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HomeMy WebLinkAbout1957-05-06city council minutes\ A, COUNCIL CHAMBERS MAY 5th, 195 "r, 8:15 P. M. The Mayor and Council duly elected at the Municipal Election held Tuesday April 23, 1957 mein Regular Session at the City Hall in Caldwell, Idaho, the 6th, day of May, 1957, at the hour of 8:15 P. M. Roll Call showed the following present: Honorable Ed Simmerman, Mayor, Emile Shorb and Max Luby, i� First Ward Councilmen, Fran Blomquist and E. L. Vassar, Second Ward Councilmen, L. P. Eldredge and Leland I Finley, Third Ward Councilmen. Mayor Simmerman expressed his appreciation to Mayor Cascn C. Smith for his six years service as Mayor of the City of Caldwell and pledged the new adminstration would endeavor to work for the best interest 1 1 of the City. Mayor Ed Simmerman, Councilman Max Luby, Councilman E. L. Vassar and Councilman Leland Finley each having taken and filed their oaths of office they were declared duly qualified. The Mayor anncunced the first order of business to be the appointment of a City Attorney. Thereupon the Mayor announced the appointment of Dean E. Miller, to be the City Attorney for the , I City of Caldwell, for a period of two years. o Whereupon Councilman Vassar moved that the appointment be confirmed, this motion was duly seconded by Councilman Lvby. Upon Roll Call those voting in the affirmative were: Blomquist, Luby, Shorb, Finley, Eldredge ` 1 i I and Vassar. Negative: None. Absent and not voting: None. I' The Mayor declared the motion carried and the appointment of Dean E. Miller to be City Attorney, for the City of Caldwell, for a period of two years confirmed. j The Mayor announced that nominations for President of the Council were in order. Councilman Eldredge and Councilman Vassar were nominated. Moves by Finley, seconded by Blomquist that nominaticns be closed. Upon Roll Call it appeared the motion was unanimously carried. Ceuncilman Vassar called for a ballot on nominees for President of the Council. Secret ballot was taken and result of the ballot was as follows: Three votes were Cast for Vassar and three votes cast for Eldredge. The Mayor informed the Council this would be taken up a later meeting. The Following Resolution was presented to the Mayor and Council by Duane Wolfe, Secretary of the Caldwell Community Civic Building Association, Ines RESOLUTION TO THE MAYOR A:VD CITY COUNCIL OF THE CITY OF GALDI'ELL, IDAHO: l On the 25th day of April, 1957, the CAIDWELL COMMUNITY CIVIC BUILDING ASSOCIATION, INC. met and `II heard the report of Major Brooks of the Adjutant General's Office of the State of Idaho, concerning the Armory construction program. This corporation has spent considerable time in investigating the possibility and the need for the I' for the construction of a community center in Caldwell. We believe the need is se obvious that there is it i no contention. 1 As to the possibility and means of acquiring such a center, we are of the firm opinion, based upon , all of our investigations, meetings, and expressicns of opinion from the members of the association, which �h is representative of a51 the civic or':- anizations in Caldwell, that the most feasible method of acquiring `II su -h a center is to make use of the provisions of the Amery construction program of the United States I. Government, and the State of Idaho. This program is a cooperative effort between local and State and National Oovernm at. It has the advantages of fostering anddeveloping the National Guard Program, which we all know contributes so much to i our city, both :inancially and in the sense of National security. )77 I� i It also enables us to acquire a building of substantial size without a large investment on the part of ! local citizens. It is our opinion that the key and the basis of the Armory construction program is the initiative and cooperation of the local community. Unless the local community initiates the program, it will never be fulfia.d. We are informed that the State will not authorize or prepare a construction program unless the community' has first initiated the program and made provisions for the land and a portion of the money. we understand the land is available in one location, and that there are possibilities of other locations- being made available. Ibis presents no particular problem. The Legislature of this State, by Section 46 -722, Idaho Code, has authorized cities to make a one mill levy for the purpose of establishing a fund for the Armory construction program, and also authorizes a one- mill levy for maintenance of the Armory after it is constructed. This Association, on the 25th day of April, 1957, after considering all of the factors above listed, passed a resolution in which we recommended that the Council of the City of Caldwell foster and initiate the Armory construction program by making and establishing a special fund for that purpose and levying a tax of one -mill on each dollar of assessed valuation of taxable property in the City of Caldwell, for that fund. We therefore, respectfully request that the Mayor and City Council pass