The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-05-07
LEGAL,
Published in The Topeka State Journal
May Z, 1881
RESOLUTION.


BE IT RESOLVED BY THE ExECr7-
I've COUNCIL OF THE STATE OF
dhat IN CARRYING out by the council of
the provisions of Chapter 259 of the Laws
OF 1913. the following plan is hereby
Any person desiring to take sand or
other products from the bed or channel
OF any navigable river for the purposes
OF sale shall first make application in
writing to the executive council. IF the
executive council shall act favorably upon
me apphcation, such person shall then
execute a contract with the executive
council which contract shall contain the
following conditions:
l. In the case of sand the applicant to
agree TO make, keep and preserve record
OF all sand taken from the bed or chan
mel OF such river and sold by the appli-
cant such record to be made and kept in
such manner and form and in such detail
as may be required by the council.
2 The applicant to agree to make and
file with the State Auditor between the
1lrst and tenth days of each month
verified report of all sand taken from the
bed or channel of such river and sold by
the applicant during the preceding month,
such report to be in such form and in
such detail as may be required by the
State Auditor.
3. The applicant to agree to permit the
council or its duly authorized agent to
make such inspections and examinations
OF the books, records, papers, documents
and correspondence of the applicant as
the council may deem necessary and
proper, and to submit any such books
records, papers, documents or correspon-
dence for any such inspection exam
! nation at any time demand of the
council or its duly authorized agent; but
such reports and information shall not be
disclosed to the competition of any such
applicant nor otherwise used to his detri-
ment
4. The applicant to agree to pay to the
custodian of the council between the first
and tenth days of each month sum equal
to ten per cent of the gross receipts from
the sale of sand for services in the
4 taking al 10
preceding month. But in determining the
gross receipts the selling price of sales
made or services charged on account shall
be included
3. The applicant to agree that the coun-
ell is to have the right to terminate it's
agreement at any time sixty days
notice the applicant, and the applicant
to have the right to terminate his agree
| ment at any time upon payment to the
custodian of the council of all amounts
due the state.
6. The applicant to agree to deposit
with the executive council a good and
sufficient bond in an amount to be fixed
by the council to guarantee the faithful
performance by the applicant of the terms
and conditions of his agreement
The agreements shall be signed on the
part of the council by the Governor as
chairman Of the council and by the Secre-
and upon the signing of the same by the
applicant and the filing of the bond and
the approval OF the same by the council,
the applicant shall then have the right
to proceed under his agreement
The State Treasurer shall be the custod-
| ian of all moneys coming into the hands
| of the council and arising from the sale
of the products in the beds and channels
| of the navigable rivers of the state and
the fund shall be called the River
Fund.
The custodian shall receipt custodian
for all moneys coming into his hands and
shall file a duplicate OF his recelpts with
the State Auditor.
| The custodian shall pay out of any
| moneys in his hands as custodian the
L.. 1rTa f1ln
drainage districts and the expenses of the
/ council: all payments to be made on
, checks drawn by the State Auditor ap-
/; proved by the executive council.
The custodian shall, between the TWEEN
! tieth and twenty-fifth days of each month,
turn into the state treasury the net pal
The State Auditor shall keep the accounts
/ with the various parties having contracts
/ with the council, shall make examlna.
lions of their books and accounts ana
! shall prepare forms of monthly reports.
! The State Auditor shall keep the accounts
with the custodian and audit all CLAIMS
for expenses incurred III the eoAS"'Aoi
of the business .
The Auditor shall apportion the amounts
due the drainage districts each month.
TTba Auditor shall draw checks on the
| custodian for the amounts due the sew
| eraI drainage districts and for the ex-
nenses of the council on sworn vouchers
| 70 he approved by the executive council.
In the ca Sc of gravel and other products,
! like agreements shall be entered into with
/ the applicants OH such terms ds the CUM
| ell may adopt.
ANY sand dealer having outstanding un-
-nirad contracts made in good faith be-
| fore Chapter $50 of the Laws of 1913 was
! approved may apply to the executive
4 council for an equitable reducuoh' accoiils
data and information as the council may
| require to base such equitable allowance
Passed by the council this 5th day of
| CHAS. H. SESSIONS,
Secretary of State
| rE;rs. Published in The Topeka state