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HomeMy WebLinkAbout1974-08-13city council minutesBook 15 Page 99 SPECIAL MEETING August 13, 1974 4 :oo P.M. The meeting was called to order by Mayor Pasley. The roll of the Council was called with the following Council members presents Gamboa, Carter, McCloskey, Williams and Banks. Absents Dakan. (MINUTES) ' It was MVED BY Carter, SECONDED BY McCloskey to dispense with the reading of the minutes. MOTION CARRIED (PROPOSED PROPERTY TRADE, BILL #25) Mayor Pasley asked City Attorney to advise on the proper way to proceed with a new ordinance on the property exchange. Mr. Tunnicliff stated he had drafted another ordinance which incorporated all the provisions of Ordinance No. 1331, except that Luby Park was taken out and the proposed 10 acres of land was put in, reserving right for water line. At Tuesday's regular council meeting he would present an Ordinance which would repeal Ordinance No. 1331. After a discussion, it was decided that in order to expedite this Bill and set a public hearing date, this would be considered the first reading; the second reading would be at the special Council meeting Monday afternoon, and the third reading would be at the regular Council meeting Tuesday night. Councilman McCloskey read the following Bill No. 25. AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, DECLARING THE INTENT TO EXCHANGE THE FOLLOWING DESCRIBED REAL PROPERTY TO SCHOOL DISTRICT NO. 132, CALDWELL, CANYON COUNTY, IDAHO, SAID PROPERTY BEING OWNED BY THE CITY: CARNEGIE PUBLIC LIBRARY SITE Lots 19, 20, 21, 22, 23, and 24 of Block 24 of Dorman's Addition to Caldwell, Idaho. CEMETERY LAND The Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 15, Township 4 North, Range 3 West of the Boise Meridian, excepting therefrom the south 28 feet and the west 30 feet fw street rights -of -way in Canyon County, Idaho; and the west 60 feet of the Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 15, Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho, subject to a 20 foot easement for a water line. PROVIDING THAT SAID REAL PROPERTY SHALL BE'EXCHANGED FOR PROPERTY OWNED BY SCHOOL DISTRICT NO. 132, CAIDWELL, CANYON COUNTY, IDAHO, WHICH SAID REAL PROPERTY IS DESCRIBED AS FOLLOWS- JEFFERSON SCHOOL PROPERTY Property between Dearborn Street and Everett Street described as follows: (a) In Fair Acres to Caldwell, Idaho All of Block 17 Part of Block 18 as follows: Commencing at the Southerly corner of Block 18; thence Northeasterly along the Southeasterly line of Block 18, 128 feet; thence Northwesterly and parallel with the Southwesterly line of Block 18, 200 feet; thence Southwesterly and parallel with the Southeasterly line of Block 18, 128 feet to the Southwesterly line of Block 18; thence Southeasterly along the Southwesterly Book 15 Page 100 line of Block 18, 200 feet to the Point of Beginning. (b) In Dorman's Addition to Caldwell, Idaho, and in Block 18 Fair Acres of Dorman's Addition All of Block 35 All of Block 36 of Dorman's Addition and part of Klock 18 of Fair Acres, described as follows: Commencing at the Easterly corner of Block 36 of Doman's Addition; thence Northwesterly along the Northeasterly line of Block 36 of Dorman's Addition and the Northeasterly line of Block 18 of Fair Acres, 225 feet; thence Southwesterly and parallel with the Southeasterly line and the Southeasterly line extended of Block 36 of Dorman's Addition, 128 feet; thence Southeasterly and parallel with the Northeasterly line of Block 18 of Fair Acres and the Northeasterly line of Block 36 of Dorman's Addition, 225 feet to the Southeasterly line extended of Block 36 of Dorman's Addition; thence Northeasterly along the Southeasterly line extended and the Southeasterly line of Block 36 of Dorman's Addition, 128 feet to the Point of Beginning. (c) Vacated Eleventh Avenue from the Northeasterly line of Everett Street to the Southwesterly line of Dearborn Street. Property between Everett Street and Grant Street and Northwest of Twelfth Avenue: (a) In Fair Acres to Caldwell, Idaho All of Block 16 All of Block 13 (b) In Dorman's Addition to Caldwell, Idaho All of Block 37 (c) Vacated Fillmore Street from the Northwesterly line of Twelfth A to the Southeasterly line of Eleventh Avenue. PROVIDING THAT THE CONSIDERATION RECEIVED BY THE CITY OF CALDWELL IS ADEQUATE; PROVIDING THAT SAID EXCHANGE IS IN THE BEST INTERESTS OF THE CITY OF CAIDWELL, PROVIDING THAT A PUBLIC HEARING SHALL BE HELD ON SAID PROPOSED EXCHANGE; PROVIDING THAT NO EXCHANGE SHALL OCCUR UNTIL AT LEAST SIXTY (60) DAYS HAVE EXPIRED FROM DATE OF PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING THAT SAID EXCHANGE SHALL BE SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING NOTICE OF PUBLIC HEARING SHALL BE PUBLISHED; PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, AS FOLLOWS: SECTION 1: Be it ordained that the City Council has determined on good cause that it is in the best interests of the City of Caldwell to exchange the above described real property for property owned by School District No.. 132, Caldwell, Canyon County, Idaho; that the consideration for said exchange is adequate and further hereby declaring the intent to exchange said property. THAT THE CONSIDERATION FOR SAID EXCHANGE IS THE ABOVE DESCRIBED PROPERTY OWNED BY SCHOOL DISTRICT NO. 132, CALDWELL, CANYON COUNTY, IDAHO. SECTION 2: That the consideration for said exchange is adequate and that said exchange is in the best interests of the City of Caldwell. 