the necessary ordinance to establish such fund, and the one-mill levy necessary therefor. Respectfully submitted, CALM811 COMMUNITY CIVIC BUILDING ASSOCIATION, INC. /s/ Duane D. Wolfe, Secretary The Mayor and Council were in accord with this request, but, until the audit is completed no action can be taken. Howard Fields was present and protested the sewage disposal charge for 405 Crescent Drive. The Mayor advised Mr. Field this charge would be investigated. A Plat of Raimann's Addition to the City of Caldwell was presented for the approval of the Mayor and Council. Moved by Luby, seconded by Vassar the plat be held for study. Upon Roll Call it appeared the motion was unanimously carried. Application for Beer License was read from R. W. Jasper, the fee accompanying the application. The following letter was read from the Chief of Police: may 6, 1957 Honorable Mayor and City Council Caldwell, Idaho Gentlemen: Her R. W. Jasper Investigation conducted by this Department regarding the character of the above -named subject, discloses no lawful reason why he should not be granted a beer and card license. Yours very truly, /s/ Keith Judd Chief of Police Thereupon Councilman Blomquist moved this license be granted, motion seconded by Councilman Short. Upon Roll Call those voting in the affirmative were: Blomquist, Shorb and Eldredge. Declining to vote Vassar. The City Attorney informed the Council this a;.plicaiion had been aFproved by the Chief of Police and conformed with the Ordinances of the City of Caldwell . Thereupon the Mayor instructed the City Clerk the again call the Roll on the above motion which re- I II suited as follows; Those voting in the affirmative were: Blomquist, Short, Eldredge, Vassar, Finley and Luby. Negative: None. Absent and not voting: None. There upon the Mayor declared the motion carried and the License granted. I The City Engineer reported that he had checked the petition filed with the Mayor and Council petitioning !� the creation of a Local Improvement District "or the purpose of constructing curb and gutter, and oiling on Ash Street, from its intersection with Montana Avenue to its intersection with College Avenue; Howard Avenue from its intersection with Ash Street to its intersection with Logan Street; "T" Street from its intersection with North Illinois Avenue to its intersection with North Ohio Avenue; North Ohio Avenue from its intersection with "P" Street to its intersection with "T" Street; Rim View Drive and "R" Street from their intersection I with "S" Street to their intersection with North Ohio Avenue; Rim View Drive from its intersection with "R" Street to North Ohio Avenue, and found that more than sixty percent of the property owners within the proposed district had signed the petition. Upon motion by Finley, seconded by Shorb the following Resolution was proposedt RESOLUTION By Councilman Finley A RESOIDTION DECLARING THE INTENTION OF THE CITY OF CALMLL TO CREATE AND ESTABLISH LOCAL IMPHOWA ENT DIST- RICT NO. l4 FOR THE CITY OF CALDNELL, CANYON COUNTY, IDAHO, FOR THE PURPOSE OF CONSTRUCTING SUITABLE CURBS AND UUT'TERS AND STREET AND ALLEY VALLEYS THEREIN, STATING THE STREETS AND ALLEYS UPON WHICH THE SAID CURB, GUTTER, STREET, AND ALIE Y VALLEY IMPROVEMENTS ARE TO BE MADE, AND FOR THE PURPOSE OF SURFACING, GRADING, AND OILING THE STREETS AND AVENUES THEREIN, STATING THE STREETS AND AVENUES UPON WHICH THE SAID SURFACING, GRAD- ING AND OILING IMPROVEMENTS ARE TO BE MADE, THE GENERAL CHARACTER OF SAID IMPROVEMENTS, THE ESTIMATED COST OF` THE SAME, AND THAT SUCH COST IS TO BE AFFIXED AGAINST THE ABUTTING, ADJOINING, CONTIGUOUS, AND ADJACENT LANDS ALONG AND UPON WHICH SAID IMPROVEMENTS ARE TO BE MADE AND UPON THE LOTS AND LANDS BENEFITED BY SUCH IMPROVEMENTS AND INCLUDED IN THE IMPROVEMENT DISTRICT FORM, AND THE METHOD HY WHICH THE COSTS AND EXPENSES OF THE IMPROVEMENTS WITHIN THE INTERSECTIONS ARE TO BE PAID, FIRING THE TIME WITHIN WHICH PRO"TS AGAINST SAID PROPOSED IMPROVEMENTS MAY BE FILED IN THE OFFICE OF THE CITY CLERK, AND FIRING THE TIME WHEN SUCH PRO - ZEST SHALL BE HEARD AND CONSIDERED BY THE COUNCIL, DECLARING THE INTENTIONS OF THE MAYOR AND COUNCIL TO PRO- �I VIDE FOR THE COSTS AND EXPENSES OF SUCH IMPROVEMENTS AND THE ISSUANCE OF BONDS PAYABLE IN TEN EQUAL INSTALL - MENTS AND THE ISSUANCE OF INTERIM WARRANTS OF SAID DISTRICT TO BE PAID, REDEEMED, AND RETIRED FROM THE PRO - CMDS OF THE SALE OF SAID BONDS, SAID BONDS TO BE REDMEEn PAID, AND RETIRED OUT OF THE PROCEEDS OF THE SAID ASSESSMENTS LEVIED AND ASSESSED FOR THE PAYMENT OF THE COSTS Attu EXPENSES OF SUCH IMPROVEMENTS AND DECLARING AN EMERGENCY. WHEREAS, a petition signed by sixty per cent of the resident owners of the property abutting, adjoining.,� contiguous, and adjacent to the lots and lands hereinafter described has been filed with the City Clerk re- t questing the organization of a local street improvement district in the City of Caldwell, for the purpose of � I 'constructing suitable curbs and gutters and oiling the streets and avenues in said district, and requesting the cost and expense of said improvements, including