Commission Notes

Arizona Highway Commission Notes

December 7 and 8, 1934 The Arizona State Highway Commission met in special session in their offices in the Highway Building at 10:00 A. M., December 7, 1934. Those present were Chairman Dowell, Vice-Chairman Vyne, Commissioners Addams, Barth and Mansfield, also, the State Engineer and the Secretary. Assistant Attorney General J. R. McDougall was absent and Assistant Attorney General F. W. Beer acted in his place.

The following officials from the U. S. Bureau of Public Roads and the Forest Service were also present at the meeting: Mr. C. H. Sweetser, District Engineer, Mr. Levant H. Brown, Senior Highway Engineer, Mr. C. L. McLane, Highway Engineer, Mr. Frank C. W. Pooler, Regional Forester, and Mr. C. A. Long, Regional Engineer, Forest Department.

A large delegation interested in obtaining the designation of the road into Horse Thief Basin as a Forest Highway appeared before the Commission and the Bureau and Forest Service Officials. Mr. Frank L. Snell, of the Phoenix Chamber of Commerce, was the first speaker and stated that the following organizations had representation in the large delegation present: The Maricopa County Board of Supervisors, the City of Phoenix, the City Park Commission, the Phoenix Chamber of Commerce, the Junior Chamber of Commerce, the Phoenix Real Estate Board, the Merchants, the Business Men and Professional Men, and the Farmers.

Commissioner Vyne inquired from Mr. Pooler what the requirements would be in the event that this highway was constructed as a Forest Highway, and was advised that the first two years after the construction of the highway, it would be maintained by the United States Government, however, after that period had elapsed, an agreement providing for the future maintenance of the highway would have to be entered into between the Government and a co-operating agency, who would be either the State or the County.

Mr. Sweetser stated he thought too much stress is being laid upon the designation of this road as a Forest Highway and he did not consider the designation to be the foundation of the project because that could be obtained in a short time by a telegram to Washington. He further stated that after the completion of the reconnaissance, on which the Bureau is now working, he felt the next step should be a survey of the project, and brought out that a survey does not depend on the designation.

Commissioner Vyne stated that, inasmuch as the designation of the highway would eventually call for the construction of the highway, he thought it well to look into the features of the costs as well as the relative value of the road. He pointed out that if the road were taken over into the State Highway System, undoubtedly the requirements would be to build it from the Arizona Canal to Canyon, which he roughly esti mated would amount to approximately $1,000,000, and from Canyon to Horse Thief, which cost is estimated at approximately 1,055,000, and in addition to that there would be 60 miles of oil-ing which including base course would amount to approximately $10,000 a mile, making the total cost of a paved road into the Basin around $2,700,000.

System, undoubtedly the requirements would be to build it from the Arizona Canal to Canyon, which he roughly esti mated would amount to approximately $1,000,000, and from Canyon to Horse Thief, which cost is estimated at ap-proximately 1,055,000, and in addition to that there would be 60 miles of oil-ing which including base course would amount to approximately $10,000 a mile, making the total cost of a paved road into the Basin around $2,700,000.

Mr. Brown brought out the legal side of the question as pertaining to the expenditure of Maricopa County funds for the construction or maintenance of a road in Yavapai County.

Commissioner Vyne stated he felt the Highway Commission had two things to consider. First, the construction of the road, which eventually would be approximately $2,700,000 for the completion of the project; and, second, whether or not the State Highway Department would maintain this particu-lar road, or whether it would be taken over by the County for maintenance.

In regard to the second reason, he stated that while he couldn't speak for Yavapai County at this time, they had gone on record some time ago to the effect that if the road were built from Horse Thief to Prescott, joining the Senator Highway, they would maintain their part of it. He pointed out, however, that if Yavapai County would not agree to maintain their part of the high-way, the Legislature could be requested to give Maricopa County permission to spend funds outside of their County.

Commissioner Vyne went on to point out that the Highway Commission had for the past two years steadfastly refused to take any additional mileage into the System until such time as that which is already in the System, is completed. He also stated that the Department has about $700,000 a year to match Federal Aid and this fund should be closely guarded because as soon as additional mileage is taken into the System, the fund will be depleted.Mr. S. A. Spear appeared before the Commission regarding a suit filed against him by the Attorney General's Office for the Motor Vehicle Division, concerning a tax matter under the old Motor Vehicle Fuel Act. He stated that while he may be guilty technically of a violation of the act, he felt there is no violation morally because of the fact this fuel gas was sold under the assumption that it was non-taxable. Commissioner Addams asked Assistant Attorney General Beer for an opinion on this case. Attorney Beer advised that he had gone into the file not long ago and had just looked up the law on the matter, and that if what Mr. Spear says concerning the case is correct, there is no question but he will win the suit. Also, that the bur-den is upon him to prove this gasoline was not used or sold as motor vehicle fuel, and the fact that the case was allowed to go two and one-half years before it was called to his attention would have a great effect on the suit. On being asked if it were his recom-mendation to dismiss the case, Attorney Beer stated that if the facts as stated by Mr. Spear are true and the Com-mission consider them so, he frankly could tell them they had no chance of winning the suit against Mr. Spear.It was regularly moved by Commis-sioner Mansfield, seconded by Commis-sioners Barth and Vyne, and unani-mously carried, that in view of the facts submitted the case against Mr. S. A. Spear be dismissed.

