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HomeMy WebLinkAbout1955-10-24city council minutes.2 2, Mayor Jason C. Smith presiding. Upon Roll Call the following Councilmen answered present: Gee Cleveland, C. J. Shorb, L. P. P Eldredge and J. M. Bettis. Absent; L. E. Burrell, Fran Blomquist. Also present were: City Engineer Melvin Lewis, Earl Reynolds and Robert Halverson. The matter of -forming a co- operative gas association was discussed. � Whereupon tentative Articles of Incorporation were referred to the City Attorney for study. s There being no further business to come before the Council it was moved by Councilman Eldredgg, seconded by Councilman Bettis that Council adjourn. Motion carried. � II Manor. City Clerk. COUNCIL CHAMBERS - OCTOBER 24th, 1955 8:00 F. A. The Council met pursuant to call and acknowledgment of notice in the following form: 1 CALL AND ACKNOYYLEDGMENT OF NOTICE We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho each hereby acknowledge notice of a special meeting of said City Council to be held at the Council Chaubera in the City Hall in the City of Caldwell, Idaho at-the hour of 8:00 o'clock P. M* on the 24th day of October, 1955, for the transaction of all business in connection with the following objects Hearing protests to Assessments Rolls of Local Improvement Districts Numbers, 24, 25 26, 27, 27 29, 30, 31 32 3L and 35, which object was submitted to each of the undersigned in .writing. WITNESS our signatures this 24th, day of Oc tober, 1955. QMrf ayor. Mayor Jason C. Smith presiding. Upon Roll Call the following C ouncilmen answered presents Fran Blomquist, L. E. Burrell, Gen Cleveland, Emile Shorb and J. M. Bettis. Absent: L. P. Eldredge. This being the time set for the consideration of objections to the assessment rolls of Local Improvement Districts Nos• 24, 25, 26, 27,28, 29 30, 31, 32 311, 35 and 36 for the City of Caldwell, 9anyon County, Idaho, the Clerk presented to the Council the Affidavit of Publication of the Notice of Receipt of n Assessments Rolls of Local Improvement Districts Numbers, 24, 25, 26, 27 28 29 30 31, 32, 34 35 and I 36 for the.City of Caldwell, Canyon County, Idaho, by the Clerk and of the time and place for filing 111 }}} protests to such Assessment Rolls and of the time set for hearing protests by the City Council, which af- fidavit is in words and figures as follows to -sit: AFFIDAVIT OF PUBLICATION STATE OF IDAHO, ) ) as. - -�' County of Canyon ) VIRGIL GRAY, being first duly sworn, deposes and says; That he is the Foreman of Western Idaho Publishers,. Inc., publisher of THE CALDWELL -NEdnS TRIBUNE, a daily newspaper published at Caldwell, Idaho, within the meaning of Chapter 154 of the 1933 Session Laws of Idaho; published six consecutive days a week except legal holidays. And that the publisher of said THE NEWS- TRIBUNE, a daily newspaper, has all 'the time since the 5th day of July, 1933 and in each issue thereof, at the head of the editorial column of said newspaper, announced the day of the week to -wit: Saturday, on which legal notice required by law or by ord r of any ourt of competent jurisdiction to be published weekly, will be published; that the said paper is in general circulation in Canyon County, Idaho and has been for a period of seventy -eight weeks preceding the first publication of thid advertisement, a copy of which is attached hereto, and by reference thereto made apart of this affidavit, and was published in the regular daily issue of* THE NEWS:.TRIBUNE for three consecutive days begLwang with the issue of October 11, 1955 and ending with the issue of October 13, 1955. Virgil Gray Subscribed and worn to before me this 15th day of Pettober, 1955 Notary Public for Idaho, residing at Caldwell, I4ho- G. Cochrane � The Mayor asked if there was anyone present who wished to protest the Assessment Rolle of Local Improvement Districts. Numbers 24 251 26, 27, 28, 29, 39, 31, 32, 34, 35 and 36. Protests were filed against the Assessment R011B of Local Improvement Districts Numbers 27 28 and 35. The City Engineer was instructed to study protests against Local Improvement District Numbers 27 28 and 35 and report back to the Council. Counolman Blomquist entered and was marked present. Councilman Eldredge entered and was marked present. ORDER IMPHOVE6SE[dT DISTRICTS NOS. 24, 25, AN ORDER COmFIRIMINC ANDAPPROVINO THE ASSESSMENT ROLLS IN LOCAL 26, 27, 28 29, 30, 31, 32, 34, 35 and 36, OF THE CITY OF CALnWELL, IDAHO. The Committee on Streets of the City of Caldwell, together with the City Engineer of sadi City of Caldwell, have heretofore certified and submitted to the Mayor and U ouncil, the Assessment Rolls of Local Improvement Districts Nos, 24, 25, 26 27 28, 293 30, 31. 