intersections, be assessed against all the property in II the district in proportion to the benefits derived; and WHEREAS, it is deemed advisable and to the best interest of the City of Caldwell, Idaho, that a.local '. street improvement district shall be established in said city, including the property abutting, adjoining, contiguous and adjacent to the streets and avenues hereinafter in this resolution specifically set forth and that there be constructed in said district suitable curbs and gutters and street and alley valleys on the. streets and that there be constructed in said district suitable surfacing, grading and oiling of the streets therein and that the cost of said improvements shall be levied and assessed against the lots and portions of land in the district as in the manner according to law. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Caldwell, Canyon County, Idaho: Section 1. That it is hereby declared to be the intention of the Mayor and Council of the Cityof Cald- well, Canyon County, Idaho, to create and establish within said city a local street improvement district to be known as and called "Local Improvement District No. yµ" for the City of Caldwell, Idaho. Section II. That said proposed improvement is an original improvement and the general character of the improvements to be made in said proposed local street improvement district is curbs and gutters and streets and alley valleys to be constructed of P cement concrete, all in accordance with the plans and specs- fications therefor to be hereafter adopted by the Mayor and Council and placed on file in the office of the li City Clerk of Caldwell, Idaho, and is grading, surfacing, and oiling of the streets, and avenues therein, to f be constructed of earth, gravel, and oil, all in accordance with the plans and specifications to be hereafter adopted by the Mayor and Council and placed on file in the office of the City Clerk in Caldwell, Idaho. Section III. That said Local Improvement District No. 44 shall consist of and include all the lots and I� lands abutting, adjoining, contiguous, and adjacent to the following named streets in said city between the J points hereinafter named, to a distance back from such streets and avenues, if platted in blocks to the center of the block, if platted in lots to the center of the lot, and if not platted, to the distance of one hundred twenty -five feet, said streets are designated as followsi Ash Street from its intersection with Montana Avenue to its intersection with College Avenue; Howard Avenue from its intersection with Ash Street to its intersection with Logan Street; "T" Street from Ito intersection with North Illinois Avenue to its intersection with North Ohio Avenue; North Ohio Avenue from its intersection with "P" Street to its intersection with "T" Street; Aim View Drive and "R" Street from their intersection with "S" Street to their intersection with North Ohio Avenue; Rim View Drive from its intersection with "R" Street to North Ohio Avenue. 1 Section IV. That the estimated cost of said improvements herein provided for is the am of $40,394.00. Section V. That the cost and expense of said Local Improvement District No. 44, and the construction of said improvement shall be assessed upon the abutting, adjoining, contiguous and adjacent lots and lands, and upon the lots and lands benefited, and included in the improvement district formed, each parcel of land shell' be separately assessed for the debt thereof in proportion to the number of square feet of such lots and lands abutting, adjoining, contiguous and adjacent thereto, or included in the improvement district to the distance,, back from such streets and avenues, if platted in blocks to the center of the block, if platted in lots to the center of the lot, and if not platted, to the distance of one hundred twenty -five feet and in proportion to the benefits derived to such property by said improvement sufficient to cover the total cost and expense of the work. The cost and expense to be assessed as herein provided for shall include the contract price of the improvement, engineering and clerical service, advertising, interest upon warrants if issued, and all legal services for preparing proceedings and advertising In regard thereto. Section VI. The resident owners of property within such district subject to assessment, having request- ed by petition that the cost and expanse of the improvement, including intersections, be assessed against all the property in the district in proportion to the benefits derived, it is hereby determined that sixty per Cent of the resident owners of the property within such district, subject to assessment, have signed said petition, the total cost and expense of all improvements within the intersections in Local Improvement Dist- rict No. 44, shall be assessed against all of the property in said district in proportion to the benefits derived from such improvements. Section VII. The Mayor and Council of the City of Caldwell shall assume and retain full and complete jurisdiction of all construction work necessary to construct said improvement