.
Moved by Commissioner Spaeth and seconded by Commissioner
Benfield that Mayor be authorized to sign deeds. Motion carried.
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Trust Deed in the amount of $75.00 received from James W. Rice
for the south one-half of Lot Nine Block five in the Gypsum Hill
Cemetery.
Commissioner Benfield moved that same be accepted by the Board
of Commissioners, and that the City Treasurer be instructed to
place the deposit in the Gypsum Hill Cemetery Endowment Fund as pro-
vided by Ordinance Number 3530 of the City of Salina. Motion carried.
A proposed agreement between the City of Salina, the Atchison,
Topeka & Santa Fe Railway Company and Union Pacific Railroad Company
relating to the paving of a portion of North Street, to the widening
and extending of such street, and acquiring and paging for addition-
al land for such purpose, was presented and read.
A G R E E M E N T
AGREEMENT, Made this 9th day of May, 1932, between The City
Of Salina, a municipal corporation of the State of Kansas,(herein-
after called the "City") party of the first part, The Atchison,
Topeka & Santa Fe Railway Company, a Kansas corporation, (hereinafter
called the "Atchison Company") party of the second part, and the
Union Pacific Railroad Company, a Utah corporation, (hereinafter called
the "Pacific Company") party of the third part, said parties of the
second and third parts being hereinafter for convenience sometimes
collectively called "Railway Companies".
R E C I T A L S:
The Board of Commissioners of the City
(a) on September 22, 1930 passed Ordinance
No. 3964 and
(b) on March 2, 1931 passed Ordinance No. 4026,
relating to appropriation and condemnation of that part of
Lot 23, Block 10 in Calkins Addition in the City of Salina, Saline
County, Kansas, described as follows, to -wit:
Commencing at the Southwest corner of Lot 230
Block 10 in Calkin's Addition; thence East
to the Southeast corner of said lot; thence
North 12.5 feet; thence northwesterly in a
straight line to the Northwest corner of
said lot; thence south to point of beginning.
for the opening and widening of North Street east of the inter-
section of North Street and Santa Fe Avenue in the City of Salina,
Saline county, Kansas.
On November 16, 1931 the Board of City Commissioners
of the City passed Ordinance No. 4119 providing for and requiring
the paving of certain portions of North Street in the City of Salina
between the east line of Santa Fe Avenue and the west line of Fifth
Street, occupied by and lying between tracks of the Railway Companies.
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In lieu of paving those portions of North Street as provided
for and required by said Ordinance No. 4119, the parties hereto have
agreed, subject to the following terms and conditions, to confine the
proposed paving to the above described portion of said Lot 23,
(hereinafter referred to as "Additional Property") and to that portion
of North Street lying north of the aforesaid tracks of the Railway
Companies and between the east line of Santa Fe Avenue and the west
line of Fifth Street, the proposed paving of North Street (including
the Additional PropertT) being hereinafter for convenience referred
to as "Proposed Paving'.
For the purpose of this agreement the cost of the
Additional Property is estimated at One thousand Five Hundred
Dollars ($1500.00) and the proposed paving is estimated to cost
One Thousand Eight Hundred Seventy-eight and No/100 Dollars
(1878.00).
A G R E E M E N T:
In consideration of,
(a) the payment by the Atchison Company to the City of the
sum of One Thousand Five Hundred Seventy -Six and 80/100 Dollars
(1576.80) representing sixty per cent (60%) of one-half of the esti-
mated cost of the Additional Property plus sixty per cent (60%) of
the estimated cost of the Proposed Paving and
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(b) the payment by the Pacific Compan to the City of
the sum of Nine Hundred Ninety -Nine m1d No/100 Dollars ($999.00)
representing forty per cent (40%) of one-half of the estimated
cost of the Additional Property plus thirty-seven and twenty-two
hundredths per cent (37.220 of the estimated cost of the Proposed
Paving,
the receipt of which is hereby acknowledged by the City, the
City agrees as follows:
1. That in the event,
(a) the actual cost of the Additional Property shall be
less than the estimated cost as aforesaid, sixty per cent (60;x)
of one-half of such difference shall be repaid to the Atchison
Company and forty per cent (40%) of one-half of such difference shall
be repaid to the Pacific Company,
(b) the actual cost of the Proposed Paving shall be less
than the estimated cost aforesaid, sixty per cent (60%) of such
difference shall be repaid to the Atchison Company;
(c) forty per cent (40% of the actual cost of the Proposed
Pavin shall be less than thirty-seven and twenty-two hundredths per
cent T37.22%) of the estimated cost thereof, such difference shall
be repaid to the Pacific Company,
but in no event shall the Railway Companies or either of them be re-
quired to make any further payments toward the cost of the Additional
Property or the cost of the Proposed Paving.
2. That it will, at its own expense, (except as otherwise
provided in the foregoing Section 1) acquire the Additional Property
and place and maintain the Proposed Paving.
3. That it will and does hereby release the Railway Companies
and each of them from all obligations imposed upon the Railway
Companies by the aforesaid ordinances and that no special assessments
shall be made or levied against the property of the Railway Companies
or either of them to pay any part of the cost of the Additional
Property or the Proposed Paving and that no property of either of the
Railway Companies shall be included in any benefit district or
charged with any expense (except as provided in Section 1 of this
agreement) of widening or paving North Street between the east line
of Santa Fe Avenue and the west line of Fifth Street in said City.
4. That this agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns.
r IN WITNESS WHEREOF, the City has executed this agreement in
triplicate the day and year first above written.
