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08-14-1922 Minutes1 1 to 1 [l 1 COMITIISSION!RS PROCEEDI NGS, REGULAR MEETING. C011ITISSIOIITERS 110011, St LINA, .Kj%.NSAS . AUGUST 14th, 1922. Board of Commissioners met in regular session, Monday, August 14th, 1922. Meeting was called to order by 1layor Dyar, the roll was called and Commissioners Campbell, Dyar, and Hargett and City Attorney Buzick responded. The minutes of the Regular Meeting of August 7th, 1922, were read and approved as read. Mrs. John 1,4ais appeared before the Commissioners and asked for the use of the auto track in Kenwood Park for race meet to be held July 4th and Labor Day the coming year. Commissioner Hargett moved that the request be granted, and that Mrs. Mais be given permission to use the track on the above dates. An ordinance was introduced entitled: "An ordinance mak- ing an appropriation for the payment of a certain claim." On motion of Commissioner Campbell the ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Campbell, Dyar and Hargett. (3), Nays: (0) The Iriayor approved the same and is numbered 2560. The budget for the year 1923 was m esented for second and final reading. ^ Commissioner Hargett moved that same be adopted and ap- proved as read. An ordinance was introduced for second reading entitled: "An ordinance making a levy of taxes for general revenue and other purposes in the City of Salina, Kansas for the year 1922." On motion of Commissioner Hargett the ordinance was read and adopted by sections and on its final adoption the roll eras called and the following vote was had: Ayes: Campbell, Dyar and Hargett (3) hays: (0) The Iayor approved the sane and is numbered 2561. An ordinance was introduced for first reading entitled: "An ordinance levying specual assessments against the property herein described to pay the cost of constructing certain side- walks in the City of Salina, Kansas." On motion of Commissioner Campbell same was referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance making a special assessment and levy of taxes for the cutting of rxreeds on certain lots and parts of lots in the City of Salina, Kansas." On motion of Commissioner Hargett sarle was referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the excavating, grading and m ving of all the unpaved portion of Iron Avenue in the City of '�alina. Kansas in the center of said Iron Avenue occupied by the tracks of The Salina Street Railway Company from the east line of Penn Avenue to the west line of Delaware Street in said City, and providing for the cost thereof, how the same shall be assessed and the manner of payment therefor." On motion of Commissioner Campbell same was referred to the Board of Commissioners. 82 C7 An ordinance was introduced for first reading entitled: "An ordinance providing, for the excavating, grading and paving of all of the unpaved portion of Santa Fe Avenue in the City of Salina, Kansas in the center of said Santa Fe Avenue as now occupied by the tracks of the Salina Street Railway Company from the south line of a'alnut Street in said City to a point 200 feet south of South Street therein, providing for the cost thereof, how the same shall be assessed and the manner of payment therefor." On motion of Commissioner Hargett same was referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the curbing, guttering, excavating, grading and In ving of Penn Avenue in the City of Salina.. Kansas from the north line of El —St� reed to Riverside Boulevard, in said City and providing for the cost thereof, how the same shall be assessed and the manner of payment therefor." On motion of Commiss oner Campbell same eras referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the excavating, grading and paving of Elm Street in the City of Salina, Kansas from the east line of Third Street to the wrest line of Front Street, and provid- ing for the cost thereof, how the same shall be assessed and the manner of payment therefor." On motion of Commissioner Hargett same was referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the curbing, gutter3n7, excavating, grading and paving of Elm Street in the City of Galina, Kansas from the east side of Elm Street Bridge to the wrest line of Ohio Street in said City, and providing for the cost thereof how the same shall be assessed and the manner of payment there- for." On motion of Commissioner Campbell same was referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the excavating, grading and paving of Ash Street in the City of Salina, Kansas from the east line of the Ash SFreet Bridge to the east line of Oakdale j-1venue in. said City, and providing for the cost thereof, how the same shall be assessed and the manner of payment therefor." On motion of Commissioner Hargett same was referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the curbing, guttering, excavating, grading and paving of Twelfth Street in the City of Salina, Kansas from the north line oT Sta�e�Street to the south line of Ash Street in said City, and providing for the cost thereof how the same shall be assessed and the manner of payment there- for." On motion of Commissioner Campbell same was referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the curbing, guttering, excavating, grading and paving of Elm Street in the City of Salina, Kansas from the wrest line of Fron-freet to the west side of Elm Street Bridge in said City, and providing for the cost thereof, how the same shall be assessed and the manner of payment therefor.' On motion of Commissioner Hargett same was referred to the Board of Commissioners. f An 'ordinance was introduced for first reading entitled: "An ordinance providing for the curbing, guttering, excavating, grading and paving of Eleventh Street in the City of Salina, Kansas from the north line of Iron Avenue to the south line of State Street in said City, and providing for the cost there- of, hoti^r the same shall be assessed and the manner of payment therefor." On motion of Commissioner Campbell same was referred to the Board of Cormnissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the curbing and guttering of Johns- town Avenue in the City of Salina, Kansas from the east line of ro- nom-; treet