and to do the same by contract as provided by law. The Committee on Streets, together with the City Engineer, shall, under the direction of the Mayor and Council, supervise said construction work and see that the same is done in strict accordance with the plane and specifications provided by the City Engineer and approved by the City Council, and such contracts as may hereafter be entered into by said City and those to whom the contracts may be awarded after due notice for bids has been published as required by law. Section VIII. That all the property owners who may desire to protest against the making of said improve' - ments and against the creation of said improvement district, may file such protests against the said improve manta in the office of the City Clerk of the City of Caldwell at any time before 5.00 o'clock P.M. on the 22nd day of Macy, 1957, and that the City Council of said City will meet on the 22nd day of May, 1957, at the hour of 9200 o'clock P.M., in the City Council Chambers, in the City Hall in Caldwell, Canyon County, Idaho, the authorized and usual meeting place, to hear and pass upon such protests theretofore filed, and determine ` whether or not to proceed with the said proposed improvements. Section IX. That the City Clerk is hereby authorized and directed to give due and legal notice thereof and of the time within which protests against said proposed improvements or the creation of said district may be filed, and the dais when said protests will be heard and considered by the Council, which notice shall describe the general character of the Improvements proposed to bemads and the estimated total cost thereof, and shall cause notice to be published in three consecutive issues of the News- Tribune, a daily newspaper printed and published in Caldwell, Canyon County, Idaho, the official newspaper of said city, the last publi- cation thereof being at least five days preceding the 22nd day of May, 1957, being the date fixed in this ij resolution within which protests may be filed; and said City Clerk shall cause the publisher's affidavit of said publication to be filed in his office on or before the time herein fixed for the hearing of such pro- tests; a copy of such notice shall be mailed at least five days preceding the 22nd day of MW, 1957, to each owner of property, if known, or his agent, if known, within the limits of said proposed improvement district, �addressed to such person at his post office address, if known, or if unknown, to the post office of the City i 1� of Caldwell, where said improvements are to be made; proof of publication of said notice in said daily news paper must be filed with the City Clerk of the City of Caldwell, Idaho, and the City Clerk of the said City I, of Caldwell must make and file in her office the affidavit showing the filing and mailing of such notices, I' said notice to be given by the said City Clark of the said City of Caldwell and shall be in Substantially i the - following forma "N 0 T I C E ' "NOTICE OF PASSAGE OF RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO, TO CREATE AND ESTABLISH LOCAL IMPROVEMENT DISTRICT NO. 44, FOR THE PURPOSE OF CONSTRUCTING SUITABLE ;CURBS AND GUTTERS AND STREET AND ALLEY VALLEYS IN SAID DISTRICT AND FOR THE PURPOSE OF SURFACINO, GRADING, AND OILING THE STREETS THEREIN, AND FIRING A TIME WITHIN WHICH PROTESTS MAY BE FILED IN THE OFFICE OF THE CITY CLERK AND THE TIME WHEN THE SAME WILL BE HEARD AND CONSIDERED BY THE MAYOR AND COUNCIL. NOTICE IS HEREBY GIVEN, That on the 6th day of May, 1957, the Mayor and Council of the City of Caldwell,) 'Canyon County, Idaho, duly passed a resolution, which was thereupon approved by the Mayor declaring the inten tion of the Mayor and Council of the City of Caldwell, Idaho, to create and establish Local Improvement Dist- rict No. 44 of said city, for the purpose of constructing therein suitable curbs and gutters and street and alley valleys and for the purpose of surfacing, grading and oiling the hereinafter designated streets, to- Ash Street from its intersection with Montana Avenue to its intersection with College Avenue; Howard Avenue from its intersection with Ash Street to its intersection with Logan Streetj "T" Street from its intersection with North Illinois Avenue to its intersection with North Ohio Avenuej North Ohio Avenue from its intersection with "P" Street to its intersection with "T" Streatj Rim View Drive and "R" Street from their intersection with "S" Street to their inter- section with North Ohio Avenue; Rim View Drive from its intersection with "R" Street to North Ohio Avenue. "That the estimated cost of said improvements provided for in said resolution is the sum of $40,394.00; 'said improvements to be constructed of Portland cement concrete, for curbs, gutters, street and alley valleysll 'and earth, gravel and oil for the surfacing, grading, and oiling of the streets, and costs and expenses of th improvements including intersections, shall be charged and assessed upon the property included in the improve- ment district in proportion to the benefits derived, each lot and parcel of land