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06-23-1924 Minutes (2)COMMISa ONERS PROCEEDINGS, REGULAR MEETING. COMMISSIONERS ERS ROOM, SALINA, KANSAS. JUNE 23rd, 1924. Regular r.Zeeting of the Board of Commissioners June 23rd, 1924. Meeting was called to order by Mayor Hargett, the roll was called and Commissioners Hargett, Dyar and Chambers and City Attorney Norris responded. The minutes of the Regular Meeting of June 16th, 19249 were read and approved as read. City Engineers Paving Estimate Number 4 was introduced, and on motion of Commissioner Chambers same was adopted and approved by the Board of Commissioners. City Engineers Paving Estimate Number 1-A was introduced, and on motion of Commissioner Chambers same was adopted and approved by the Board of Commissioners. The following resolution was introduced: WHEREAS, heretofore on the 18th day of February 1924, on consideration by the Board of Commissioners of the City of Salina, Kansas an ordinance was adopted, approved and published authorizing street improvements as follows: The excavating, grading, curbing, guttering and paving of the following streets: SUNSET DRIVE from the west line of Ninth Street to Highland Circle. EIGHTH STREET from the north line of Elm Street to the south line of ine Street. ELEVENTH STREET from the north line of Park Street to the south line of Elm, Street. ELEVENTH STREET from the north line of 17ashington Avenue to the north line of Prescott Avenue. FRONT STREET from the north line of Elm Street to the south line of rine Stredt. ELEVENTH STREET from the south line of Morrison Avenue to the north line of Washington Avenue. MORRISON AVENUE from the west line of Tenth Street to the eas t line of Eleventh Sheet. PUTNAM AVENUE from the south line of South Street to the north line of orr son Avenue. SPRUCE STREET from the east line of Phillips Street to the west line of Baker Street. BELOIT AVENUE from the west line of Santa Fe Avenue to the east line of vintHStreet. HIGHLAND AVENUE from the south line of Republic Avenue to the north line of Deloit "venue. ELLSWORTH AVENUE from the west line of Santa Fe Avenue to the east line of Highland Avenue. Also for the excavating, grading and paving of the follow- ing streets: MULBERRY STREET from the east line of Fifth Street to the west line of Second Street. UNIVERSITY PLACE from the west line of Baker Street to the east line o the ssot�ri Pacific Railroad Right -of -'day. Also for the curbing and guttering of: THIRD STR=T from the south line of Mulberry Street south to Me Sm-oUFHill River. AND, UHAS, the :e'ngineer's preliminary estimate of the cost of such improvements is 0116,147.20; AND, WHEREZS, heretofore on the 17th day of arch, 1924, on consideration by the Board of Commissioners of the City of Salina, Kansas an ordinance was adopted, approved and published authorizing street improvements as follows: The excavating, grading and paving of the unpaved portion of IRON AVENUE in the center of said Iron Avenue now occupied by the tracks of t e Salina Street Railway Company, from the east line of Penn Avenue to the west Line of Delaware Street, and THE Excavating, grading and paving of all of the unpaved por- tion of SANTA FE AVENUE in the center of said Santa Fe Avenue now occupied by the tracks of the Salina Street Railway Company from a point two hundred thirty (230) feet south of South Street to the north line of Beloit Avenue. AND, 17HEREAS, the Engineer- s preliminary estimate of the cost of such improvements is X33;080.00. AND, :.IHEREAS, the cost of such improvements is authorized to be paid for in whole or in part by the issuance of bonds. AND, r"JIiEREAS, in the contracts heretofore entered into be- tween C. P. Barrington, the contractor, and the City of Salina, nansas, it has been provided that payments shsll be made to said contreator in partial estimates in cash or in warrants. ATdD, :WHEREAS, the Engineer has now filed reports showing that there is now due the contractor in addition to the sum hdretorofe paid in the form of Temporary Notes, the sum of X32,743.00 on work completed under the above contracts, said estimates having been approved and accepted by the Board of Commissioners, said Estimate Number 4 in the amount of 432,743.00 being on the improvements performed under contract dated Febru- ary 18th, 1924. AND, 1WH=AS, under Section 10-123 the Revised Statutes of Kansas, 1923, proper and full authority is conferred upon the City of Salina Kansas to issue its Temporary Notes for the pur- pose of providing the payment of partial estimates under said contract, NOVI THEA FORE, BE IT RESOLVED, by the Board of Commissioners of the City of Salina, Kansas: That the Mayor and City Clerk be and they are hereby authorized to issue the Temporary Note of the City of Salina, Kansas in the sum of 432,743.00 dated June 24th, 19249s aid sum being for the amount of work now completed under the above contracts as aforesaid, exclusive of the amounts for which notes have heretofore been issued. Said note to draw interest at the rate of 1-1/4% per