1 1 1 SECTION 3: Be it further ordained that a public hearing be held before the City Council more than sixty (60) days from the date of adoption and approval of this ordinance and that notice thereof be given. Book 15 Page 101 SECTION b: That the exchange be under the following terms and conditions: 1 (a) The School District would convey to the City all of its right, title and interest in that certain real property upon which the present Jefferson Junior High School is situated, bounded by Dearborn, 12th, Everett and 10th Streets, excluding that portion owned by the State of Idaho, and the Northwesterly corner thereof under private ownership. (b) The District reserves the right to use its maintenance shop building on said property at its present site until June 1, 1975; the building to remain the property of the District, and the District agrees to provide for the moving of the said building shortly after the first day of June, 1975, to a new location. (c) The District also reserves the right to use the claserooms, gymnasium and auditorium situated on the said real property for a period up to five years at an annual rental of $1.00 per year from the date of exchange. Time District shall be responsible, during that period of time, to keep the buildings insured and to provide maintenance of the buildings. Thereafter, if time buildings are still in existence and have not been demolished by the City, the District shall be entitled to the use of the said buildings when the occasion demands without payment of rental. The District will pay a reasonable fee for the janitorial clean -up and utilities for each use made of said buildings. The District further grants the City the use of the said buildings on the same basis for the initial five years from the date of the exchange of properties. District reserves furniture and fixtures. n The District will convey to the City all of its right, title and interest in the District's property between Everett and Grant Streets lying to the north and west of 12th Street. III (a) The City, in consideration of the property conveyed by the District as set forth above, would convey to the District approximately 10 acres of ground hereinabove referred to as ' Cemetery Land. (b) The City reserves the right to use Cemetery Land at an annual rental of $1.00 per year for a term of five years from the date of the exchange, during which period of time the City-will provide for insurance and maintain the premises. IV The City acknowledges that it has prepared the plans and specifications for the water and sewer lines to the District's new Junior High School south of the City, and the City is aware of the contract which was awarded for the construction of the same, and agrees to absorb all of the costs of the District in reference to the said contract, and to the installation of the water line. The City will convey all of its right, title and interest in that certain real property known as the Carnegie Public Library including all adjacent lots owned by the said City in said Block situated on the Southwest corner of Block 24 of Dorman's Addition. (a) The City shall be entitled to possession and use of the said Carnegie Public Library until completion of the new library on the Jefferson Junior High School site within a reasonable time after June of 1975 not to exceed a period of 24 months. DwIng the time the City continues to use and occupy the building, it will provide for insurance and maintain the premises. Upon completion of the new library, the District will be entitled to ' immediate possession of the Carnegie Public Library property. (b) The City has also advised tha District that the City Plans to develop a new city park on city property in the area of 3rd acid Madison Streets, Caldwell, Idaho. VI„ The District and City agree to`provide proper notification to the insurance companies carrying the insurance coverage on the various properties, including but not limited to the fire and public liability, that the other governmental agency should be named as the insured in.the,policy by virtue of the terms,of the exchange of properties, and it is anticipated that such additional insured can be named without additional costs to the governmental unit obligated to pay the premium on the policies of insurance. e � r Jr •i ly .ma y „ r �- - � r le ft AAQ OR ' _ par � •' - ri 4a mw - �, is ,A • i y.TS .� � It - F1 d