shall be separately assessed for the debt thereof in proportion to the number of square feet of such lots and lands abutting, adjoining, contiguous, and adjacent thereto, or included in the improvement district, which resolution is on file in the office of the City Clerk of the City of Caldwell, to which reference is hereby made for fui information in regard thereto. "NOTICE 13 FURTHER GIVEN, That owners of lands and lots within the boundaries of said proposed improve- ment district who may desire to protest against the making of said improvements or against the creating of said improvement district may file such protest in writing in the office of the City Clerk at any time before 5 -.00 o'clock P.M., on the 22nd day of May, 1957, and the Mayor and Council will meet in the' City Council Chambers in the City Hall of the City of Caldwell, Idaho, the authorised and usual meeting place, on the 22nd •day of May, 1957, at the hour of 8:00 o'clock P.M., to hear and consider all such protests theretofore filed ,and determine whether or not to proceed with the said proposed improvements. "By order of the Mayor and Council this 6th day of May, 1957. (SUL) "ADA HARTENBOWER, City Clerk" Section 1. That bonds shall be issued and'sold to meet the payments of the costs and expenses of said improvements within the boundaries of Local Improvement District No. 44, which is chargeable to the abutting,'; adjoining, contiguous and tributary property and shall be paid for in ten equal annual installments, the firs�, installment to mature within one year from date and the last installment in not more then ten years from dats, II and shall be numbered from one (1) upwards, consecutively, and shall bear interest payable semi - annually and II, said bonds may be sold at not less than par value and the city, for the purpose of meeting the costs and ex- li penses of such improvements as the same are installed prior to the sale of said bonds, will issue warrants against the improvement district, payable to the contractor or the proper person, upon estimates of the City Engineer, bearing interest at the rate of not to exceed seven per cent per annum, which warrants, together 1 ' with the interest thereon at the date of the issue of said bonds shall be redeemed and retired from the pro- ceeds of the sale of said bonds. 1 Section XI. That the construction of said improvement is necessary for the immediate preservation of II the public peace, health, and safety, and therefore an emergency exists and this resolution shall be in full'� ^r- force and effect from and after its passage and approval. Upon Roll Call, those voting in the affirmative were: Vassar, Blomquist, Luby, Shorb, Eldredge, Finley" i Negative: none. Absent and not voting3 none. ii Thereupon the Mayor declared the motion carried, and the Resolution adopted. I , The following Resolution was presented by Councilman Eldredge, who moved the adoption thereof, which motion was seconded by Councilman Shorb: li RESOLUTION By Councilman Eldredge A RESOLUTION ACCEPTING THE ASSESSMENT ROLL OF LOCAL IMPROM ENT DISTRICT N0. 36 FOR THE CITY OF C A:nWRT.T , CANYON COUNTY, IDAHO; AUTHORIZING THE CLERK TO GIVE NOTICE OF THE TIME AND PLACE FCR HEARING AND CONSIDER:- ING OBJECTIONS TO THE SAID ASSESSMENT ROLL; FIXING THE TIME FOR HEARING AND CONSIDERING SAID OBJECTIONS AND" PRESCRIBING THE FORM OF NOTICE. TnMREAS, the assessment roll of Local Improvement District No. 38 for the City of Caldwell, Carryon County, Idaho, has been completed in compliance with the provisions of the laws of the State of Idaho, in such cases made and provided, and the ordinances of the City of Caldwell, Canyon County, Idaho, said assess ment roll having been prepared and made out by the Committee on Sewers, together with the City Engineer, containing the number of assessments, the name of the owner if known, and if not known that the name is unknown, a description of each tract assessed and the total amount of the assessment, and said assessment roll having been so prepared was certified to the Council of the City of Caldwell by the Committee on Sewers and the City Engineer, NOB, TRERE:FORE, BE IT RESOLVED by the Mayor and Council of the City of Caldwell, Idaho: Section 1. That `the assessment roll of Local Improvement District No. 38 for the City of Caldwell, Canyon County, Idaho, be and the same is, hereby accepted and placed on file in the office of the City Clerk! of the City of Caldwell, Canyon County, Idaho. That the City Clerk is hereby authorised and directed to give due and legal notice, in compliance with the provisions of law, to the owner or owners of property which is assessed in said assessment roll, whether named or not named, by publication in three successive issues in the News - Tribune, a daily newspaper printed and published in the 6 ity of Caldwell, Idaho, and the official newspaper of the City of Caldwell. Said notice shall state that the said property owners may file, within tan days from the first publication of said notice of time to file objections to said assessment roll, objec- '- tiona to said assessment roll and