32, 34, 35 and 36 of the city of Caldwell, Idaho,N and it appearing that the assessment rolls were received in the Office of the City dlerk of the City of Cald well, at 500 o'clock P. M., on the 4th day of October, 1955; and that said Assessment Rolle are now on file in said office; And it further appearing that the Mayor and Council of the City of Caldwell, at a meeting of said Mayor and Council, held in the City Hall of said City, on the 4th day of October, 1955 passed a resolution ordering said assessment rolls to be placed on file in the Office of the City Clerk of the City of Caldwell, and fixing the 24th day of October, 1955s at 8200 o'clock P. M., in the Council Chambers in the City Hall of said City of Caldwell, as the time and place for hearing and considering objections to said Assessment Rolls; and directing the City C;erk of the said City to give due and legal notice im compliance with the provisions of law, of the filing of said Assessment Rolls in his office, the date of filing the sane and the time and place at which the Council would hear and consider objections to said Assessment Rolls by parties aggrieved by such assessments and the persons by whom and the time within which said objections should he filed, and further directing that said notice be published in three successive issues of The News - Tribune, a daily paper printed and published in the City of Caldwell, Idaho, and the official newspaper of the City of Caldwell all of which more fully appears in said resolution; And it further appearing that the City Clerk of the said City gave notice of the receipt of said Assessment Rolls and of the time and place fixed for hearing protests thereto, directing the time, place and manner of filing said objections; all of which more fully appears lry - notice dated the 4th Aav 'nf .' October, 1955, and now on file.in the office of the City Clerk of the City of Caldwell; and it fur appearing that said notice was published as directed in the said resolution above mentioned, in The Tribune, the official newspaper of said City, in the issues of October 11, 1955, October 12, 1955, fully appears by the affidavit of publication of said notice on file in the o--Xice of the City Clex said City of Caldwell; and it further appearing that notice was duly and regularly given in alltesF required by law and the orders of the Mayor and Council; And it further appearing that the time for Filing objections and protests having expired, time fixed and appointed for hearing and considering such objections and prrtests having arrived aaz further appearing that no objections or protests whatsoever have been filed in said matter; and sa: Assessment Rolls having come on regularly for hearing and consideration and the same having been £+ duly considered by the Mayor and Council of the City of Caldwell, Idaho, and said Assessment Rolls with all proceedings in making such assessments having by said Mayor and Council been found regula: correct, equitable, fair, just, proper and in all respects legal and accoxtting to the laws of the Idaho, and the ordinances of the City of Caldwell; NOW, THEREFORE, IT IS HE ffiHY ORDERED By the Mayor and Council of the City of Caldwell, I Section 1. That said Assessment Rolls of Local Improvement Districts Nos. 24, 25, 26, 29, 30, 31, 32, 34, 35 and 36 of the City of Caldwell, Idaho, be and the same hereby are approved confirmed. I LJ L�� Section 2e That the City Clerk shall immediately certify and file said Assessment Rolls with the City Treasurer of the City of Caldwell.' for collection of said assessments according to law; and that dueenotice of the time, place and manner of making these payments of assessments contained in said Assess- - ment -Rolls be given by said Treasurer of the City of Caldwell, in the manner provided by the laws of the State of Idabo, and the ordinances of the City of Caldwell. Upon Roll Call those voting in the affirmative were; Blomquiat,'Burrell, Cleveland, Shorb, �I -�' Eldredge and Bettis. Negative: None. Absent and not voting. None. Thereupon the Mayor declared the motion carried and the Order adopted. Thereupon Councilman Burrell introduced Bill No, 13, entitledz AN ORDINANCE GIVING NOTICE TO ALL CITIZENS OF, AND OWNERS OF PROPERTY IN THE CITY OF GALDWELL, i THAT AN APPLICATION HAS BEEN PRESENTED FOR THE VACATION OF THE ALLEY AS CONTAINED IN BLOCK ll6 OF STRARORN I ADDITION NO. 1 ACCORDING TO THE REVISED MAP OF CALDr'M L, IDAHO, FILED JULY 29, 1891, AT 3:00 P. M. AND N(l OF RECORD IN BOOK 1 PLATS, PAGE 20, RECORDS OF OANYON COUNTY, IDAHO. which was read for the first time and the Council proceeded to a consideration of Bill No 13. It was moved by Councilman Shorb, seconded by Councilman Cleveland that the rules requiring that the reading of a Bill on three separate days be suspended and Bill No 13,be read the second time by title and the third time in full sectiom by section and placed on the final passage. The Mayor directed the Clerk to call the Roll on the above motion with the following result: Those voting in the affirmative were^. Blomquist, Burrell, Cleveland, Shorb, Eldredge and Bettis. Negative: None. Absent and not voting: None. The Mayor declared the motion had passed by the necessary three,Iourths majority and directed the Clerk to read Bill No 13, the second time by title and the third time in full section by section and placed on the final passage. The Clerk read the Bill as directed. The question being "Shall Bill No 13 pass ? " The Mayor directed the Clerk to call the roll on the above question which resulted as ,follows: Those voting in the affirmative were: Blomquist, Burrell, Cleveland, Shorb, Eldredge and Bettis. Negative: None. Absent and not voting; None. Thereupon the Mayor declared Bill No 13, had passed and the Mayor in open session of the Council duly signed and approved the Bill, and the Clerk 4uly signed and attested the same which became Ordinance No. 860. The Mayor directed the Clerk to make proper entry of the same and