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HomeMy WebLinkAbout1926-10-04city council minutesi COUNCIL GRAMMES, OCTOBER 4, 1926. The Council met in regular session, pursuant to law, on October 4,, 1926, at 8:00 o'clock, p, m., with Mayor Kaley, presiding; Councilmen: Dutton, Kimbrough, Mumford, Moom - o nel, and ,Wheeler, present; absent: Conley. City Clerk, S. Carle Boyes, being also presert ril 1� The minutes of the previous sessions were read and approved. This being the date set for opening bids on the Combination Fire Truck and Pumper it was voted on motion of Iimbrough, duly seconded by Wheeler, that the 14ayor and Council organize themselves into an Executive Session, and let the bidders have fifteen minffi as each in which to explain the merits of the different makes of machines on which they were bidding, respectively. Thereupon the Council went into E.:eoutive Session. COTZCIL IN SESSTOV. Thereupon it was moved by Kimbrough, duly seconded by I:lumford, that the Council proceed to open the bids for the fire equipment, t>totion carried. Thereupon the follow- ing bids were opended and read by the Clerk: Howard- Cooper Corporation w12, boo. 00 For a 750 gallon Pumper and Chassis Seagrave Oorporation 12,500.00 .A. G. Long Company 12,500.00 ]Clack International Truck Co. 10,453.00 Nickerson Machinery Company 8,250.00 Southern Fire Apparatus Co. 8,280.00 a n It W. S. Slott & Company 5,068.00 1 560 W. S. Nott E Company 9,383.00 " 2 " ". Pumpers It was moved by L'imbrough, duly seconded by Uumford, that the Council meet as a Committee of the Whole, during a session to be held beginning at 6:00 o'clock, p. m., on October 6, 1926, the same to be in Executive Session, to consider the bibs for fire fight. ing apparatus, and to report back to the Council in regular session. motion carried. This being the time set for the consideration of objections to the organization of Local Street Improvement District No. 5, the Clerk presented to the Council the Affi- davit pf Publication of the Ordinance of Intention to Create Local Street Improvement Dis trict No. 5, which Affidavit was and is in words and figures as follows, to -wit: AITIDAVIT OF PUBLICATION. "STATE OF IDAHO, ) - • Ss. COUNTY OF CANYON.) "ENSILE A. SHORB, being first duly sworn, deposes and says that he is foreman of CALDWELL TRIBUNE PUBLISHING COMPANY, publisher of M CALDWELL TRIBUNE, a weekly newspaper published at Caldwell, Idaho; that the said paper is in general circula- tion in the County aforesaid, and has been for a period of 78 weeks preceding the first publication of this advertisement, a copy of which is attached hereto, and was published in the regular edition of said THE CALDWELL TRIBTMR, 2 consecutive weeks =, beginning with the issue of Sept. 24, 1926, and ending with the issue of Oct. 1, 1926. t Signed) : mILE A. SHORB. Subscribed and sworn to before me this 2nd dayof October, 1926. (Signed): ITELL WILSON (SEAL). Notary Public. Residing at Caldwell, Idaho." (Copy of Ordinance Iio. 427 attached) Thereupo . it !was-moved by McConnel, duly seconded by +heeler, that the Olerk be Nn- tructed to insert said Affidavit of Publication as a part of the minutes of this meeetiig potion carried. , Thereupon the Mayor announced that this was the time for the consideration of pro. eats filed against the creation of Local Street Imptovement District No. 5, and the mak- ❑g of the proposed improvements therein. The Clerk stated that no protests had been fib d against the creation of Local Street Improvement District No. 5, and the making of the, roposed improvements therein. Thereupon Counoilman Theoler presented the following res o-- i 11 lution and moved its adoption: 11 G RESOLUTION NO. 38c BY WHEELER. "A RESOLUTION AUTHORIZ=G THE IiIAYOR AIM COU7I0IL OF THE CITY OF CALDWELL, IDAHO, TO PROCEED l'IITH THE WORIC OF ESTABLISHING AND CREATING LOCAL STREET n1TROVE]L2NT DISTRICT NO 5, AND THE CONSTRUCTION Or CURBS AND GUTTERS THEREIN. "V AREAS, heretofore and on the 13th day of September, A. D., 1926, Ordinance No 427, entitled: 'An Ordinance Dnelating the Intention of the Council of the City of Caldwel Idaho, to Create and Establish Local Street Improvement District No. 5, of the City of Cal well, Idaho, for the purpose of constructing suitable curbs and gutters therein, stating the Streets and Alleys upon which said improvement is to be made, the general character of said proposed improvements, the estimated cost of the same, and that such cost is to be as sessed against the