that objections will be considered by the Mayor and Council on the 20th i day of May, 1957, at 5:00 o'clock P.M. Section 2. That said notice shall be in substantially the following form, to -wit; °NOTICE OF RECEIPT OF ASSESSMENT ROLL OF LOCAL OMPROVEMENT DISTRICT NO. 38 FOR THE CITY OF CALDMLL, CANYON COUNTY, MARC, BY THE CITY CLERK AND OF THE TIME AND PLACE FOR FILING PROTESTS TO SUCH ASSESSMENT ROLL AND OF THE TIME SET FOR HEARING PROTESTS BY THE CITY COUNCIL. NOTICE IS HEREBY GIVEN That the assessment roll of Local Improvement District No. 38 for the City of Caldwell, Caron County, Idaho, is now on file in my office in the City Hall of the City of Caldwell, Canyon, County, Idaho, and that the same was filed at 5:00 o'clock P.M, on the 6th day of May, 1957 and that the City Council will meet on the 20th day of May, 1957. at 5300 o'clock P.M., at the City Council Chambers in the City Hall in said city of Caldwell, Canyon County, Idaho, to hear and consider objections to said assess- ment roll by the party or parties aggrieved by such assessment. The owner or owners of any property which I is assessed in said assessment roll whether named or not in such assessment roll may, within ten days from the first publication of this notice, file his objections. in writing to said assessment roll to which objec- tion is made as well as the specific ground for such objection. The assessment roll will be open for inspec Lion at the office of the City Clerk of the City of Caldwell, Canyon County, Idaho, on each and every day li except Sundays and holidays between the hours of 9:00 o'clock A.M. and 5 :00 o'clock P.M. Ada Hartenbower City Clerk" Upon Roll Call, those voting in the affirmative were: Vassar, Blomquist, Luby, Shorb, Eldredge, Finley. Negatives none. Absent and not voting. none. Thereupon the Mayor declared the motion carried, and the Resolution adopted. The following is a communication with the Idaho Surplus Property Agency, box 1098, Boise, Idaho: I SASP FORK LA ADDRESS City Hall i t Caldwell, Idaho j TO: IDAHO SURPLUS PROPERTY AGENCY, Box 1098, Boise, Idaho TE m ay 6 19 FROM: Cit of Caldwell, County, ity, School Dist., Health or Educational Institution or Other Organization) SUBJECT: CERTIFICATION AND AGREEMENT FOR PARTICIPATION IN FEDERAL SURPLUS PROPERTY PROGRAM We, the City Council o£ the Cit of Caldwell Idaho certify and agree to the following terms and condltic a� name of governing body governing the acquisition of federal surplus property from the Idaho Surplus Property Agency: i 1. THE DONEE HEREBY CERTIFIES THAT: !` (A) It is a tax- supported or non profit and tax - exempt (under Sec. 501 (c) (3) of the Internal Revenue Ili Code of 1954 or Sec. 101 (6) of the Internal Revenue Code of 1939) school system, school, college, university, medical institution, hospital, clinic or health center, or a civil defense organisation designated pursuant to state law, within the meaning of the federal property and administrative services act of 1949, as amended, and the regulations of the U. S. Department of Health, Education and Welfare (hereinafter referred to as the "Department ". G (B) The property which will be requested is usable and necessary in the state for either educational, public health or civil defense purposes as indicated on the transfer document, including research for aMp such purpose, is required for its own use to fill an existing need, and is not being acquired for any other use or purpose, for use outside the state, or for sale. it (C) Funds are available to pay the costsof care and handling incident to donation, including packing, li preparation for shipping, loading, and transporting such property. 2. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY DONATED: (A) Property acquired by a Donee, regardless of acquisition cost, shall be on an "as is ", "where is" 14 _ basis without warranty of any kind. 3. TERMS AND CONDITIONS APPLICABLE TO ANY DONATED PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2,500 I OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: (A) Such property shall be used only for the educational, public health, or civil defense purpose for which acquired, including research for any such purpose, and for no other purpose. (B) Donees shall make reports to the State Agency on the use, condition, and location of such property and on other pertinent matters as may be required from time to time by the State Agency, the Department, or the Federal Civil Defense Administration, as appropriate, ii 4. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT HAVING A SINGLE ITEM ACQUISITION COST OF $2,500 OR MORE DONATED FOR EDUCATIONAL OR PUBLIC HEALTH PURPOSES: (A) Such property shall be placed in use for the purpose for which acquired no later than twelve months 1, after acquisition thereof. In the event such property is not placed in use within twelve months of receipt, the Donee, within 30 days after the expiration of the twenve -month period, shall notify the Department in writing through the State Agency. Title and right to the possession of such property not so placed in use within the above mentioned period shall at the option of the Department revert to The United States of america, end upon demand the Donee shall release such property to such person as the Department or its designee shall direct. (B) There shall be a period of restriction which will expire after such property has been used for the purpose for which acquired for a period of four years, except that the period of restriction on motes vehicles donated subsequent to June 3, 1955, will expire after a period of two years of such use. _ (C) During the period of restriction the Donee shall not sell, trade, lease lend, bail, 'encumber, or ii otherwise dispose of such property or remove it for use outsida the State without prior written approval of the Department. Any sale, trade, lease, loan, bailment, encumbrance, or other disposal of the pro- i;I party, when such action is authorized by the Department, shall be for the benefit and account of the United States of America and the net proceeds thereof shall be received and held in trust for the United States of America and shall be paid promptly to the Department, except in those instances in which the Department determines that the government's administrative costs in connection vd th receipt thereof will exceed such net proceeds. l (D) In the event such property is sold, traded, leased, loaned, bailed, encumbered, or otherwise dis- posed of during the period of restriction without prior approval, the Donee, at the option of the Depart -,' ment, shall be liable to the United States of America for the proceeds of the disposal or for the fair market value of the property at the time of such disposal as determined by the Department. (E) If during the period of restriction, property is no longer suitable, usable or further needed by ths, Donee for the purpose for which acquired, the Donee shall promptly notify the Department through the J` State Agency, and shall, as directed by the Department or State Agency, either retransfer the property to, such Department or Agency of the United States of America or such other Donee as may be designated, or sell the property at public sale. Such public sale shall be for the benefit and account of the United States of America and the net proceeds thereof shall be received and held in trust for the United States of America and shall be paid promptly to the Department, except in those Instances in which the Depart- ment determines that the Government's administrative costs in connection with the receipt thereof will exceed such net proceeds. (F) At the option of the Department, the Donee may abrogate the terms and conditions set forth in 3, andJ 4. of this document by payment of an amount as determined by the Department. y 5. TERGAS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT HAVING A SINGLE ITEM ACQUISITION COST OF, $2,500 OR MORE DONATED FOR CIVIL DEFENSE PURPOSES: (A) With respect to property donated for Civil Defense Training Purposes there shall be a period of restriction which will expire after such property has been used for such purpose for a period of four years, except that the period of restriction on motor vehicles will a xpire after a period of two years of such use. (B) With respect to property donated for Operational Readiness or Reserve Stock purposes, there shall be' a period of restriction which shall continue in full force and effect un�� eased or otherwise termi- nated in writing by the Federal Civil Defense Administrator. (C) In the event any donated property is used during the period of restriction for any purpose other than that for mb ich the property was acquired, without prior written authorization by the Federal Civil Defense Administrator, all right, title and interest in and to the property, at the option of the Federal; Civil Defense Administrator, shall revert to the United States of America. (D) During the period of restriction the Donee shall not sell, trade, lease, lend, bail, encumber, or otherwise dispose of such property or remove it for use outside the state without prior written approval i of the Federal Civil Defense Administrator. (E) If, during the period of restriction, property is no longer suitable, usable, or further needed for the purpose for which acquired, the Donee shall promptly notify the Federal Civil Defense Administrator througn the State Agency and shall, as directed, by the Federal Civil Defense Administrator or State Agency, either retransfer the property to such Department or Agency of the United States of America or such other Donee as may he designated, or sell the property at public sale. (F) In the event such property is sold, traded, leased, loaned, bailed, encumbered, or otherwise dis- posed of during the period of restiction without prior approval, the Donee, at the option of the Federal Civil Defense Administrator, shall be liable to the United States of America for the proceeds of the disposal or for the fair market value of the property at the time of such disposal as determined by the Federal Civil Defense Administrator. (0) Property donated for purposes of Civil Defense ReserveStocks shall be stored in accordance with criyeria made and approved by the Federal Civil Defense AdminialFator, and maintained in good operating condition by the Donee acquiring title to such property. 