04-09-1923 MinutesCOM1-j'ISSI (Vi2S PROCEEDINGS, REGULAR 1,1FETING.
C OMP. I S S IONERS ROOM,
SALINA, KANSAS.
APRIL 9th, 1923.
Regular Meeting of the Board of Commissioners, April 9th,
1923. Meeting was called to order by Mayor Dyar, the roll was
called and Commissioners Campbell, Dyar and Hargett and City
Attorney Buzick responded.
The minutes of the Regular Meeting of April 2nd, 1923;
Canvassing Board Meeting of April 6th, 1923; Adjourned Meeting
of April 6th, 1923; and Adjourned Meeting of April 7th, 1923
were read and approved as read.
An ordinance was introduced entitled: "An ordinance making
an appropriation for the payment of a certain claim."
On motion of Commissioner Hargett 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 Mayor approved the same and
is numbered 2749.
An ordinance was introduced entitled: "An ordinance making
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 Mayor approved the same and
is numbered 2750.
An ordinance was introduced for second reading entitled:
"An ordinance providing for the construction of certain water
service pipes in the City of Salina, Kansas.r'
On motion of Commissioner Hargett the ordinance was read
and adopted by sections and on its final adotption the roll was
called and the following vote was had; Ayes: Campbell, Dyar
and,Hargett (3) Nays: (0) The Mayor approved the same and
is numbered 2751.
An ordinance was introduced for second reading entitled:
"An ordinance providing for the construction of certain sewer
service pipes in the City of Salina, Kansas.'
On motion of Commissioner Campbell the ordinance was read
and adopted by sedtions and on its final adoption the roll was
called and the following vote was had; Ayes: Campbell, Dyar
and Hargett (3) Nays; (0) Whe Mayor approved the same and
is numbered 2752.
An ordinance was introduced for second reading entitled:
"An ordinance providing for the construction of certain gas
service pipes in the City of Salina, Kansas."
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 Mayor approved the same and is
numbered 2753.
The following resolution was introduced for second read-
ing:
WHEREAS, the Union Pacific Railroad Company has
tendered to the City of Salina, Kansas a lease of a portion
of its right of way in said City, which said lease is in
words and figures following, to -wit:
"This Agreement made and entered into in duplicate
this 9th day of April, 19239 by and between the Union Pacific
Railroad Company, a corporation of the State of Utah, (herein-
after called "Lessor")., party of the first part, and the City
of Salina, Kansas, (hereinafter called "Lessee", party of the
second part, WITNESSETH:
216'
1. The Lessor hereby leases to the Lessee for
a period commencing on the first day of April, 19239
and terminating fifty years thereafter, unless sooner
terminated in accordance with the terms hereof, the fol-
lowing described strip of land to be used for highway
purposes only:
A strip, piece or parcel of land situate in Salina,
Kansas, being about thirty (30) feet in width extending
from a point in the south line of Iron avenue southeaster-
ly across Lots One Hundred Ten (110), One Hundred Twelve
(112), One Hundred Fourteen (114) and One Hundred Sixteen
(116) on Fourth Street to the west line of Fourth Street,
being more particularly described as follows:
Beginning at a point in the south
line of Iron Avenue, said point being
(59.4) feet distant west of the inter-
section of the south line of Iron
Avenue with the west .line of Fourth
Street) thence southeasterly along
a curted line, concave northeast-
erly having a radius of 125 feet to
a point that is (79.9) feet distant
south of and (30.6) feet distant
west of the intersection of the
south line of Iron Avenue and the
west line of Fourth Street; thence
southeasterly along a curved line,
concave southwesterly, tangent to
the last described course and having
a radius of 425 feet, to a point in
the west line of Fqurth Street, said
point being (122.71 feet distant
south of the south line of Iron
Avenue; thence south along said
west line of Fourth Street a dis-
tance of (75.9) feet to a point;
thence northwesterly along a curved
line, concave southwesterly and
having a radius of (288.14) feet to
a point that is (199 ) feet distant
south of and. (53.6) feet distant west
of the intersection of the south
line of Iron Avenue with the west
line of Fourth Street; thence north-
westerly along a curved line, concave
northeasterly, tangent to the last
described course and having a radius
of (155) feet, to a point in the
south line of Iron Avenue, said point
being (89.4) feet distant west of the
west line of Fourth Street; thence
east along said south line of Iron
Avenue a distance of (30) feet to
the point of beginning, excepting
and reserving to the Lessor all
necessary right of way for the main-
tenance of its railroad tracks and
facilities as they are now or may
be hereafter constructed across said
above described premises; said leased
premises being shown outlined in
yellow on the plat attached marked
yellow
A", and made a part hereof.