It was regularly moved by Commissioner Vyne, seconded by Commission-er Mansfield, and unanimously car-ried, that a resolution respecting the es-tablishment and location and specific designation as Federal Project 486, Arizona, Oak Creek Highway, Federal Highway Route 7, Cottonwood-Sedona, State Route 79, be adopted.

State Engineer O'Connell recommended, subject to the approval of the Bur-eau of Public Roads, that the contract on the Miami-Globe Highway (Miami Streets) U. S. Public Works Highway Project No. N.R.M. 91-A (1935) A.F.E. No. 517, be awarded to the low bidder, the Wm. Peper Construction Company, in the amount of $1,828.45. It was regularly moved by Commissioner Ad-dams, seconded by Commissioner Vyne, and unanimously carried, that the re-commendation of the State Engineer be accepted. It was regularly moved by Commis-sioner Vyne, seconded by Commissioner Mansfield, and unanimously carried, that a resolution transferring funds in the amount of $11,217.21, be adopted.

It was regularly moved, seconded, and carried, that the Highway Com-mission recess at 12:15 P. M., Decem-ber 7, 1934, to meet again in execu-tive session at 1:50 P. M., the same date. December 7, 1934 The Commission reconvened at 1:30 P. M., December 7, 1934, and went in-to executive session. Those present were Chairman Dowell, Vice-Chairman Vyne, Commissioner Addams, Barth and Mansfield, also, the State Engineer and the Secretary. Officials from the U. S. Bureau of Public Roads and the Forest Service were: Mr. C. H. Sweet-ser, District Engineer, Mr. Levant Η. Brown, Senior Highway Engineer, Mr. C. L. McLane, Highway Engineer, Mr. Frank C. W. Pooler, Regional Forester, and Mr. C. A. Long, Regional Engineer, Forest Department.

Going into open session, Mr. W. B. Woods, of the Town Council of Hol-brook, and Mr. J. W. Hooksay, City Clerk, appeared before the Commis-sion with reference to the status of the project on the Holbrook streets. Mr. Sweetser discussed with Mr. Woods a subgrade drainage system in Holbrook and upon being advised that these mat-ters could be worked out to the satis-faction of all concerned and State En-gineer O'Connell, he stated the project would be started in the very near future.

JANUARY, 1935

It was regularly moved by Commissioner Addams that in connection with the Black Canyon Highway, and furthermore in connection with the Governor's letter of November 5th stating "That this road be designated a Forest-Highway", that this road be so designated from Canyon into Horse Thief Basin, or right into Prescott; either one. The motion was lost for lack of a second.

The Commission went back into executive session and meeting again in open session, the Government Officials after making an appointment to meet with Mr. O'Connell on the 8th, withdrew from the meeting.

The Secretary read a resolution signed by Mr. Levi S. Udall, Vice-President of the Arizona Division of the Canada-Mexico Highway Association, requesting that State Route 81 be extended North from Safford over U. S. 180 to the Junction above Solomonville, and thence through Clifton over State Route 71, via Eagar to Springerville, there following U. S. 260 to St. Johns and State Route 61 from St. Johns to the State New Mexico line, to the end that this route through its entire length through Arizona shall carry but one number, to-wit: State Route 81; except where said Route traverses Ú. S. 180 from Safford to the Junction above Solomonville and U. S. 260 from Springerville to St. Johns, the U. S. numbering remain as it now is with the State Route superimposed above same. The resolution further stated that it is the intention of the Association to work for the ultimate designation of the route above mentioned as U. S. 87 and urging the Highway Commission at the proper time to take steps to secure said U. S. 87 designation and to construct and maintain said highway through the State of Arizona as one of the main North and South arterial highways of this State.

Messrs. Peter Riley and Dodd Greer appeared relative to this resolution and Mr. Riley stated he did not expect Highway 87 to be mentioned in the resolution, but that they were asking that the whole route be designated as State Route 81 instead of the present designations of 71, 75, 260 and 61. Mr. Greer stated the designation of this entire route as State Route 81 would facilitate matters and make it much easier in the directing of tourists.

It was regularly moved by Commissioner Addams, seconded by Commissioner Barth, and unanimously carried, that this request be granted and the highway be designated as one continuous number; namely State Route 81, from the point where it enters Arizona on the Arizona-New Mexico line in the vicinity of Zuni, New Mexico, until it reaches Safford, providing, all U. S. numbers are kept along the route and both numbers are shown.

