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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. 1 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. 1