property abutting, fronting, contiguous or tributary (and included in the assessment district herein provided) on such streets to'?be improved; and fix the time within which protests against said proposed improvements may be filed in the office of the City Clerk, declaring the 'intention of the llayor and Counoil to provide for the cost and expense of such i.dtprovements and issuing bonds of the said district, repealing Ordinances No. 344 and 346, and all ordinances and resolutions and orders, or parts thereof in con- flict herewith and declaring an emergency,' visa duly passed and approved, declaring the in tention of this Council to Ureate Local Street Improvement District No. 5, in the City of Caldwell, Idaho, for the construction of Curtis one gutters therein; and, "TWREAS, said Ordinance No. 427, ties duly published as provided by law, in two consecutive issues of The Caldwell Tribune, the official newspaper of said City, published and of general circulation therein before the time fixed in said Ordinance for the filing of protests against said proposed improvement's by the owners of lands and lots abutting on said improvements and included in said assessment district; and, "WHEP,EBS, the original publisheria Affidavit of the publication of said Ordinance No. 427, as aforesaid, has been filed with the City Clerk; and, "VIHEREAS, no protests have been filed against the creation of said Local Street Improvement District No. 5, or the proposed improvements to be made therein; now, therefor( be 3t "RESOLVED, by the Mayor and Council of the City of Caldwell, Canyon County, Idah( "Section 1. hat the Mayor and City Council proceed with the work of establish- ing and creating Local Street Improvement District 110 5, in the City of Ualdwell, Idaho, and the construction of curbs and gutters therein, as passed by Ordinance No. 427, passed and approved September 13th, 1925. The motion for the adoption of said resolution was duly seconded by 1,1e0onnel. Th question being, "Shall the Resolution pass ?" The Idtayor directed the Clerk to call the roll which resulted as follows: AYES: Dutton, Yidvbrough, Yumford, 1100onnel, and Wheeler. NAYES: None. Absent: Conley. Thereupon the Mayor declared the motion carried and Resolution No. 38 adopted, and directed the Clerk to record the same upon the journal of the prooedings of the Council, as a part of the minutes of this meeting, and thereupon the Mayor and C1er in open session of the Council duly signed and approved said Resolution. Thereupon Councilman Dutton introduced Bill 11o. 22, by Dutton, entitled: "A?1 ORDINANCE CREATIIG AIM ESTABLISHING A LOCAL I ? NT DISTRICT TO BE CALLS 'LOCAL STREET IIPROVEIAE21T DISTRICT 110. 5,' IN THE CITY OF OALDUELL, CANYON COUNTY, IDAHO; DESIGNATIIIG THE STREETS AND POINTS BE7-L F= V7HICR SAID 112ROVMIENTS SHALL BE VAI) , AND PRO- VIDING FOR TIM COITORRUCTIO14 Or CURBS AIM GUTTERS THEREIN; PROVIDING THAT THE COST AND EX- PENSE OF SAID 111PROV2 1EITT SHALL BE TAXED AIM ASSESSED AGAINST ALL THE PROPERTY III SAID I1d- PROT=111T DISTRICT FROIPTING OR ABUTTING OR CONTIGUOUS OR TRIBUTARY TO THE PORTIONS OF SAID Il ■il H1 �1 STREETS SO 111PROVED; AIM PRESCRIBING ,THE METHOD OF SUCH ASSESS11ENT AND THE PAYIU3 THEREOF; REPEALING ALL: RESOLU110I12, OR ORDERS, OR PARTS THEREOF IN CONFLICT HERMITTH, AID DECLARING AN MIERGENCY," was read for the first time, and the Council proceeded to a con- sideration of Bill No. 22. It was moved by 1"imbrough, duly seconded by I,Iumford, that all rules requiring the reading of a bill on three separate days be suspended and that Bill No. 22, be read the second time by title and the third time in full and placed on its final passage. The Mayor oaused the Clerk to call the roll on the motion with the following result: Ayes::- Dutton, Kimbrough, Rumford, I,foCOnnel, and 1 .7hooler. Noyes: None. Absent: Conley. So the /Mayor deolw+ ad the motion had passed by the necessary three - fourths majority, and directed the Clerk to read Bill No. 22 the second time by title and the third time in full, section by section. the Olerk read the Bill as directed. The question being "Shall Bill No. 22 pass ?" The Nay - or directed the Clerk to Call the roll, which resulted as follows: Ayes: Dutton, Kimbrough, Uumford, Sloconne1, and Wheeler. Noyes: None. Absent: Conley/ Thereupon the Mayor declared Bill No. 22 had passed, which was approved by the Mayor, and now became Ordinance No. 428, the Mayor thereupon directed.the Clerk to make the proper entry of the