annum from its date to the date on which it is retired. Said note to be delivered to C. P. Barrington or to his order. Adopted and approved, June 23rd, 1924. J. S. Hargett (SEAL) Mayor Attest: Chas. E. Banker city Jerk. On motion of Commissioner Dyar the resolution was adopted as read and on its final adoption the roll was called and the follow- ing vote was had; Ayes Hargett, Dyar and Chambers (3) Nays: (0) The following resolution was introduced: WHEREAS, heretofore on the 17th day of June, 1924 , on consideration by the Board of Commissioners of the City of Salina Kansas, an ordinance was adopted, approved and published authorizing street improvements as follows: The curbing, guttering, excavating, grading and paving CLAFLIN AVENUE from the west line of Highland Avenue to the east line of Ninth Street. The excavating, grading and paving of the unpaved portion of SANTA FE AVENUE in the center of said Santa Fe Avenue now occupied by the tracks of the Salina Street Railway Company from the south line of Beloit Avenue thence south to Claflin '�v e nue. The curbing and guttering of the east side of NINTH STREET froth the south line of Jewell Xvenue to the north lineofaloud Street, AND, ',VHEREAS, the Engineert s preliminary estimate of the cost of such improvements is 411,975.00, AND, WHEREAS, the cost of such improvements is authorized to be paid for in whole or in part by the issuance of bonds. AND, WHEREAS, in the contract heretofore entered into be- tween C. P. Barrington, the contractor, and the City of Salina Kansas, it has been provided that payments shall be made to safd contractor in partial estimates in cash or in warrants. AND, WHEREAS, the Engineer has novr filed reports showing that there is now due the contractor the sum of 09577.89 on work completed under the above contract, estimate Number 1-A therefore having been approved and accepted by the Board of Commissioners. AND, WHEREAS, under Section 10-123 the Revised Statutes of Kansas, 1923, proper and full authority is conferred upon the City of Salina, Kansas to issue its Temporary Notes for the purpose of providing the payment of partial estimates under said contract, NOV7 THERIETORE, BE IT RESOLVED by the Board of Commission- ers of the City of Salina, Kansas: That the Mayor and City Clerk be and they are hereby authorized to issue the Temporary Note of the City of Salina, Kansas in the sum of.$9577.89 dated June 24th, 1924, said sum being for the amount of work now completed under the above contract as aforesaid. Said note to draw interes t at the rate of 1-1/4/co' pr annum from its date to the date on which it is retired. Said note to be delivered to C. P. Barrington or to his order. J;dopted and approved, June 23rd, 1924. J. S. Hargett, (SEAL) Mayor Attest: Chas. E Banker. City Ulerk. On notion of Commissioner Chambers the resolution was adopted as read and on its final adoption the roll was called and the following vote was had; Ayes: Hargett, Dyar and Chambers (3) Nays: (0) An ordinance was introduced entitled: "An ordinance making an appropriation for the payment of a certain claim." On motion of Commissioner Dyar the ordinance was read and adopted by sections and on its final a doption the roll was called and the following vote was had; Ayes: Hargett, Dyar and Chambers (3) Nays: (0) The 1ayor approved the same and is numbered 3000. An ordinance was introduced entitled: "An ordinance making an appropriation for the payment of a certain claim." On motion of Commissioner Chambers the ordinance was read and a dbpated by sections and on its final adoption the roll was called and the following vote was had; Ayes : Hargett, Dyar and Chambers (3) Nays: (0) The Mayor approved the same and is numbered 3001. The following ordinance was introduced for second reading: "An ordinance relating to and apportioning and levying special assessments on certain lots and pieces of ground in the City of Salina, Kansas to pay the cost of curbing, guttering, excavating, grading and paving Ei&th Street in said City from the north line of Elm Street to the south line of Fine Street therein, and relating to and providing f or,the collection and payment of such assessments." On motion of Connissioner Dyar the ordinance was read and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Hargett, Dyar and Chamb- ers (3) Nays: (0) The Mrayor approved the same and is numbered 3002. An ordinance was introduced for second reading entitled: "An ordinance creating the office of Electrical Inspector in and for the City of Salina, Kansas; regulating and defining the duties of such office and establishing rules and regulations concerning the installation, operation and maintenance of elec- trical wiring and appliances; and fixing penalties for the violation of the provisions of this ordinances; and repealing Ordinance Number 2500 and all other ordinances or parts of ordinances in conflict with this ordinance. On motion of Commissioner Chambers the ordinance read and adopted by sections and on its final adoRtion the roll was called and the