2. As a consideration for this lease the Lessee
agrees to pay in advance to the Lessor a rental of one
dollar 01.00) per annum; to assume all taxes and assess-
ments levied upon the leased premises during the continuance
of this lease, not including taxes or assessments levied
against the leased premises as a component part of the rail-
road property of the Lessor in the State as a whole to
keep the leased premises free from combustible material; to
plant no trees or shrubbery, and to erect no structures
thereon except such as may be necessary for highway purposes;
to put nothing upon the leased premises which might obstruct
or interfere with the view; to provide such ditches, culverts,
bridges and other structures as may be necessary to properly
care for the drainage from said Ir emises and the adjoining
right of way of the Lessor; and to hold the Lessor harmless
from any and all damages to any of such structures on said
leased premises arising from fire caused directly or indirectly
by sparks or fire emitted from the engines or trains of the
Lessor; and to farther hold the Lessor harmless from any
damages to the highway upon the leased premises which may
result from the construction or maintenance of drainage ditch-
es or waterways by the Lessor.
3. The Lessor reserves the right to take possession
of all or any portion of the leased premises whenever the
use thereof may become necessary or expedient, in the judgment
of the Lessor, for railroad purposes, including the location of
public or private warehouses, elevators, or other structures
with the design to facilitate and promote traffic; PROVIDED,
however, that in the event the Lessor elects to take possession
of all or any portion of the leased premises in accordance with
this reservation, it shall first serve upon the Lessee 90 days
written notice of such election. Upon the expiration of the
90 days period mentioned in said notice the Lessee shall move
the highway from the leased premises and restore said premises
to as good condition as the same were in at the commencement of
this lease, all at its own cost and expense.
4. The Lessor reserves the right to cross the leased
premises with such railroad tracks as may be required for
its convenience or purposes, in such manner as not to interfere
with their use as a public highway. In the event the Lessor
shall place tracks upon the leased premises in accoranee with
this reservation it shall restore the highway so occupied by
its tracks to its former state of usefulness.
5. The Lessee shall not at any time use or permit
the use by others of said leased premises for railroad
or traction purposes, or use or permit the said premises to be
used except for the usual and ordinary purposes of a street or
highway.
6. This lease is subject to all outstanding superior
rights (including those in favor or telegraph and telepohone
companies, and the right of renewals and extensions of the same);
and it is understood that nothing in this lease contained shall
be construed as a covenant to put the Lessee into possession
or to protect the Lessee in the peaceable possession of said
premises.
7. For the purpose of protecting the reversionary
interests of the Lessor against the assertion of adverse rights,
the Lessee agres to prevent encroachment upon the leased premises,
and to this end will, at its own expense, take all necessary
action.
8. If the Lessee should breach or fail to keep any
of the covenants or conditions hereof, or fail to perform such
covenants or conditions, or to remedy thes ame for thirty days
after written notice of such failure or breach on the part of
the Lessee, given bi. the Lessor to the Lessee, then this.lease
shall be null and void.
9. Non -user by the Lessee of the leased premises for
highway purposes continuing at any time during the term hereof
for a period of eighteen months shall, at the option of the
Lessor, work a termination of this lease and of all rights of
the Lessee hereunder, and non -user by the Lessee of a portion
of said leased premises continuing for a like period shall, at
a the option of the Lessor, work a termination of all rights
and interests of the Lessee with respect to such portion.
