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HomeMy WebLinkAbout1910-10-31city council minutesI� the motion, the vote resulted: Ayea -- Farrar, Gartin, Harris, Paynter -.4 . Nays - -O. Absent -- Clark. Present and hot voting -- Devers. So the motion prevailed. Councilman Clark enters. A motion was made by Clark that the warrants issued to Chas. H. Hanson on the Water Works Fund for drilling wells be cancelled, and that warrants be drawn for the amopnts with accrued interest on the Water Works Extension Fund. The roll being call- ed on the motion, the vote resulted: Ayes -- Clark, Devers, Farrar, Gartin, Harris, Paynter - -6. Nays and absent - -0. So the motion prevailed. Voted, on motion of Gartin that Council adjourn to meet at I :30 p. m. October 31, 1910.E October 31, 1910. Council met in regular session pursuant to adjournment with Mayor Gowen, presiding, and Councilmen Clark, Devers, Gartin, Paynter, present; Shorb, Clerk. Protests against the assessment roll of Local Lateral Sewerage Improvement District No. 4, of J. A. Dement. G. S. Branard, Clara L. Watkins, J. W. Watkins, Martha A. Boone, Jacob Leick, W. W. Simmonds, Lettie P. Aakey, L. Mealer, Frank J. Holderman, Charles S. Gibson, J. M. Patton, Jacob Stroup, Dorothy Denton Dement, Ida Mabel Norton, G. L. OTUOkham, were filed according to law and protest of J. A. Dement, as follows, wag read: "In the matter of the proposed assessment against Lots 1, 2, 3, 4, 5, and 6, Block 52, Original Townsite and Lots 7 to 24 Dement Block Caldwell, Idaho, owned by J. A. Pement for the construction of a sewer in Local Lateral Sewerage Improvement District ido. 4, of the City of Caldwell, Idaho. To the N+ayor and City Council of the City of Caldwell, Idahot Comes now J.'A. Dement and protests against the proposed assessment against Lots 1, 2, 3, 4, 5, and 6 in Block 52, Original Townsite, and Lots 7 to 24 Dement Block, Caldwell, Idaho, for the expense of constructing a sewer in Local Lateral Sewer- age Improvement District No. 4, of the City of Caldwell, Idaho, on the following grounds, to -wit: I. That in the proposed assessment for said sewer and in the proceedings organ- izing the said sewer district and lsading up to said Iroposed assessment, the City Council of the said City of Caldwell, and the alleged Sewer Committee for said Sewer District have not proceeded according to law, and such proposed assessment is null and void for the Following reasons, to -wit: (a) That the affidavit of publication of Ordinance No. 173 of said City was not filed ,With the clerk of said city on or before the 27th day of June, 1910, the time fixed for the hearing of protests against the organisation of said sewer district. (ba TJt4t_ne Sewer Committee for said sewer district has been appointed, as 11 Section 2343 of the Idaho Revised Codes, and as provided by Ordinance No. 176 bf said City of Caldwell. (c) That no estimate was made by the City Engineer of said City of Caldwell prior to the execution of the contract for the construction of said sewer; estimating the cost of the labor and materials necessary for the construction of.said sewerage works in said district, as required by 8ectidn 2201 of the Idaho Revised Codes. (d) That the proposed bond issue as provided for in Ordinance No: 182 of said City is for the aum of $?11,000.00, while the alleged engineer's estimate, as mentioned in Ordinance No. 1'73 and in the notice to Contractor's, is only tlO ,000.00. (e) That Ordinanee No. 173 of said City does not sufficiently describe the character of the said proposed sewerage 6 stem,'as provided by Paragraph 3 of Section 2353 of the Idaho Revised Codes. (f) That the appointment of Ile alleged sewer committee for said Sewer District No. 4, if such appointment was ever made, wee illegal and void, in that said committee consists whmlly of members of the Council of said City of Caldwell; that the appointment of the members of said City Council In not in compliance with the provisions of Section 2343 of the Idaho Revised Codes. (g) That the land embraced in said sewer district is composed of two areas whilb are not contiguous and that the sewer system of each of said areas has a separate and distinct outlet. (b) That said assessment is not in proportion to the property front feet of the lots and land included in said sewerage improvement district, or in proportion to the benefit derived by said sewerage improvement. . Iz. That said property can derive no benefits from said assessment, or from said sewer, for the following reasons: (a) That that part of said sewerage system fronting on the said r- roperty of this protestant, as now constructed and laid, is at, near and above the surface of the ground; that the ground where said sewer is so constructed and laid is on about the same grade as the street grade established by the City Engineer of said City. (b) That said system will not provide for the drainage of heating basements or other cellars built below the surface of the ground. (c) That the waste flowing through the pipes of said system will freeze during the winter season and