same and cause Ordi- cance No. 428 to be published in the Caldwell Tribune, the official newspaper of the City d 3aldwell, County of Canyon, State of Idaho. This being the time set for the consideration of objections to the Assessment RAI of Local Street Improvement District No. 6, the Clerk presented to the Council the Affidavit of Publication of the Dotice of Filing of Assessment Roll of Local Street Improvement Dis- trict No. 6, which affidavit was and is in words and figures as follows, to -wit: "Affidavit of Publication. State of Idaho, County of Canyon. so. Daile A. Shorb, being first duly sworn, deposes and says that he is foreman of CALDI7ELL TRIBUNE PUBLISH- ING COIMUrf, publisher of THE CALDl7E11 TRIBUNE, a weekly newspaper published at Cald- well, Idaho; that the said paper is in general circulation in the County aforesaid, and has been for a period of 78 weeks preceding the first publication of this advertisement, a copy of which is attacked hereto, and was published in the regular edition of said THE CALDI7ELL TRIBUIIE, 3 consecutive weeks, beginninlg with the issue of Sept. 17, 1926, and ending with the issue of Oct. 1, 1926. (Signed) ;=LE A. SHORB. Subscribed and sworn to before me this 2nd day of October, 1926. (Signedj, HELL ',IILSOJ4. Notary Pubih lioi Residing at Caldwell, Idaho. (Seal)." (Copy of Notice attached). Thereupon it was moved my t7heeler, duly seconded by i:iumford, that the Clerk be in. itructed to insert said Affidavit of Publication as a part of the minutes of this meeting. motion Carried. Thereupon the Mayor announced that this was the time for the considering protests tiled against the Asseasment Roll of Local Street Improvement District Ido. 6. The Clerk s tated that no protests had been filed against the Assessment Roll of Local Street Improve - Dutton ent District No. 6. Thereupon Councilman /presented the following Resolution and moved its doption: RESOLUTION NO. 39. BY DUTTON. "A RESOLUTION APPROYING AND CONFIRISING THE ASSESSIENT ROLL OF LOCAL STR=iT MPROVI - NT DISTRICT NO. 6. "WHEREAS, the Assessment Roll of Local Street Improvement District No. 6, of the City of Caldwell, Idaho, has been certified by the Committee on Streets and the City EnIgi- eer, and was filed in the office of the City Clerk of the City of Caldwell, State of Idaho n the 13th day of September, 1926, and is now on file in said office; and "WHEREAS, the 4th day of October, 1926, at eight o'clock, p. m., in the City Hall f said City, was fixed by the Council as the time and place of hearing and considering ob- actions to said assessments as made and shown by said Assessment Roil; and "WIL REAS, the time for filing protests having expired, and the time for hearing nd considering the same having arrived, and the said Assessment Roll having been fully and my considered by the PuIayor and Council of the City of Caldwell, and having been found reg- adoption: RESOLUTION ITO. 40. BY 17H]L=R. "ARESOLUTION AUTHORIZING AND DIRECTING THE CLERK OF THE CITY OF CALL) - V' L, IDAHO, TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF CURBS AND GUTTERS IN LOCAL STREET Ih!PROVE X'MT DISTRICT NO. 5, IN THE ICI HTER PROVIDED FOR IN ORDINANCE NO. 428. "Be it'Ree6lved by the Mayor and Council of the City of Caldwell, Idaho: "Section 1. The Clerk of the ° ity of Caldwell, Idaho, 14 hereby ordered and di- rected to advertise for bids to be received by the vity Council of Caldwell, Idaho, at the office of'the City Clerk in the City Hall until the 2nd day of November, 1926, at b o'cloc p. m., for the contraction of curbs acid gutters of Portland cement concrete in all those streets and alleys described in Local 8trest Improvement District 170. 8, in the City Of 8aldwell, Idaho, in the manner provided for by Ordinance No. 428. No proposal to be con- sidered unless accompanied by a certified check in favor of the City of Caldwell for five per cent of the total amount bid, as evidence of good faith, to be forfeited if the suc- cessful bidder fails, neglects or refuses to enter into a contract and provide suitable bond for the faithful performance of the work and protection of the labor and materialmen in case the contract is awarded him. The amount of the bond is to be a sum equal to the total amount of the successful bid. The right to be reserved to the City to reject any and all bids or to let the work as a whole or in parts, as may appear to the best interest of the City." The motion for the adoption of said Resolution was duly seconded by