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Mayor Russell informed the Board that he had secured legal advise and that he believe the meeting illegal and that he was within his power and duties to appoint four new Commissioners and at this time administrated the official oath of office to Mr. Core, Clark, Kaltenborn and Smith and appointed them to the following departments: A.S Smith Finance Commissioner Wm Core W.S. & L. R.J Kaltenborn Police & Fire Pat Clark Streets. On motion of Commissioner Gilbert seconded by Commissioner Ronnow it was moved and carried that Herbert Krause, Mayor Pro Tem act in the Chair of the Mayor. Vote Commissioners Ronnow, Gilbert, Krause and Corradetti voting aye. Mayor Russell was absent from the table and did not cast a vote when the vote was called. Minutes of the regular meeting of December 4th, 1940 and Special meetings of 9th, 20th, and 26th read and approved as read and signed by Mayor Russell. An ordinance entitled, "An ordinance of the City of Las Vegas providing for the acquisition of a municipal airport by taking over the present airport of Western Air Express Corporation, pursuant to a Proclamation of the Board of Commissioners of the City of Las Vegas, made and issued on the 12th day of November, A.D 1940, and published in the Las Vegas Evening Review-Journal on November 12th, 1940, November 19th, 1940 and November 26th, 1940," was read to the Board for a second time and adopted by the following vote: Commissioners Ronnow, Gilbert, Krause and Corradetti and His Honor the Mayor voting aye. Noes, none. Mayor Russell ask that the vote be called of Mr. Clark, Gore, Kaltenborn and Smith and each of these gentlemen voted aye. On motion of Commissioner Gilbert seconded by Commissioner Corradetti the following Resolution was introduced and passed: subject to the approval of said lease and Resolution by the City Attorney. RESOLUTION WHEREAS, Western Air Express and the City of Las Vegas have entered into an escrow agreement setting forth the terms thereof and providing for certain improvements to be made and certain rights to be granted in connection with the improvement of and the use of the Las Vegas Municipal Airport, and WHEREAS, the Civil Aeronautics Authority will not improve lands to which the City does not have title, and WHEREAS, the Western Air Express has presented an outright deed to the runway portion of said airport, together with a lease covering the use of this deeded portion of the Airport, and WHEREAS, the acceptance of said deed and the granting of said lease will provide the means whereby the Civil Aeronautics Authority can improve to the extend of $340,000 said Airport NOW THEREFORE BE IT RESOLVED, that the Commissioners of the City of Las Vegas on the 4th day of January, 1941, in regular meeting, do hereby accept the deed and authorize the Mayor and the City Clerk of the City of Las Vegas to sign the lease on behalf of the City. Vote Commissioners Ronnow, Gilbert, Krause and Corradetti and His Honor the Mayor voting aye. Noes, none. Mayor Russell ask for the action of Messrs. Kaltenborn, Gore, Smith and Clark on the above and foregoing and Mr. Kaltenborn introduced said motion which was seconded and put to vote with the following results, Mr. Kaltenborn, Mr. Clark and Mr. Gore and Mrs Smith voting aye. Commissioner Ronnow ask the Mayor if he would proceed with the meeting with the Commissioners and Mayor Russell refused to act with the four Commissioners contending that they were not commissioners and that the meeting would be handled by a group of private citizens. Attorney Austin again informed the Board that the Commissioners were in good standing and any business transacted at this time was legal. Commissioner Ronnow moved and Commissioner Gilbert seconded the motion that Mayor Pro Tem Krause take the Chair and that the meeting proceed. Vote Commissioners Ronnow, Gilbert, Krause and Corradetti voting aye. Mayor Russell voting no and stating that he voted no because the meeting was not legal and was being conducted by private citizens. On motion of Commissioner Gilbert seconded by Commissioner Ronnow it was moved and carried that warrants Nos. 446 to 458 inclusive be allowed with the exception of Warrant No. 449 and that the Mayor Pro Tem and Clerk sign the same. Vote Commissioners Ronnow, Gilbert and Corradetti and Mayor Pro Tem Krause voting aye. Mayor Russell voting no because this was not a legal meeting being conducted by private citizens. in his opinion. All correspondence on file with the Clerk was read at this time including four letters identical in substance as follows: January 4, 1941. TO THE HONORABLE MAYOR AND MEMBERS OF THE BOARD OF COMMISSIONERS OF THE CITY OF LAS VEGAS, CLARK COUNTY, NEVADA. Gentlemen; On December 20th., 1940 by a letter delivered to you, I tendered to you my resignation as a member of your honorable body. Inasmuch as no action has been taken on that letter and inasmuch as a large number of business people of this City have requested me to withdraw my said tender of resignation and continue in office, I hereby do withdraw my said tender of resignation and beg to advise you that I will continue to perform and discharge the duties of my office as Commissioner of the City of Las Vegas. Very truly yours, On of said letters being signed by Commissioner Krause, one by Commissioner Ronnow, one by Commissioner Gilbert and one by Commissioner Corradetti.