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HomeMy WebLinkAbout1930-05-12city council minutesuuun lh uma64Hbdu May 12, 1930, 8 :00 o'clock P.M. i II I v The Council met in adjourned session pursuant to adjournment on May 5, 1930, with Mayor McConnel presiding and Councilmen Bollman, Dickens, Gordon, Johns, Leighty and Bandmeyer, present. Absent, None. owing to the absence of the City Clerk the mayor appointed Mr. W. C. Dyer, Acting Clerk and announced that the Council was in session for the considera- tion of any business which might lawfully come before it. Thereupon Councilman Bollman intruduosd Bill No. 1S, by Bollman, entitled: "AN ORDINASOH GRANTING A FRANCHISE TO INTERROUBTAIN CO- OPERATIVE GAS & OIL,COMPAN$, A CORPORATION, FOR THE PURPOSE OF S6YING DOWN AND MAINTAINING GAS PIPES IN, ALONG AND ACROSS THE STOATS, IN THE CITY OF CALDWA%L, IDAHO." - which was read for the first time and the Council proceeded to a consideration of Bill No. 13. , it was moved by Bollmen, duly seconded by Leighty, that all rules re- quiring the reading of a bill on three separate days be suspended and that Bill No. 13, be read the seoond time by title and the third tiie in full and placed on its final passage. The Mayor caused the Clerk to call the roll on the motion with the following results: Thos voting in the affirmative: Bollmap, Dickens, Gordon. Johns, and Leighty. Those ,voting in the negative: Sandmeyer. Absent and not voting: None. The Mayor deolared the motion had passed by the neoessary three - fourths majority and directed the Clerk to read Bill No. 13, ,the second time by title and the third time in full section by section. The Clerk read the Bill as directed The question being "Shall Bill No, 13 pass?" The Mayor directed the Clerk to call the roll which resulted as follows:, Those voting in the affirmative: Bollman, Dickens, Gordon, Johns, and Leighty. Those voting in the negative: Sandmeyer. Absent and not voting: None. Thereupon the Mayor declared Bill No. 13, passed, and thereupon the Mayor, in open session of . the Council, duly signed and approved said Bill and the Clerk duly attested the same, which became Ordinance No. 480. The Mayor thereupon directed the Olork to make the proper entry of the same and cause Ordinanoe No. 480 to be published in the Caldwell- News- Ttibune, the official. newspaper of the City of Qaldwell, County of Canyon, State of Idaho. Mr. R. L. Maxfield, Manager of Growers warehouse Company, appeared before the Council and,presented plane and specification for a proposed warehouse building to be constructed on Lots 7, 8 and 9, in Block 88, of Caldwell, Idaho, and requested that the, council grant a building permit to Growers Warehouse Company, to construct such building. Thereupon Councilman Sandmeyer presented the following resolution and II moved its adoption: RESOLUTION NO. 35. By Sandmeyer. A RESOLUTION GRANTING A "P=IT TO GROVERS WAREHOUSE COMPANY, A CORPORATION, TO BUILD A WAREHOUSE AND PACKING HOUSE WITHIN TBE FIRE LIMITS IN THE CITY OF CALDWELL. IDAHO, TO BE CONSTRUCTED OF INCOMBUSTIBLE MATERIALS, ON LOTS 7, 8 AND 9, IN BLOCS 88, CALDWELL, IDAHO. WHEREAS, Growers Warehouse Company, a oorporation, has applied to the Mayor and Council of the City of Caldwell, Idaho, for a permit to build a ware- house within the fire limits of said city, to be constructed of materials not authorised for the erection of buildings vidthin the fire limits; and MMREAS, Growers Warehouse- Company' has agreed to construct such building out of incombustible materials, under the supervision of the City Engineer, and it appearing for the best interests of said City that said permit be granted; now, therefore, be it RESOLVED, by the Mayor and Council of the 01t7 of Caldwell, Idaho: Seotion 1. Pursuant to the provisions of ordinance No. 470, of the City of Caldwell, Idaho, permission is hereby given and granted to Growers Warehcuse Company, a corporation, to build a storage warehouse, within the fire limits of said city, that is to say on the Southwesterly sixty (60) feet of Late Seven (7), Eight (8) and Nine (9), Block Eighty -eight (88), in the City of Caldwell, Idaho, as shown by the Revised Map of said City on file and of record in the office of the Recorder of Canyon County, Idaho, said building to be fifty by seventy-give J50 x 76) feet; together with a platform five (6) feat in width along the Southwesterly aide of said building and a platform four (4) feet in width along the Horthaeeterly aide Of said building. This permit is granted under tke express condition that the roof and sides of said building shall be covered with