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06-07-1915 Minutes138 COUNCIL PROCEEDINGS. COUNCIL CHAMBER, SAL INA , KAN SAS . JUJILaE 7th, 1915. Regular semi-monthly meeting of the City Council, June 7th, 1915. Mayor Putnam presiding, City Attorney VV. B. Crowther, and the following named councilmen answered to roll call: Miller, Underwood, Carney, Wolff, Swedenburg, Mishler, Hagler, Ostberg, Mathews and Bateman. The minutes of the Regular semi-monthly meeting of May 17th, 1915, were read and approved as read. Ways and Means Committee reported on an ordinance entitled, "An ordinance providing for the salary of the Police Judge, and relating to fines and costs in Police Court, and repelaing Ordinance No. 1097." Councilman Carney moved that the ordinance be read and adopted by sections. Councilman Miller moved that Section One (1) be amended to read 700.00 per year, instead of $900.00 per year. Motion adopted. On the final adoption the roll was called and the f ollowin vote was had; Ayes: Miller, Swedenburg, Mishler and Ostberg. &) Nays: Carney, Wolff, Hagler, Mathews and Bateman. (5) Councilman Underwood not present. There not being a majority, the ordinance was declared not adopted. A petition was received for the paving, curbing, guttering and excavating of Baker street, from Iron Avenue to Walnut Street, together with a certificate from a bonded abstracter certifying the number of resident property owners. The Committee having investigated, and found from the petition that there are 21 resident property owners, 12 having signed said pe- tition., e- tition, which is a majority of the resident property owners. The Cor_mittee reported favorable on said petition. Councilman Mathews moved that Baker Street be paved with verti- cal fiber brick, and the contract be awarded to Watts & Amerman, as per their former bid on paving, curbing, guttering and excavating. An ordinance was introduced, entitled: "An ordinance providing for the paving, curbing, guttering and excavating of Baket Street, in the city of Salina, Kansas, between the south line of Iron Avenue and the north line of Walnut Street, specifying the manner of construction, providing for the cost thereof and the manner of payment and letting the contract therefor." On motion of Councilman Miller the rules of order were suspended for its consideration by the following vote; Ayes: Miller, Underwood, Carney, Wolff, Swedenburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (10) Nays: (None) On motion of Councilman Carney, the ordinance was read and adopt- ed by sections and on its final adoption the roll was called and the following vote was had; Ayes: Miller, Underwood, Carney. Wolff, Swe- denburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (10) Nays: (None) The Mayor approved the same and is numbered 1846. Councilman Carney moved that Iron Avenue be paved 36 feet in width, and that the street car tracks be left unpaved, and on motion the roll was called and the following vote was had; Ayes: Carney, Swedenburg, Mishler, Ostberg and Bateman. (5) Nays: Miller, Under- wood, Wolff, Hagler and Mathews. (5) There being a tie, the Mayor cast his vote in favor of the motion. An ordinance was introduced, entitled: "An ordinance providing for the paving, curbing, guttering and excavating of Iron avenue in the City of Salina, between Penn Avenue and Delaware Street, specifying the manner of consVruction, providing for the cost thereof, and the manner of payment, and letting the contract therefor." On motion of Councilman Carney the rules of order were suspended for its consideration by the following vote; Ayes; Carney, Wolff, Swedenburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (8) Nays; YAller and Underwood. (2) IPA Z 139 On motion of Councilman Swedenburg, the ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Underwood, Carney, Wolff, Sweden - burg, Mishler, Ostberg and Bateman. (7) Nays: Miller, Hagler and Mathews. (3) The Mayor declared the ordinance duly adopted and is numbered 1847. An ordinance was introduced entitled: "An ordinance relating t o, and apportioning and levying special assessments on certain lots and pieces of ground, in the City of Salina, Kansas, to pay the cost of paving, curbing, guttering and excavating Highland Avenue, in said City, between the south line of Prescott avenue and the north line of Republic atenue, and relating to and providing for the collection and payment of such assessments." On motion of Councilman Bateman, the rules of order were suspend- ed for its consideration by the following vote; Ayes: Miller, Under- wood, Carney, Wolff, Swedenburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (10) Nays: (None) On motion of Councilman Swedenburg, the ordinance was read and adopted by sections, and on its final adoption the roll was called and the following vote was had; Ayes: Miller, Underwood, Carney, Wolff, Swedenburg, Mishler, Hagler, Ostbegg, Mathews and Bateman. (10) Nays: (None) The Mayor approved the same and is numbered 1848. An ordinance was introduced entitled: "An ordinance relating to, and apportioning special assessments on certain lots and pieces of ground in the City of Salina, Kansas, to pay the cost of paving, curb- ing, guttering and excavating Tenth Street, in said City, between the north line of Iron avenue and the south line of Ash Street, and relat- ing to and providing for the collection and payment of such assessments." On motion of Councilman Miller the rules of order were suspended for its consideration by the following vote; Ayes: Miller, Underwood, Carney, Wolff, Swedenburg, Mishler, Hagler, Ostberg, Mathews and Bate- man. (10) Nays: (None) On motion of Councilman Swedenburg the ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Miller, Underwood, Carney, Wolff, Swedenburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (10) Nays: (None) The Mayor approved the same and is numbetled 1849. Councilman Carney moved that the City Attorney be instructed to prepare the necessary resolution, notifying the Kaw Paving Company of the unsatisfactory condition of certain pavement laid in this city, un- der their recent contracts. Motion adopted. Councilman Mathews moved that the City 61erk notify the different railway companies of the city, to re -construct certain railway cross- ings over their tracks in the City. Motion adopted. Councilman Mishler moved that the City Attorney be instructed to prepare the necessary ordinance requiring the property owners to stub in sewer, water and gas in advance of paving. Motion adopted. M. J. Finnegan appeared before the Council and asked the Council to make some regulation as to the prices charged by different corpora- tions for removing wires, in advance of houses to be moved. The Matter was referred to the Corporation and Franchise Committee for investi- gation, and to make a report at the next Regular Meeting. Building Committee was instructed to construct a fence around the City Jail at once. Motion adopted. Councilman Wolff called the attention to the Council of the un- sanitary' condition of certain alleys in the City, and on motion of Councilman Carney the matter was referred to the Public Health Com- mittee with power to act. A petition was received asking for the construction of a sewer in the alley between Penn and Columbia Avenue, from Elm street north, a distance of about 350 feet. The Sewerage and Drainage Committee reported favorable on the above petition, also on the petition for the construction of a sewer on Fifth Street, south of Bond Street, a distance of about 300 feet, and the City Engineer was instructed to prepare plans and specifica- tions for the above named sewers, also any other sewers that the Com- mittee deem necessary to construct at this time. Councilman Carney moved that the matter of the Peterson Sewer Bond, be referred to the City Attorney for investigation, and to report at the next Regular Meeting. 140 Mayor Putnam submitted his veto to Ordinance No. 1844 as follows: TO THE C UUld C ILM E N OF THE CITY OF SAL INA : Regarding Ordinance No. 1844, entitled, "An ordinance fixing the compensation and salary of the City Attorney, etc.," passed by you May 17th2 1915, in which you fixed the salary of that office at One Thousand Dollars, ($1,000.00) per annum straight salary, and elim- inated the system of turning to the City Attorney, Three Dollars, ($3.00) fees in each case of conviction in the Police Court. I wish to say that while I heartily approve placing this, and all other City offices, upon a straight salary basis, and do- ing away with the cost or fee system heretofore practiced, I do feel that the salary allowed should be of such an amount, as will return a fair compensation for the serviced to be performed, and will enable the City to acquire the services of a competent attorney for that po- sition. The City of Salina is able and should be willing to allow fair wages for good work. There is no economy in inefficient dervices, particularly in as important case as this office. In looking over the records for the past four years, I find that for the year ending June lst, a showing as follows: 1912. 270 Cases Fees $598.00 Salary $500.00 Total $1098.00 1913. 318 " It 784.50 " 500.00 It 1284.00 1914. 