A group of Tire Dealers appeared before the Commission concerning the prices under which tires are being supplied to the Highway Department at the present time. Mr. W. F. Frerichs, Purchasing Agent, advised the Commission that some time ago five representatives of the larger tire companies

ARIZONA HIGHWAYS

had met with him and it had been agreed that they would meet the prices set by the General Tire and Rubber Company, which allowed their key dealers throughout the State a profit of 12%% on tires sold to the State Highway Department, however, since that time, some of the dealers had not been able to live up to the agreement.

Mr. Fred Tregaskes and Mr. Frank Murphy, acting as spokesmen for the Tire Dealers, advised the Commission that they, as dealers, get only a warehouse handling charge of five per cent on any sales made to the State, and up to date they had not been able to receive refunds on the Federal Excise Tax because the Government had so stated that the invoices must be on a manufacturers' billing, direct from the factory. They stated they had gone into the matter and had written their companies asking for a greater percentage of profit, but so far had not received any replies. The Commission advised that it is their desire to purchase tires here in Arizona from Arizona dealers, and instructed Mr. Frer ichs to keep in touch with these gentlemen and advise the Commission of any developments.

The Secretary read a letter received from Mr. LeRoy T. Harkness of New York stating that on November 15th last, a car driven by his brother, Wm. H. Harkness had overturned near Holbrook, resulting in his death and injury to his wife. Mr. Harkness requested that it be made a matter of record that Corporal W. W. Witt, of the Arizona Highway Patrol, was promptly at the scene of the accident and did what ever was necessary and possible with fine efficiency and consideration.

Chairman Dowell called to the attention of Mr. C. R. McDowell, Superintendent of the Highway Patrol, that the Indians in and around Sacaton are violating several of the traffic rules and regulations in regard to safety and suggested that Superintendent McDowell instruct them in regard to our traffic laws.

Chairman Dowell also discussed with Superintendent McDowell the matter of live stock trespassing on the highway right of way along fenced sections of the highway and asked why some arrests had not been made in this regard. Superintendent McDowell stated it has been impossible to make any arrests because the County Attorneys refuse, on account of the old Herd Law, to issue a complaint or warrant against the owners of the offending live stock. It was recommended that the Attorney General be instructed to draw up a bill to be presented to the next Legislature making the laws more stringent in regard to live stock being on the highways or highways right of way.

The Secretary read the Tentative minutes of November 21, 1934, and they were approved as read.

The Secretary read a letter from Mr. W. L. Carpenter, Superintendent of Equipment, concerning the painting of all highway equipment an orange color. State Engineer O'Connell advised that at a special meeting of the Western Association of State Highway Officials in Santa Fe, New Mexico, this matter had been taken up and a motion recom-

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mending that the Western States have a uniform color for all highway equipment had been unanimously passed by the Western Association of State Highway Officials, and further advised that the various engineers are to report back at the May meeting and a uniform color decided on at that time. It was regularly moved by Commissioner Mansfield, seconded, and unanimously carried, that the matter be deferred until after the May meeting of the Western Association of State Highway Officials.

Mr. Julian Powers, Materials Engineer, made a report on the cost of an Octane Rating Machine, which installed, he stated would amount to approximately $2,000. Commissioner Mansfield, on being advised that there are not sufficient funds in the budget at this time to purchase an Octane Rating Machine, requested that the purchase of such a machine be considered when drawing up the budget for the next fiscal year.

Mr. M. L. Wheeler, Chief Accountant, appeared before the Commission concerning a system audit of the Highway Department. Mr. Wheeler was instructed to contact various Certified Accountants concerning such an audit, and report back to the Commission before taking any action.

Commissioner Vyne, bringing up the matter of surveys on the Horse Thief Basin and the Verde Read Projects, stated he felt that those who are opposed to these projects should be given an opportunity to place their protests before the Commission. After much discussion, it was regularly moved by Commissioner Vyne and seconded by Commissioner Mansfield that the State Engineer be instructed to delay in signing for a survey on the Verde Road Project until such time as all interested parties can be heard at a public meeting. On the call of the roll, Commissioner Barth voted "No", Commissioner Addams stated he was "not voting" Commissioner Mansfield voted "Yes" Commissioner Vyne "Yes", and Commissioner Dowell "Yes". The motion was carried.

It was regularly moved by Commissioner Vyne and seconded by Commissioner Mansfield, that $11,000 be placed on the Horse Thief Basin survey. On the call of the roll, Commissioner Addams stated he was "Not voting", Commissioner Mansfield voted "Yes", Commissioner Barth "No", Commissioner Vyne "Yes", and Commissioner Dowell "No". The motion was lost. Commissioner Addams stated he wanted to talk to his people before voting for a survey without a designation on the Horse Thief Basin Project.

After further discussion, it was regularly moved, seconded, and carried, that the Commission adjourn at 6:45 Р. М., December 7, 1934, to meet again at 8:00 Α. Μ., December 8, 1934, and that the Officials from the U. S. Bureau of Public Roads and the Forest Service, be requested to attend the meeting.

December 8, 1934 The Commission met again December 8, 1934, at 8:00 A. M. These present were Chairman Dowell, Vice-Chairman Vyne, Commissioner Addams, Barth, (Continued on Page 15)