non- oonbustible material, and that said building shall, in all :respects, conform to the requirements of said Ordinance No. 47C and all other -Ordinances of the City of Caldwell, relative to the erection, oonstrao- tion and maintaining of such buildings. Sao. 2. ,That the said permit hereby granted is pursuant to said Ordinance No. 470, for the erection, oonstrmetion and maintainance of the class of buildings herein mentioned as a temporary structure and this 133rmit shall exp3're five years from the Hate hereof, :and is granted upon the express condition that the grantee herein, or the owners of said building, on or, before the aspiration of this permit, shall remove said building from within :the fire limits of the city or shall re- constraot said building tb conform to the requirements of the ordinances of the City of Caldwell, covering the construction of buildings within the fire limits. Sec. 3. If said building is not removed or rebuilt within the period granted by this permit, in conformity with the requirements for the erection of build within the fire limits, the City of Oaldwell, may declare said building a nuisance and remove the same at the expense of the owners of said building and of the premises upon which the same is located. Sao.' 4. Said building shall be constructed and maintained at all times under the direction of, and subject to the approval of, the City Engineer and Building Inspector of the City of Caldwell. The motion for the adoption of said resolution was duly aeoonded by Dickens. The question being "Shall the resolution pase`r" The Mayor directed the Clerk to call the roll which resulted as follows: Those voting in the affirmative; Dickens, Gordon. Johns, Zeighty and Sandmeyer. Those voting in the negative: Bollman. Absent and not voting: none. 'Whereupon the Mayor declared the motion carried and Resolution No. 36, adopted, and directed the Clerk to record the aoze upon the journal of the proceedings of the Co{uioil as a part of the minutes of this meeting. Thereupon the Mayor in open session of the Council duly signed and approved said Resolution and the Clerk duly attested the same. J I J ell 72 e Bing a fine set for opening bids called for, for drilling a well at the swimming pool in Memorial Park the Clerk presented to the Council r the Affidavit of Publication of the Notice of receiving bide for the drilling of such well, which affidavit was and is in words and figures as follows: AFFIDAVIT OF'PUBLICATION STATE of mARD, ) ) as. County of Canyon ) Emile A. Shorb being duly sworn, deposes and says that he is foreman of CALDWML PUBLISHING COMPANY, publisher of "The Caldwell News- Tribune, a semi- weekly newspaper published at Caldwell, Idaho; that the said paper f# in general circulation in the County aforesaid, and has been for a period of 78 weeks preceding first publication of this advertisement, a 0o y C which is attached hereto, and was published in the regular edition of said The Caldwell News — Tribune three consecutive issues beginning with the issue of bley 1, 1930 and ending with the issue of may 8, 1930. Signed, Emile A. Shorb Subscribed and sworn to before me this 9th day of nay, 1930. (Seal) Signed, Nell Wilson Notary Public. Residing at Caldwell, Idaho. (Attached to the above affidavit is a true and correct printed copy of the original 6011 for Bide the original of which is on file in the office of the City Clerk.) It was moved by Gordon, seconded by Leighty, that the Clerk be in- structed to insert said Affidavit of Publication as a part of the minutes of this meeting. notion carried. Thereupon At was moved by Leighty and seconded by Gordon that the Clerk proceed to open the bids for the drilling of the well at the swimming pool in Memorial Park. Thereupon the Clerk opened and read the bid of Allen E. Hoeaok, which is in words and fugares as follows: Nampa, Idaho. May, loth, 1930. PROPOSAL FOR DRILLING SPELL. Honorable Mayor and City Council, Caldwell, Idaho. Drilling and casing well with eight inch standard pipe $6.00 per linear foot of well drilled. Drilling six inch well in bottom of eight inch wall and casing same with six inch standard pipe $4.76 per linear foot of well drilled. E. Signed, Allen Hosack well Ooatrao 0r. Thereupon it wee moved by Bollman and seconded by Leighty that the contract for drilling a well at the swimming pool in,Memovial Park be awarded to Allen E. Hosack, in accordance with the foregoing bid, the work to be done under the supervision of the City Engineer, and that the Mayor and City Clerk be authorized and directed to sign such contract with Allen E. Hosack, for and on behalf of the City of Caldwell. Motion carried. Thereupon Councilman Sollman presented the following resolution and moved its adoption: RESOLUTION 110. 