to cuase Ordinance No 860, to 1 published in the Caldwell News - Tribune the official newspaper of the City of Caldwell, Idaho. Thereupon Councilman Shorb introduced Bill No. 14, entitled:, AN ORDINANCE OF THE CITY OF CA104ESJ,, IDAHO, AMENDING SECTION 1 OF ORDINANCE NO. 859 OF THE CITY OF CALUTELL, IDAHO. Mich was read for the first time and the Council proceeded to a consideration of Bill No 14. It was moved by CouncilmanShorb,%conded by Councilman Blomquist that the rules reouiring that the reading of a Bill on three separate days be suspended and Bill No. 14, be read the second time by title and the third time in full section by seetion. and placed on the final passage. The.Mayor directed the Clerk to call the Roll on the above motion with the following result: Those voting in the affirmative were: Blomquist, Burrell, Cleveland, Shorb, Eldredge and Bettis. Negative; None. Absent and not voting; None. The Mayor declare: the motion had passed by the necessary three - fourths majority and directed the Clerk to read Bill Ng. 14, the second time by title an d the third time in full section by section. The Clerk read the Bill as directed, The question being "Shall Bill No. IL pass?" The Mayor directed the Clerk to call the Roll on the above i question which resulted as follows: Those voting in the. affirmative were: Blomquistt, Burrell, Cleveland, Shorb, Eldredge, and Bettis. Negative: None. Absent and not voting; None. Thereupon the Mayor declared that Bill No 14, had passedand the Mayor in open session of the Conn© duly reigned and approved the Bill, and -the Clerk duly signed and.attested the same which became Ordinance No. 861. The Mayyor, directed the Clerk to make proper entry of the same and to cause Ordinaicw No 861, to be, published in the News - Tribune the official newspaper of the City of Caldwell, Idaho. The following letter was read from the Idaho Natural Gas Company: October 31, 1955. Honorable Jason C. Smith C M i ayor H of Caldwell, Idaho Cal Idaho er s Dear Mayor Smith: As you probably know, the Idaho Supreme Court, on Friday, October 28, 1955. revered Order grant ng back to the the ertificateeSoro�uraingasr hearings, di is ribution inSuth- er Idaho. Inasmuch as the primary objection raised by the Court was our "speculative" gas sii the which, since the time feel P further €C roceedings been sho �d take acontracts great with the pipeline company, we amount of time. The petition for rehearing will be mailed you within a week or two which will explains more in detail our problem and position. Although the Court's action was surprising, and of course disappointing, we are confident of a successful conclusion without too werious a delay. Very truly Yours, /a/ Ceo W. Carpenter President. approval. Quit Claim Deed from Vern H. "Rudolph for road right -of -way was presented to the Council for Moved by Bettis, seconded by Cleveland that this deed be accepted and Clerk be instructed to have same recorded. City of Caldwell, Its Mayor and City Council October 13, 1955. Gentlemen: Although heretofore we have m'c{e informal application we thouykt that a fgrmal application should a ma a in order to be in your records, an there£ ore aho Natural Gas Company hereby applies for the right and and permission to use the streets and allays of Caldwell to lay pipes in connection with the distribution of natural gas to consumers in Caldwell upon such terms and conditions as you determine proper and permitted by law. As you know, Idaho Natural Gas Company has been granted the Certificate of Convenience and Necessity by . Under this Certificate is ouroobliga di serve g as to consume consumers, if in your community. it is possible so to do. Undoubtedly you are aware of our problem with reference to obtaining pipe. We have been notified that in view of the scarity of rollmd steel for pipe that unless we are able to put in our order shortly, there can be no guarantee of delivery next spring. It is our plan to have installed distribution systmes in all communities where we have been given the right to lay pipes by the time that gas is available from the transmission line of Pacific Northwest Pipeline Corporation, which date has now been announced as July 1, 1956 There is also the problem of the Pacific Northwest Pipeline Corporation, and un- doubtedly you haveread the press dispatch of the announcement by Mr. Fish, Chairman of its board, as to the service to any community where the system is not ready to receive gas when the pipeline corporation has it available. It there is any information you desire, please let us know, and we should like to appear before you at your earliest convenience. Yours very truly, IDAHO NATURAL GAS COMPANY Frank Meek, Attorney, representing Bill Richardson was present and discussed the dumping of trash the City, on vacant lots at Eighteenth and Fillmore. The Mayor informed Mr. Meek the dumping of trash by the City on these lots had been discontined. Farl Reynolds, Ray Hardin and John Cramer were present and explained the Engineering Report on Feasibility of a Gas Distribution System for the City of Caldwell. The Mayor requested the Council to make a thorough study of this report. Therebeing no further business to comebefore the Council it was moved by Councilman Bettis, seconded by Councilman Eldredge that Council adjourn. Motion carried* mayor. } I J City Clerk.