347 " it 613.00 if 500.00 it 1113.00 Making a total of three years of $3,495.50, exclusive of N500.00 fees paid City Attorney in the Water Works case, or generally speaking about 1,200.00 per year outside of compensation for special services. On May 18th, 1914, this same body, apparently recog- nizing the fact that the above compensation was inadequate for the servic- es required, voluntarily increased the salary of this office 4400.00 per annum, which with the same amount of additional emolument derived through the Police Court, as received during the previous three years, put the salary virtually upon a $1,600.00 per annum basis. Owing to the increased Police Court business for the year ending, June lst, 1915, viz: 754 cases, from which the Attorney rec- eived , 1,238.00 with the salary of $900.00, amking a total ;;2,138.009 which I believe is excessive, but I do feel in the face of the natural increase in work to be performed, that your conclusions of a year ago, when you placed this office on virtually a X1,600.00 per annum basis, were nearer just and equitable, than the sum of $1,000.00 allowed by this ordinance, and as I cannot conscientiously feel that the services re- quired are worth less than'1,200.00 per annum? I am compelled to disa- pprove this ordinance, therefore, veto same. June 7th, 1915. J. E. Putnam_._ Mayor. Mayor Putnam submitted his veto to Ordinance No. 1845 as follows: TO THE U O U I C ILMEN OF THE u IT Y OF SAL INA : Regarding Ordinance No. 1845, passed by you May 17, 1915, fixing the compensation of the City Engineer at One Thousand Dollars, (1,000.00) per annum, will say, if this ordinance is supposed to be in the interest of the City, with a view of reducing the cost of engineer- ing, it appears to me unwise, as the records show, during the past four ears, the total cost of the Engineering Department of this City to be 4,133.00, during which time the City has expended approximately $150,000 on completed public improvements in the way of paving and sewer alone. There is, at the present time, approximately X60,000.00 of work under way upon which the larger proportion of engineering has been done. Tak- ing this into consideration, the total cost of the Engineering Department is under 2 of the work, which I am informed is but a trifle over one- half of the ordinance made by commercial institutions for work of this kind. 1 T RAZ Therefore, we would apparently have no cause for complaint on account of our present method of cost. Ordinance No. 1845 will necessarily increase cost of such services. In addition, the City would have to equip and maintain an Enginer's office with instruments, etc., not now required, that I am reliably informed would cost con- servatively $500.00. Knowing something of the volatile nature of all public property and particularly anything as delicate as engineer's instruments, I do not believe it wise to burden the City with a charge of this nature. I have made a pretty thorough investigation of the compen- sation allowed City Engineers by practically all the cities of the sec- ond class, within the State of Kansas, of anything like the importance of Salina, and I find that, generally speaking, there are none that pay their engineers less than Twleve Hundred Dollars, (1200.00) per annum, while fully 50I of them pay more. I do not believe that the compensation allowed is suf- ficient to attract a man thoroughly competent to fill a position of this importance; that the City cannot afford to take the chances involved, for the difference necessary to put the emolument of this office on a just and equitable basis. Therefore, I am compelled to veto this ordinance. J. E. Putnam„ June 7, 1915. Mayor. An ordinance was introduced entitled: "An ordinance providing for the appointment of a. City Engineer, specifying his duties, and fix- ing his compensation, and repealing Ordinance No. 768, passed and ap- proved May 18th, 1891." Councilman Carney moved that the rules of order be suspended for its consideration, and the motion was lost by the following vote; Ayes: Carney, Hagler and Bateman. (3) Nays: Miller, Underwood, Wolff, Swedenburg, 14ishler, Ostberg and Mathews. (7) An ordinance was introduced, entitled: "An ordinance providing for the salary of the Police Judge, and relating to fines and costs in Police Court, and repealing Ordinance No. 1097." On motion of Councilman Mathews the rules of order were suspend- ed for its consideration by the following vote; Ayes: Miller, Under- wood, Wolff, Swedenburg, Mishler, Ostberg, Mathews and Bateman. (8) Nays; Carney and Hagler. (2 ) On motion of Councilman Wolff, the ordinance was read and adopt- ed by sections, and on its final adoption the roll. was called and the