36. By Bollman. �i RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF- CALDWELL TO ENTER INTO A CONTR@CT FOR'THE DRILLING OF A WELL. WHEREAS, It is necessary for the proper protection of and to meet the needs and requirements of the City of Caldwell, that an additional well be drill - ed to increase the water supply of said city; and Allen E. Hosack having submitted his bid for the drilling of said well, pursuant to a call for bids given and said bid having been accepted by the City of Caldwell: s NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL Section 1. That the Mayor of the City of Caldwell, be and he hereby is authorized to enter into that certain contract for the drilling of a well, made by and between Allen E. Hosack, party of the first part and City of Caldwell, Idaho, party of the second part, dated the 12th day of May, 1930, which sail contract has been read by and the terms and conditions thereof, approved by the Mayor and City Council of the City of Caldwell, Idaho. The motion for the adoption of said resolution was duly seconded by Leighty. The question being "Shall The Resolution pseu?" The mayor direote¢ the Clerk to call the roll which resulted as follows: Those voting in the affirmative; Bollman, Diokgns, Gordon, Johns, Leighty and Sandmeyer. Those voting in the negative: none. Absent and not voting: none. Whereupon the Mayor declared the motion carried and Resolution No. 36 adopted and directed the Clerk to record the Sams upon the journal of the proceedings of this meeting. Thereupon the Mayor in open session of the Council duly signed and approved Said resolution and the Clerk duly attested the same. The Street Committee presented to the Council the Assessment Roll in Local Improvement District No. 11, for the City of Caldwell, Idaho, whereupon Councilgw Leighty introduced the following Resolution and moved its adoption. RESOLUTION N0. 37 By Leighty. A RESOLUTION ACCEPTING ME. ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 11, FOR THE CITY OF CALDWELL, IDAHO, AUTHORIZING THE CITY CLERK TO DIVE NOTICE OF THE TIME AND PLACE FOR HEARING AND CONSIDERING OBJECTIONS TO SAID ASSESSMENT ROLL, AND FIXING A TIME FOR HEARING AND CONSIDERING SUCH OBJECTIONS. WHEREAS, the Assessment Roll of Local Improvement District No. 11, has'been oompleted in compliance with the provisions of the laws of the State of Idaho, and the ordinances of the City of Caldwell, said Assessment Roll having been prepared end certified to the City Council by the Committee on Streets and the City Engineer; now, therefore, be it RESOLVED, by the Mayor and Counoil of the City of Caldwell, Idaho: Seotion 1. That the Assessment Roll of Local Improvement District No. 11, for the City of Caldwell, Idaho, be acagpted and placed on file in_the office of the city Clerk; and that the said City Clerk is hereby authorized and:diraoted to give due and legal notice in compliance with the provisions of law, to property owners, that objections to said Assessment Roll may be filed within ten days from the first publiontion of the notice of the time to file objections to said Assessment Roil, which objections will be considered by the council on Monday, May 26, 1930, at 8:00 o'clock p.m. The •motiam- .Eox =t�osd jonenf 1e91d Redolutl op,was .drily seconded by Dickens. The question being "Shall the Resolution pass?" The Mayor Directed the clerk to call the roll, which resulted as follows: Those voting in the affirmative; Bollmen, Dickens, Gordon, Johns, Leighty and eandmeyer. Those voting in the negative: None. Absent and not voting: None. Whereupon the Mayor declared the motion carried and Resolution No. 37, adopted and directed the Clerk to record the same upon the journal of the proceedings of this meeting. And thereupon the Mayor in open session of the Council duly'signed and approved said Resolution and the Clerk J J ���, duly attested the same. This being the time set for the oonsideration of objections to the assessment roll of Local Street Lnprovement District No. 9, of the City of Caldwell, "i Idaho, the Clerk preaented to the Council the _affidavit of publication of "Notice of Receipt of Assessment Roll of Local Street Improvement District No. 9, of the City of Caldice,ll,, by the City Clerk and of the Time and Place Set for Hearing Protests." which affidavit was and is in words and figures as follows, �o wit; AFFIDAVIT OF PUBLICATION Filed May 12 -1930 VY.C.Dyer STATE, OF IDARO, ) Acting. City Clerk. ) ee. County of Canyon. 