THE CITY OF SALINA,
By, M. A. Stevenson
Its Mayor
Commissioner Spaeth moved that the proposed agreement be approved
and entered into on the part of the City of Salina, and that the
Mayor be authorized to sign same in behalf of the City, to take effect
upon the payment to the City by said Railway Companies of the amounts
provided for therein, and that such contract be entered as a part of
the minutes of this meeting. The motion was seconded by Commissioner
Benfield and was duly carried.
A petition was presented protesting against the City Dump lo-
cated one mile west of the city on State Street Road. Same was
ordered filed.
An ordinance was introduced for first reading entitled: "An
ordinance providing for the paving of Sunset Drive from the west line
of Highland Circle to the west line of Pershing Streets and providing
for the cost thereof, how the same shall be assessed and the manner
of payment therefor."
On motion of Commissioner Benfield same was referred to the
Board of Commissioners.
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An ordinance was introduced for first reading entitled: "An
ordinance providing for the paving of Highland Circle from the south
line of Ellsworth Avenue to the north line of beloolt Avenue, and pro-
viding for the cost thereof, how the same shall be assessed and the
manner of payment therefor."
On motion of Commissioner Spaeth same was referred to the Board
of Commissioners.
An ordinance was introduced for first reading entitled: "An
ordinance providing for the curbing, guttering and paving of Kirwin
Avenue from the east line of Santa Fe Avenue to the west line of
FourStreet, and providing for the cost thereof, how the same shall
be assessed and the manner of payment therefor."
On motion of Commissioner Benfield same was referred to the Board
of Commissioners.
An ordinance was introduced for first reading entitled: "An
ordinance providing for the curbing and guttering of Ohio Street from
the south line of Iron Avenue to the north line of Gypstam Avenue, and
providing for the cost thereof, how the same shall be assessed and the
manner of payment therefore"
On motion of Commissioner Spaeth same was referred to the Board
of Commissioners.
An ordinance was introduced for first reading entitled: "An
ordinance providing for the paving of Jewell Avenue from the west
line of Ninth Street to the east line of Eleve—RE-ZTreet and for the
curbing, and gutterini the south side of Jewell Avenue between Tenth
and Eleventh Streets.;providing for the cost thereof, how the same shall
be assessed and the manner of payment therefor."
On motion of Commissioner Benfield same was referred to the Board
of Commissioners.
An ordinance was introduced for first reading entitled: "An
ordinance providing for the widening of North Street between Santa Fe
and Fifth Street; providing for and autHorizing the acquisition by
the City of Salina by purchase of certain land for such purpose;
providing for and authorizing the paving, curbing and guttering of a
portion of North Street, as widened, between Santa Fe Avenue and Fifth
Street, the construction of a sidewalk on the north side of such
street, and repealing Ordinance Number 4119 of the City of Salina."
On motion of Commissioner Spaeth same was referred to the Board
of Commissioners.
An ordinance was introduced for first reading entitled: "An
ordinance providing for the repair or reconstruction of the pavement at
the intersection of Ohio Street and Ash Street; and in certain portions
of Ash Street in the City of Salina, and providing for the payment of
the cost thereof."
On motion of Commissioner Benfield same was referred to the Board
of Commissioners.
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An ordinance was introduced for first reading entitled: "An
ordinance providing for the curbing, guttering and paving of Front
Street from the south line of Walnut Street, south to the Smo
Hill River, and providing for the cost thereof, how the same shall be
assessed and the manner of payment therefore"
On motion of Commissioner Benfield same was referred to the Board
of Commissioners.
An ordinance was introduced for first reading entitled: "An
ordinance for the
providing curbing and guttering of Chicago Street
from the south line of State Street to the north lin Walnut Street,
and providing for the cost thereof, how the same shall be assessed
and the manner of payment therefor."
On motion of Commissioner Spaeth same was referred to the Board
of Commissioners.
An ordinance was introduced for first reading entitled: "An
ordinance providing for the paving of Jewell Avenue from the west
line of Ninth Street to the east line of Eleve—RE-ZTreet and for the
curbing, and gutterini the south side of Jewell Avenue between Tenth
and Eleventh Streets.;providing for the cost thereof, how the same shall
be assessed and the manner of payment therefor."
On motion of Commissioner Benfield same was referred to the Board
of Commissioners.
An ordinance was introduced for first reading entitled: "An
ordinance providing for the widening of North Street between Santa Fe
and Fifth Street; providing for and autHorizing the acquisition by
the City of Salina by purchase of certain land for such purpose;
providing for and authorizing the paving, curbing and guttering of a
portion of North Street, as widened, between Santa Fe Avenue and Fifth
Street, the construction of a sidewalk on the north side of such
street, and repealing Ordinance Number 4119 of the City of Salina."
On motion of Commissioner Spaeth same was referred to the Board
of Commissioners.
An ordinance was introduced for first reading entitled: "An
ordinance providing for the repair or reconstruction of the pavement at
the intersection of Ohio Street and Ash Street; and in certain portions
of Ash Street in the City of Salina, and providing for the payment of
the cost thereof."
On motion of Commissioner Benfield same was referred to the Board
of Commissioners.
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An ordinance was introduced for first reading entitled: "An
ordinance authorizing and providing for the issuance of ImprQVement
Bonds of the City of Salinas Kansas in the sun of 1,A1 -0.x#5 -9O'57.,' to
pay the cost of constructing certain storm sewers in said City."
On motion of Commissioner Spaeth same was referred to the Board
of Commissioners.
On motion of Commissioner Spaeth the Board of Commissioners
adjourned*