Uumford. Th question being "Shall the Resolution pass ?" The Nayor directed the Clerk to call the roll, which resulted as follows: Ayes: Dutton, I:imbrough, Mumford, McOonneli and Wheeler. Naye None. Absent: Conley. Whereupon the IJayor declared the motion carried and Resolution No 40 adopted, and directed the Clerk to record the same upon the journal of the prooedings of the Council, as'a part of the minutes of this meeting; and thereupon the Mayor and Cle I in open session of the Council duly signed and approved said Resolution. It was moved by Wheeler, duly seconded by IJumford, that the Council adjourn to Wednesday, October 6th, 1926, at 8:00 o'clock, p. m. Uotion Carried. Approved: Ci y lerk. or. f111 ular, valid, correct, fair and justand in compliance with the laws of the State of Idaho, and the Ordinanoea of the City of Caldwell in all particulars; now, therefore, be it "RESOLVED, by the ',:fayor and Council of the City of Caldwell, Idaho: "Section 1. That the Assessment Roll of Local Street Improvement District No. 6 in the City of Caldwell, County of Canyon, State of Idaho, be, and the same is hereby ap- proved and confirmed. "Sea. 2, That the said Assessment Roll be placed in the hands of the City Treas urer for collection, and that due and legal notice of the time, place and manner of makil cash payments of the assessments contained in said Assessment Roll, be given in the manner provided b.� the laws of the State of Idaho, and the Ordinances of the City of Caldwell. The motion for the adoption of said Resolution was duly seconded by'Mumford. The question being 11 3be11 the Resolution pass ?" The Yayor directed the Clerk to call the roll, which resulted as follows Ayes: Dutton, Fimbrough, 1lumford, 11cConnell, and Wheeler. Hayes None. Absent: Conley. Whereupon the Mayor declared the motion carried and the Resolutim No. 39 adopted, and directed the Clerk to record the same upon the journal of the °proced - ings of the Council, as a part of the minutes of this meeting; and thereupon the Mayor and Clerk, in open session of the Council duly signed and approved said Resolution. Thereupon Councilman Wheeler presented the following Resolution and moved its adoption: RESOLUTION ITO. 40. BY 17H]L=R. "ARESOLUTION AUTHORIZING AND DIRECTING THE CLERK OF THE CITY OF CALL) - V' L, IDAHO, TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF CURBS AND GUTTERS IN LOCAL STREET Ih!PROVE X'MT DISTRICT NO. 5, IN THE ICI HTER PROVIDED FOR IN ORDINANCE NO. 428. "Be it'Ree6lved by the Mayor and Council of the City of Caldwell, Idaho: "Section 1. The Clerk of the ° ity of Caldwell, Idaho, 14 hereby ordered and di- rected to advertise for bids to be received by the vity Council of Caldwell, Idaho, at the office of'the City Clerk in the City Hall until the 2nd day of November, 1926, at b o'cloc p. m., for the contraction of curbs acid gutters of Portland cement concrete in all those streets and alleys described in Local 8trest Improvement District 170. 8, in the City Of 8aldwell, Idaho, in the manner provided for by Ordinance No. 428. No proposal to be con- sidered unless accompanied by a certified check in favor of the City of Caldwell for five per cent of the total amount bid, as evidence of good faith, to be forfeited if the suc- cessful bidder fails, neglects or refuses to enter into a contract and provide suitable bond for the faithful performance of the work and protection of the labor and materialmen in case the contract is awarded him. The amount of the bond is to be a sum equal to the total amount of the successful bid. The right to be reserved to the City to reject any and all bids or to let the work as a whole or in parts, as may appear to the best interest of the City." The motion for the adoption of said Resolution was duly seconded by Uumford. Th question being "Shall the Resolution pass ?" The Nayor directed the Clerk to call the roll, which resulted as follows: Ayes: Dutton, I:imbrough, Mumford, McOonneli and Wheeler. Naye None. Absent: Conley. Whereupon the IJayor declared the motion carried and Resolution No 40 adopted, and directed the Clerk to record the same upon the journal of the prooedings of the Council, as'a part of the minutes of this meeting; and thereupon the Mayor and Cle I in open session of the Council duly signed and approved said Resolution. It was moved by Wheeler, duly seconded by IJumford, that the Council adjourn to Wednesday, October 6th, 1926, at 8:00 o'clock, p. m. Uotion Carried. Approved: Ci y lerk. or. f111