obstruct the passage through said pipes and render said system useless. (d) That said seeder system leaks and allows the waste flowing through the same to flow out and upon the land adjacent thereto, thereby causing a menace to the health of the inhabitants of the nel�hborbood and rendering the property therein un- desirable for residence purposes. (e) And for the further reasons that connections with said system can not be made in compliance with Section 14 of Ordinance No. 180 of said City of Caldwell; that said.Ordinance Pdo. 180 provides that sewer pipe shall not be laid lees than two feet below the aurface of the ground. III . That said alleged sewer committee has caused said sewer to he constructed at an expense greatly in excess ofthefalr and reasonable cost thereof, thereby imposing an unjust b and expense upon the property of this protestant. IV. That the benefit to said lots by reason of the construction of said sewerage system is inconsequential and totally disproportionate to the expense thereof. That the compensation allowed said Sewer Committee is not a proper charge against this the property of this protestant. V. That the said Sewer and Street Committees and the City Council of said City are acting without au?i.ority of law in MILL A'n;; a n i confirming the proposed aesedament for the construction of said sa.rerags system in the manner set forth in said assessment roll. J. A. DPPMTT. Bated this 21st day of October, 1810. Whereupon further roading of protests is waived by attorneys for protestants. The followirtL; prot,:st was read: 0 9 m 0 "In the matter of the proposed assessment against the lots owned by the persons hereinafter named for the construction or a sewer in Local Lateral Sewerage Improvement 1 m District No. 4, of the City of Caldwell, Idaho, To the, Mayqr and City Council of the City of Caldwell, Idaho: Come now J. A Dement, G. L. Crookham, W. Earle Norton, Dorothy Dement, W. W. Simmonds, Lettie P. Askey, J: M. Patton, F. J. Holderman, C. S. Gibson, ;Martha A. Boone, L. Mesler, Jacob Stroup:, D. S. Dranard, Sam.J. Van Hyming, Jacob Leick, all of whom are owners of lots vrithin Local Lateral Sewerage Improvement District No. 4 of the City of Caldwell; Idaho, and protest, against Robert Farrar, J. G. Gartin, It. J. Devers, and I. N. Paynter members of said City Council taking any action to confirm the assessment roll of said Local Lateral Sewerage Ia,rrovement District No. 4, and also protest against Robert Farrar, J. G. Gartin, M. J. Devers, and I. 11. Paynter as members of said City Council tukinE any action on the protests hereto. °ore filed by Said persons against their assessments for the sewerage improvement in said district. This protest is made on the °ollowing grounds, towit: That the following members of said City Council, to -wit, Robert Farrar, J. G. Gartin, M. J. Devers, and 1. N. Paynter are interested parties in said assessment roll. Smith &- Scatterday, Rice, Thomrson,a Buckner. Attorneys for Protestants. Councilmen Farrar and Itarris enter. A motion was made by Farrar that the Assessment Roll of Local Lateral Sewerage District No. 4, as filed by the Server and Street Committees be approved. The roll being called on the motion, the vote resulted: Ayes -- Devers, Farrar, Gartin, Paynter - -4. Nays - -0. Present and not voting -- Clark. Absent -- Harris. So the motion prevailed. A motion was made by Clark that the Assessment Roll of Local Lateral Sewerage District No. 3, as filed by the Sewer and Street Committees be approved. H. D. Andrews made verbal protest against the assessment claiming that the assassmente on all the lots were to high. The roll being called on the motion, the vote resultad+ Ayes -- Clark, Devers, Farrar, Gartin, Paynter - -5. Nays --0. Absent -- Harris. So the motion prevailed. A motion was made by Clark that the amended asseasment roll of Sewerage District No. 3. be approved as amended. The roll being called on the motion, the vote resulted: Ayes -- Clark, Devers, Farrar, Gartin, Paynter - -5. Nays - -0. Absent -- Harris. So the notion prevailed. A motion was made by Clark that the certified check of the 'Warren Construction Company in the Bum of (1,000.00 given to insure contract for maintainanee be returned by the Ci&y Clerk. The roll Lein. gilled on t_.e motion, tho vote resulted: Ayes -- Clark, Devers, Farrar, Gartin, Paynter - -5. Nays - -0. Absent -- Harris. So the motion prevailed. Voted, on motion of Farrar, that the certified check of F. H. Rollins & Sons In the sum of 4500.00 deposited with their bid be returned. A motion was made by Clark that the special assessment rolls for gidecaalk, lei Vaving, sewers and sprinkling as prepared by the City Engineer be approved and that the same be ordered placel on the assessment rolls of Canyon County as special assessments of the City of Caldwell for the year 191 0 , for improvements. The roll being called on the motion, the vote resultedt Ayes -- Clark, Devers, Farrar, Garth , Paynter - -5. Nays - -0. Absent -- Harris. So the motion prevailed. Toted. on motion of Devers that council adjourn.