'I The following Resolution was presented by Councilman Vassar, who moved the adoption thereof, which motion was ascended by Councilman Shorb: RESOLUTION 4 By councilman Vassar ERESOLVED THAT SASP FORM lA, CERTIFICATION AND AGREEMENT FOR PARTICIPATION IN THE FEDERAL SURPLUS PROPERTY PROGRAM, NOTED ABOVE SHALL BE SPREAD UPON THE MINZITES OF THIS MEETING AND THAT DON W. BAIRD DISASTER RELIEF AND CIVIL DEFENSE COORDINATOR SHALL BE AND HE IS HEREBY AUTHORIZED AS THE HEPRESENTATI OF THE CITY OF 01012M, 0, To OBLIUATE AND OBTAIN THE TRANSFER TO IT, FROM SAID AGENCY, OF SURPLUS PRO - €PERTY UPON AND SUBJECT TO THE TERM AND CONDITIONS RELATING TO TRANSFER OF PROPERTY FOR EDUCATIONAL OR , OR CIVIL D19ENSE PURPOSES SET FORTH ABOVE AND IN ITS NAME AND ON ITS BEHALF AGREE THERETO. RESOLVED FURTHER FURTHER THAT A CERTIFIED COPY OF THIS RESOLUTION HE GIVEN TO THE IDAHO STATE AGENCY FOR SURPLUS PROPERTY, AND THAT THE SAME SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL WRITTEN NOTICE TO THE CONTRARY IS GIVEN SAID SURPLUS PROPERTY SECTION. Upon,Roll Call, those voting in the affirmative were: Vassar, Blomquist, Luby, Shorb, Eldredge, Finley. Negative: none. Absent and not voting: none. Thereupon the Mayor declared the motion carried and the Resolution adopted. The Mayor announced the following Committee appointments: COMMITTEE APPOINTMENTS 1957 -1958 CHAIRMAN MEMBER l FINANCE: Vassar Eldredge ROAD: Finley Vassar II IRRIGATION: Shorb Luby WATER AND SEWER.: Eldredge Shorb i CEMETERY A:tD PARK. Luby Blomquist FIRE AND CITY HALT.: Blomquist Finley AIRPORT: Blomquist Luby SA,1ITA1I0N; Shorb Vassar i Moved by 4 , Y Blom uist sec•.nded b Luby these appointments be confined. Upon Roll Call it appeared the motion was unanimously carried. The following letters of resignation were read: Honorable Mayor and City Council , I Caldwell, Idaho Gentlemen: Due to my acceptance of a better position. I wish to submit my resignation from the Caldwell Police Department, effective April 7, 1957. Respectfully submitted, Isl Robert C. Doolittle f'tarch 31, 1957 March 31, 1957 To The Sonorable Mayor and 'ouncil City of Caldwell Caldwell, Idaho Gentlemen: o Due to the fact that I have gone into business for myself, it is necessary for me to submit my resignation, to become effective April 1, 1957. The years I have spent as a member of the Caldwell Police Force have been a pleasurable experience and it is with certain regrets that I submit the above resignation. Yours very truly, Isl Austin H. Nickel 'Moved by Blomquist, seconded by Shorb these resignations beaccepted. Upon Roll Call it appeared the motion was unanimously carried• The following letter was read from Keith Judd, Chief of Police: May 1, 1957 Honorable Mayor and City Council Caldwell, Idaho Gentlemen: I hereby request that the Mayor and City Council appoint Melvin Pierson, Cecil Thompson, Ronald Wagner and Charles Johnson as Patrolman on a temporary basis. All of these men appear to be of sound character and fitting for the position. These appointments are to replace personnel that have resigned. Respectfully yours, /s/Keith Judd Chief of Police Caldwell, Idaho Moved by Eldredge, seconded by Luby these appointments be confirmed. Upon Roll Call it appeared the motion was unanimously carried. The following Resolution was presented by Councilman Eldredge, who moved the adoption thereof, which motion was seconded by Councilman Shorb: RESOLUTION BY COUNCILMAN SHOBB WHEREAS, WILLIAM F. GIGRAY, JR., ESQUIRE, Attorney at Law, has served as attorney for the City of Caldwell for a period of approximately teh years; and WHEREAS, Luring such time the City of Caldwell has ecp a period of great growth and ex- pansion, resulting in numerous problems requiring a great amount of time and attention on the part of the 'City Attorney, and WHEREAS, WILLIAM F. GIGRAY, JR. has made lasting contributions to the economic, health and moral welfare of our city; NOW, THERE BE IT RESOLVED, By the Mayor and c ouncil of the City of Caldwell, Idaho, that on behalf of all of the people of this city, and in particular, Mayor Leo J. Mason and Mayor Jason Smith , and all of the members who have served on the Council and various offices of the city, recognition is hereby ,officially extended to WILLIAM F, GIGRAY, JR., of and for his services, and our appreciation and gratitude is hereby extended. Upon Roll Call those voting in the affirmative were: Blomquist, Luby, Shorb, Finley, Eldredge and Vassar# Negative: None. Absent and not voting: None. Thereupon the Mayor declared the motion carried and the Resolution adopted. Fred Krall was present and asked if action had been taken on the right of way deed for opening Second Avenue from Ithaca to Lewiston. Mayor Simmerman referred this to the City Attorney. Therebsing no further business to come before the Council, it was moved by Councilman Eldredge, III seconded by Councilman Shorb that Council adjourn. Mcticn c II I ity Ulerk. Mayer.