1 Emile A. Shorb being duly sworn, deposes and says that he is foreman of CALDWELL MLISHING COMPANY, publisher of The Caldwell Newe- Tribune, a semi teekly newspaper published at Caldwell, Idaho; that the said paper is in general oiroula- tion in the County aforesaid, and has been for a period' of 78 weeks proceeding first publication of this advertisement, a copy of which is attached hereto and was published in the regular edition of said The Caldwell Newe - .'Tribune Ursa consecutive issues beginning with the issue of May 1. 1930 and ending with the issue of May 8, 1930. Signed, Emile A. Shorb. Subworibed and sworn to before me this 9 day of May, 1930. Signed, Ns4l Wilson Notary Public. (Seal) Residing at Caldwell, Idaho. (Attached to said Affidavit was and is a true and correct printed copy of the origi- nal of said "Notice of Receipt of Assessment Roll of Local Street Improvement District No. 9, of the City of Caldwell by the City Clerk and of the time and Place set for hearing Protests." above mentioned now on file in the office of the Oity Clerk ' of City of Caldwell as follows:S NOTICE OF RECEIPT OF ASSESSMENT ROLL OF LOCAL SMET IMIPROPNNT DISTRICT 110. 9, OF TB.E CITY CF CALDYVELL, HY THE CITY CLERS AND OF THE TIO AND PLACE BET FOR HEARING PROTESTS. NOTICE IS HEREBY GIVES That the assessment roll of Local Street Improve- Mont District No. 9, of the City of Caldwell, Idaho, is ncrs on file in the cefioe of the City Olerk, in the Olty Hall, in the City of Caldwell; that said assessment roll was filed 4:00 P.M., on the 30th day of April, 1930; that the City Council of the City of Caldwell, has fixed Monday, the 12th day of May, 1930, in the Council 9hambere, in the City Hall, in the City of Caldwell, as the time and place at which saia:Coungil will beer and consider objections to said assessment roll by the parties aggrieved by such assessments. The owner or owns re of any property which is assessed in such assessment roll, whether named or not in such roll, may within ten (10) days from.the first publication of this notice, file with the Clerk, his or their objections in writing to said assessments, or any part thereof. Said object- ions must be definite and specific as to the property or piece of property in such assessment roll to which objection is made, as well as the specific grounds of such Objections. Said. assessment roll will be open for inspection at the office of the City Clerk in the Dity Hall of the City of Caldwell, on each and every day, except Sundays and Holidays, between the hours of 9:00 o(olook A.U.. and 5;00 o'clock P.M. By ORDER of the City Council, this 30th day of April, 1930. W._ c. er _ (seal) Act' ng T G y eP . Thereupon, it was voted on motion of Leighty, seconded by Dickens that said affidavit 'of publication of said "Notice o f Receipt of Assessment Roll,eto ", above the mentioned inoluding/sitached printed copy of said Notice, be inserted by the Clerk as a part of the minutes of this meeting. Thereupon, the following order was made and entered by unanimous action or the Council: " ORDER NO. 1 IK LOCAL STREET IMPROV3MNT DISTRICT NO 9. AN ORDER CONFIRMIED AND APPROVING THE ASSRSM ET ROLL I3.LO0AL STREET IMPROVOMT DISTRICT NO. 9<, OF THE CITY OF CALDWELL, IDAHO, The Committee on Streets of the City of Oaldwell, together with the Cdty Engineer of said city having heretofore certified and submitted to the Mayor and Council the Assessment Roll of Lw al Street Irit- rovement District No., 9, of the 0ity of Caldwell, Idaho, and it appearing that said Assessment Roll-wae received in the office of the City Clerk of the City of Caldwell, at 4 ;00 o'clock P.M.. on the 30th day of April, 1930; and that said Assessment Roll is now on file in said office; And it further appearing that the Mayor and Council of the. said City of Caldwell. at the meeting of said Mayer and Council, held in the City Hall of said city on the 30th day of April, 1930, passed Resolution No. 34, ordering said Assessment Roll placed on file in the office of the City Clerk of the City of Caldwell, and fixing the 12th day of achy, 19$0, at 8:00 P.M., in the Council Chambers in the City Hall of said City of Oaldwell, as the time and place for hear» ing and considering objections to said Assessment Roll; and directing the City Clerk- of the said city to give due and legal notice in compliance with the provisions of law, of the filing of said Assessment Roll in his office, the date of filing thq. same and the time and place at which the Council weald hear and consider objections to said Assessment Roll by parties aggrieved