following vote was had; Ayes: Miller, Underwood, Wolff, Swedenburg, Mishler, Ostberg and Mathews. (7) Nays: Carney, Hagler and Bate- man. (3) The ordinance was duly passed and is numbered 1850. An ordinance was introduced entitled, "An ordinance providing for the appointment of a City Attorney, specifying his duties and fixing his compensation, and repealing Ordinance No. 1758, passed and approved May 18th, 1914, and so much of Ordinance No. 1097, passed and approved September 16th, 1901, as is in conflict herewith." On motion of Councilman Bateman the rules of order were suspend- ed for its considerationby the following vote; Ayes: Miller, Under- wood, Carney, Wolff, Swedenburg, Mishler, Hagler, Ostberg, Mathews and Bat ei:�an . (10) Nays: (None). On motion of Councilman Swedenburg the ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Miller, Underwood, Carney, Wolff, Swed- enburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (10) Nays: (None) The Mayor approved the same and is numbered 1851. John R. Otonebraker, filed with the Mayor, an application asking for the appointment, as policeman in the City of Salina, under the "Old Soldiers Preference Law", and Mayor Putnam thereby submitted the name of J. R. Stonebraker as policeman, and on the confirmation thereof, the roll was called and the following vote was had; Ayes: Carney, Mishler, Hagler, Mathews and Bateman. (5) Nays: Miller, Underwood, Wolff, Swedenburg, and Ostberg. (5) There being a tie, the Mayor cast the de- ciding vote in favor of the appointment . Councilman Swedenburg moved that the City receive bids on the of- f ica it City printing, at the next regular meeting. 142 An ordinance was introduced entitled: "An ordinance providing for the revision of the City Ordinances, and the publication of such re- vised ordinances in pamphlet form, and the payment for such revision and publication." On motion of Councilman Swedenburg, the rules of order were sus- pended for its consideration by the following vote; Ayes: Miller, Un- derwood, Carney, Wolff, Swedenburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (10) Nays: (None) On motion of Councilman Carney the ordinance was read and adopt- ed by sections and on its final adoption the roll was called and the — following vote was had; Ayes: Miller, Underwood, Carney, Wolff, Swe- denburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (10) Nays; (None) The Mayor approved the same and is numbered 1852. An ordinance was introduced entitled; "An ordinance providing for a license tax on carnival and amusement companies, operating or showing in the City of Salina." On motion of Councilman Wolff, the rules of order were suspend- ed for its consideration by the following vote; Ayes: Miller, Under- wood, Carney, Wolff, Swedenburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (10) Nays: (None). On motion of Councilman Mathews the ordinance was read and adopt- ed by sections and on its final adoption the roll was called and the following vote was had; Ayes: Miller, Underwood, Carney, Wolff, Swe!- denburg, Mishler, Hagler, Ostberg, Mathews and Bateman. (10) Nays: (None) The Mayor approved the same and is numbered 1853. Mayor Putnam appointed E. L. Wilder, Wm. Hansen and W. G. Stude- baker, to act as appraisers in ascertaining the valuation of the lots and pieces of ground liable to special assessment for the paving, curb- ing, guttering and excavating of Front street, between Iron Avenue and Walnut Street extended. Mayor Putnam appointed C. W. Lynn, Wm. Hansen and W. G. Stude- baker, to act as appraisers in ascertaining the valuation of the lots and pieces of ground liable to assessment for the paving, curbing, gut- tering and excavating of Ash Street, between College Avenue and Rail- road Street. On motion of Councilman Mathews the appointments were confirmed. The following petitions were received, asking for the construction of certain sidewalks, viz: On the south side of Ash Street, from Kansas to Columbia Avenue. On the south side of Elm, from the alley between Penn and Oak- dale Avenue to Kansas Avenue. Also on the south side of Beloit Avenue, from the railroad, east to Osborn Street. All of the above petitions were referred to the Sidewalk Com- mittee. A petition was received, asking for the location of an arc light on Fifth Street, half -way between Prescott avenue and Crawford avenue. _ Said petition was referred to the Street and Alley Committee. Wm. Knoll appeared before the Council and asked for some assist- ance from the City. The matter was referred to the Mayor for in- vestigation. n- vestigation. On motion of Councilman Swedenburg, Council adjourned. City C1erL.