10. This lease is not to be assigned, nor is any portion
of the leased premises to be sublet, without the written
consent of the Lessor. The Lessee will surrender peaceable
possession of said premises at the expiration of this lease.
11. All covenants and agreements herein recited are made
by the parties hereto, for, and shall be binding upon themselves
and their successors and assigns."
AND WHEREAS, it is considered that the best interests
of said City of Salina, Kansas will be subserved by the ---
accept ance of said lease;
THEREFOR E, BE IT RESOLVED by the Mayor and Commissioners
of the City of Salina, Kansas, that the terms of the lease
submitted by the Union Pacific Railroad Company be and the
same are hereby accepted in behalf of the City of Salina,
Kansas; that the Mayor of said City is hereby authorized,
empowered and directed to execute said lease on behalf of said
City, and that it be duly attested by its Clerk.
(SEAL)
Attest:
Introduced for first reading, April 2nd, 1923.
Adopted and approved ........ April 9th, 1923.
Chas. E. tanker,
City clerk.
F. S. Dyar
Mayor
Commissioner Hargett moved that the resolution be adopted
as read and on its final adoption the roll was called and the
following vote was had: Ayes: Campbell, Dyar and Hargett
(3) Nays: (0)
A petition was presented protesting against the location
of a Junk Yard on East Ash Street.
On motion same was referred to the City Manager and
City Attorney.
Commissioner Hargett moved that an ordinance be drafted
for the vacation of a certain alley in the Kansas uuesleyan
University Addition.
Dr. L. L. Shoemaker made a verbal report on the milk
situation in the City of Salina, Kansas.
The appraisers reports for the curbing, guttering, exca-
vating, grading and paving of:
Third Street from Walnut to Mulberry;
Cedar Stree7 from Baker to Phillips;
Fourth S reet from South Street to Iron Avenue;
Elm Street from Ninth Street to College Avenue;
si�eeT from r'enn Avenue to Ohio Street;
Z`la]l'_Cn t'�venue from Santa Fe to Highland Avenue;
ClaaflinAvvelnue from Santa Fe to Fourth Street;
JewellAvenue from Santa Fe to Ninth Street;
Penn Avenue from Elm Street to Ash Street;
Eleventh street from Walnut to Iron Avenue
were received, and on motion of Commissioner Campbell, Friday,
April 13th, ;923 at 5:00 P. M. was designated as a special
meeting at which time the appraisers reports will be taken up and
acted upon by the Lommissioners, and all persons affected by
such improvements can be present and heard if they so desire.
Commissioner Campbell moved that the Board of Commissioners
take up the bids on the stage fittings for the Memorial Hall,
Friday, April 20th, 1923 at 5:00 P. M.
The Mayor was instructed to issue a "Clean Up"proclamation
for the week April 16th, to 21st inclusive.
There being no further business appearing on motion of
Commissioner Campbell the retiring Board of Commissioners adjourned,
and the newly elected Board of Commissioners being present, and
having filed the necessary bond, same having been approved by the
Clerk of the District Court, the oath of office was administered
by the City Clerk to the following persons elect:
Hargett J. S.
Dyar F. S .
Chambers B. I.
After which the Commissioners were called in session by
the City Clerk.
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Commissioner Dyar moved that J. S. Hargett be elected
temporary chairman. r.,Totion adopted.
Commissioner Dyar moved that the temporary chairman be
made permanent.
J. S. Hargett was duly elected President of the Board of
Commissioners.
Commissioner Dyar moved that W. A. Layton be employed as
City Manager for the ensuing year. Motion adopted,
A communication was received from The Salina Daily Union,
and on motion of Commissioner Campbell same was ordered filed.
Commissioner Dyar moved that hereafter all Regular Meetings
of the Board of Commissioners be held Monday at 5:00 P. M. instead
of 7:30,'
On motion of Commissioner Chambers, Board of Commissioners
adjourned.
G� -
City Clerk.
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