by such assessments and the persons by whom and the time within which said objections should be filed, and further directing that said notice be published in the Caldwell News- Tribune, the official newspaper of said city, in the issues of'May 1, 1930, May 5, 1930 May 8, 1930; all of which more fully appears by said Resolution No. 34; And it further appearing that the City Clerk of the said city gave notice of the receipt of said Assessment Roll and of the time and place fixed for hear- ing protests thereto, directing t$e time, place and manner filing said objections; all of which more fully appears by said notice, dated the 30th day of April, 1930, and now on file in the office of the City Clerk of the City of Oaldwell; and it further appearing that said not ice was published as directed in eadd Resolution No. 34, in the Caldwell News- Tribune, the official newspaper of said city, in the issues of May 1, 1930, May 5, 1930 and b=ay 8, 1930, as more fully appears by the affidavit of publication of said notice on file in the office of the City Clerk of said city of Caldwell; and it further appearing that`notioe was duly and regularly given in all respects as required by law and the orders of the Mayor and Council; And it further appearing that the time for filing objections and protests having aspired, and the time fixed and appointed for hearing and considering such objections and protests having arrived and it further appearing thht no objections or protests whatsoever have been filed in said matter; and said Assessment Roll having come on regularly for hearing and consideration and the same having been fully and dull considered by the Mayor and Council of the City of Caldwell, Idaho, and said Assessment Roll, together with all proceedings in making such assessment having by said Mayor and Council been found-regular, valid, correct, equitable, fair, just, proper and in all respects legal and according to the laws of the state of Idaho, and the ordinances of the City of Caldwell; a I{ F ' I NOW, TBEREFORB, IT Is HPCCWY ORDERRD By the Mayor and Council of the City of Caldwell, Idaho. Seoticn 1. "That said Assessment Roll of Local street Improvement District ,No. 9, of the Gity of Caldwell, Idaho, be and the name hereby is approved and confirmed. section 2. That the City Clerk shall immediately oertify and file said Assessment Roll with the City Treasurer of the City of Caldwell, for collection of said assessments according to law; and that due notice of the time, plane and manner of making these payments of assessments contained in said Assessment Roll be given by said Treasurer of the City of Caldwell, in the manner provided by the laws of the State of Idaho, and the ordinances of the City of Caldwell. Thereupon, it was moved by Councilman Dickens, seconded by Councilman Gordon that "Order No. 1, in Local Street Improvement District No. 9, be adopted and approved. The question being: %hall the order pass?", the ka yor directed the Clerk to call the roll, which resulted as follows:' Those voting in the affirmative: Bollman, Dickens, Gordon, Johns, 'Leighty and Sandmeyer. Those voting in the nega- tive: None. Absent: None. Thereupon, the Mayor deoleted the motion carried and Order No. 1 adopted and approved and direoted the Clerk to record the same upon the Journal of the proceedings of the Council as a part of the minutes of this meeting. And thereupon, the Mayor and Clerk in open session of the Voundil, signed and approved said order. Thereupon, motion was made by Leighty, seeanded' by Johns that further consideration of the bid of H. J. MdNeel for performing labor, furnishing materials and constructing the works propcmed to be constructed in Loa.-al Street Improvement District No. 9. of the City of Caldwell, Idaho, be continued for further con - sid §ration to the meeting of the Mayor and Council to be held in the Council Chambers in the City Hall, in the City of Caldwell, May 26, 1930 'at 8 :00 o'clock 1 Those voting in the affirmative: Bollman, Dickens, Gordon, Johns, Leighty and Sandmeyer. Those voting in the negative: None. Absent and not voting: None. Thereupon, the Mayor declared the motion carried. By direction of the Mayor the Clerk read the minutes of the meetings of April 7th, 9th, 14th, and 30th, 1930. It was moved by Johns and seconded by Sandmeyer that the minutes be approved as read. - Motion carried. it was moved by Leighty and seconded by Bollman that the Oouncil adjourn to reconvene on May 26, 1930, at 6:00 cleleek P.M. idotlon carried. Thereupon the Council adjourned pursuant to the foregoing motion. P yo W Aot113g 01 C er .