following vote was had; Ayes: argett, Dyar and Chamb- ers (3 ) Nays: (0 ) The Tiiayor approved -the same and is numbered 3003. The following resolution was introduced for second reading: BE IT RESOLVED by the Board of Commissioners of the City of aalina, Kansas that the re -curbing and re -guttering of Fifth Street in the City of Salina, Kansas from the south line of s treet to the north line of lfalnut Street in said City (ex- cept the intersections of said Fifth Street with Iron Avenue) such curbirr; to be located four (4) feet outside of and more distant from the center of said street than the presen curbing on such side thereof, and said guttering to be four (4 feet more or less in width to extend from the edge of the present paving to the new curb line as above mentioned, together with such excavation and removal of old curb and sidewalk as may be necessary, is hereby determined to be a necessary improvement and that said Fifth Street in the City of Salina, Kansas be re -curbed, re -gut- tered and excavated to the extent and within the limits above defined. Introduced for first reading, June 16th, 1924. Adopted and approved -------- June 23rd, 1924. (SEAL) J. S. Hargett, armanormrd'of Attest: Chas. E Banker, Commissioners `�C'ity Clerk. On motion of Commissioner Dyar the resolution was adopted as read and on its finaladoptign the roll was called and the fol- lowing vote was had; Ayes rgett, Dyar and Chambers (3 ) Nays: (0 ) An ordinance was introduced for first reading entitled: "An ordinance changing the name of that Part of Tenth street lying beitNeen the south line of Crawford 'venue and the north line of republic Avenue in the City of Salina, to Seitz Street. On motion of Commissioner Chambers same was referred to the Board of Commissioners. The following resolution was introduced: i dHJREAS, in certain proceedings had pursuant to ordinances numbered 2622-2623-2624-2625-2626- and. 2627, certain streets within the City of Salina were opened, extended and widened and appraisers were appointed to assess the damages accruing to the owners of property taken by virtue of such ordinances, and to assess the benefits accruing to the owners of property lying within the district created by Ordinance Number 2748 of the City of Salina, on account of the opening, extending and widening of the streets mentioned in the ordinances first above referred to, and whereas the appraisers provided for in said ordinance duly filed their report and aviard of damages and benefits from which an appeal was taken by certain property owners, towit: Nellie I. Godfrey, TIinerva Conway, 0. H. Ford and William Schvreizerhof and whereas the appeals so taken were tried in the District Court of Saline County, Kansas and have resulted in judgments rendered against the City of Salina in favor of each of said persons, which amount in each case took into consideration the amount of benefits, if any, accruing to said property oviners, and, whereas, in any subsequent proceedings in said Court the amount of benefits if any will be considered in rendereing any judgment for or against the City of Salina and, whereas the City Clerk has certified to the County Clerk, to be collected by him as a tax against the property of the persons above mentioned, the amounts of the benefits as found by the appraisers in their report and award above mentioned, such amounts appearing in the tax rolls of Saline County, as a special tax or assess ment in favor of the City of Salina, which assessment of benefits should be abated or remitted on account of having been included in the judgment of the District Court aforesaid, N0:11 TNLREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Salina, Kansas: That the City Clerk c' the City of Salina be and he is hereby authorized And directed to correct the records in his office so as to eliminate therefrom the charge of an assessment against the persons above mentioned on account of benefits accruing from the opening, extending and wide ing of the streets above referred to and that he certify such abatement or remission to the County Clerk in such from as the latter may ,require, and that the County Clerk and the County Treasurer of aline County are hereby authorized to correct their records to such extent as may be necessary to show the abatement and remission of the special assessments novr charged against the persons above mentioned on account of the opening, extending and widening of the streets mentioned in the ordinances above referred to, such streets in what is commonly known as 1'lestview Addition to the City of Salina, Kansas. Adopted and approved this 23rd day of June, 1924. J. S. Hargett, (SEAL) mayor Attest: Chas. E. Banker City Clerk. On motion of Commissioner Dyar the resolution was adopted as read and on its final adoption the roll was called and the following vote was had; Ayes: Hargett, Dyar and Chambers (3 ) Nays: (0 ) By request the taxicab bond of Frank Yockers was cancelled and released. On motion of Commissioner Chambers Board of Commissioners adjourned. ity Clerk.