to the west line of Oakdale Avenue in said City and providing for the cost thereof, how the same shall be aspess- ed and the manner of payment therefor." On motion of Commissioner Hargett same was referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the issuance of Improvement Bonds of the City of Salina, Kansas in the sum of 147102.65 to pay the cost of building and constructing certain lateral sewers in said City." On motion of Commissioner Campbell same was referred to the Board of Commissioners. An ordinance was introduced for first reading entitled: "An ordinance providing for the issuance of Improvement Bonds of the City of Salina, Kansas in the sum of 4'1657.09 to pay the cost of bgilding and constructing certain storm sewers, manholes and catehbasins in said City." On motion of Commissioner Hargett same %,ras referred to the Board of Commissioners. At the request of the Union Pacific railroad Company, City I; onager, ',`,'. A. Layton submitted the names of C. A. Bayes and Stephen Hoyne as sTetial police for the Union Pacific Railroad Company. On motion of Commissioner Hargett the appointments were confirmed. City Manager, vV. A. Layton appointed R. E. Vandruff as Assistant Chief of Police. On motion of Commissioner Campbell the appointment was confirmed. A petition was received asking for the curbing, gutter- ing, and paving of Penn Avenue from Ash Street to Elm. street. Same was referred to the City I:iantzger. An ordinance was introduced for first reading entitled: "An ordinance vacating, discontinuing and annulling certain public streets, avenues and alleys in the City of balina, Kan- sas." On motion of Commissioner Hargett same was referred to the Board of Commissioners. The following resolution was presented for second and final reading: 1 .8 3 84 BE IT RESOLVED by the Board of Commissioners of the City of Salina, Kansas, that permission be and the same is hes,eby given W. ",V. Seale (in so far as authority may exist to give the same) to build, construct and er-pct, over and across the w Smoky Hill Diver where the same is intersected by Delaware Street in the City of Salina, Kansas, a riveted steel bridge of 120 foot span, 18 foot roadway, together with one foot side- walk, all with wooden floor, but with the steel work and all other construction of said bridge designed and adequate to carry a concrete floor, said bridge to be designed, built and con- structed in each and every respect in complete accordance with the standard specifications and requirements of the State Highway Commission of The State of Kansas, and all other spe- cifications and requirements required by law of public bridges, and to be supported on sufficient pile foundations with two 20 foot pile or earth, approaches and to be completed on or July 1st, 1923. PROVID:r'D, that the City of Salina, Kansas shall in no event be held or deemed liable for the cost of the erection of said bridge or any part thereof, but the same shall be built and constructed wholly at the cost of said Id. r'I. Seale; and that said bridge when completed and finally opened for use shall be donated by said W. 1;1. Seale to the public authorities entitled to accept the same as a public bridge for free use by the public; and further provided that said V1. Seale shall secure and ob- tain all necessary authority from any other constituted public authority having jurisdication to permit the construction or to regulate the building of said bridge; and that when built and opened for public use, the City of Salina, Kansas, shall have no obligation to maintain or keep the same in repair, but that the same shall be maintained and repaired as all other public bridges across highways are repaired and maintained; and furhter provided that permission herein given shall not be held or claimed by VV. !j. Seale to at any time create any right of action in favor of himself or against said City of Salina, Kansas in event it should appear that any lack of authority to grant such permission may exist; and that the construction of such portion of said bridge, as may extend into the corporate limits of said City shall be made and done in a safe manner so as not to create any liability against said City, that said work shall be safeguarded so as to avoid the endangering of life, limb or property and that said 17. 1V. Seale, his heirs, representatives and assigns shall hold said City of Salina harmless from any liability in any manner arising by reasonof the construction of said bridge or of the work in connection thereof or in any manner caused or occasioned thereby; and furhter provided that said «1. 'l. Seale shall execute with the City of Salina on or before the 10th day of October 19221, a written agreement containing and setting; forth the matters, conditions and provisions hereinbefore con- tained and further agreeing therein to grant, and granting there- in and unto said City, a right of easement for the extension of the Ash Street main sewer of said City, over and across the following described real estate situated in Saline County, Kansas, to -wit: All that part of the �'Iest One-half of the South- west Cne-quarter of.Section Seven (7), Township Fourteen (14) Range Two (2) west of the 6th P. 1.4. , lying east and north of the center of the channel of the Smoky Hill River, except the north thirty-two acres thereof, adjoining the twenty-five foot right- of-way heretofore deemed and conveyed one Thomas White for road purposes, which agreement containing all of said provisions shall be executed, acknowledged and delivered on or before the date aforesaid and prior to the commencement by said W. ';u. Seale of any work upon or construction of said bridge and which execution, acknowledgment and delivery shall be a condition precedent to the taking effect of this resolution or of the permission here- in conferred. Introduced for first reading, July 25th, 1922. (S-EAL) Passed and approved, August 14th, 1922. ' Attest: Chas. E. Banker F. S. Dyar, C 1 ty_Cl er . Chairman of Board of Comm. Un motion of Commissioner Hargett the resolution was adopt- ed as read by the following vote; Aves: Campbell, Dyar and Har- gett. (3) days: (0) On motion of Coimnissioner Campbell, Board of Commissioners adjourned. City er .