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HomeMy WebLinkAbout1928-11-16city council minutes�q visions of the laws of the State of Idaho, and the ordinances of the City of Caldwell, said Aseessment•Roll also having been prepared and certified to the Council by the Com- mittee on Streets, together with the City Engineer. "NOW, THEREFORE, BE IT RESOLVED, By the Mayor and Council of the City of Caldwal , Idaho; "Section 1. That the Assessment Roll of 'Local Improvement District No. 7 of i the City of,Caldwell, Idaho, For Oiling', be accepted and placed on file in the office of' the City Clerk of said city; that November 19, 1928, at 8 o'clock P. M. in the Council Chambers in the -City Hall of the City of Caldwell, Idaho, be and the same hereby is fixed as the time and place when and where objections to said Assessment Roll by the property owners in said district will be heard and considered. "Section 2. That the said Clerk is hereby authorized and directed to give due and legal notice by publication in compliance with the provisions of law, to property owners; that objections to said Assessment Roil may be filed within 10 days from the first publication of the Notice of Time to File Objections to said Assessment Roll, which said objections will be heard and considered by the Couneil the time and place above fixed in Section 1 hereof ". Motion was made by Hoffman, seconded by Dutton, that Resolution No 27 be approve . On the question as put by the Mayor, "Shall Resolution No. 27 be approved "? The Clerk was directed to =call the roll with the following result: AYES: DAVIS, DUTTON, HOFFMAN, JACKSON, MCCONNEL AND 19n. 'ORD. NAYES: NONE. The Mayor declared the motion carried end Resolution No. 27 approved. The Mayor end Clerit approved and signed same. i It was voted on motion of Mcgonnel, seconded by Davis, that Council adjourn to November 16, 1928, at 8:00, P, M. APPROVED: I ' IaYOR. I _ C0UNCIZ CHAMBERS, NOV. 16, 1928, 8 :00, 1. 11. Council met in regular session persuant to adjournment of November 5, 1926, with Mayor Dunlap presiding and Councilmen DAVIS, DUTTON HOFFPiAN, JACKSON, UCCONNEL AND MUMFORD, PRESENT. ABSENT: NONE. J. L. Eberle, representing 'Richards & Haga, Boise, Idaho, Attorneys for John L. Porter, owner of the franchises held by the Boise Valley Traction Co., appeared be- fore the Council and presented a Stipulation of adjustment and settlement of the action of the City of Caldwell vs Boise &,Intorurban:Railway Company, Ltd., the same being in Pull as a part of the minutes of this meeting. The STIPULATION was considered at some length by the Mayor and Council and City Attorney, and the following resolution confirming same was presented. RESOLUTION NO. 28, BY MOCONNEL, ENTITLED "A R?SOLUTION CONFIRMING THE SETTLMIEN OF THE CLAIMS OF THE CITY OF CAL10=, , AGAINST THE BOISE VALLEY TRACTION COMPANY% "BE IT RESOLVED by the Mayor one Council of the City of Caldwell, Idaho: "Section 1. That certain stipulationmade and entered into by and between the City of Caldwell and certain defendants in the case entitled 'The City of Caldwell, eto. vs. Boise end Interurban Railway Company, a corporation, at al.,' pending in the Di a trio t �9 Court of the Seventh Judicial District of the State of Idaho, in and for the County of Canyon, a copy of which stipulation is attached hereto, be and the sane is hereby approve confirmed and ratified. "Section 2. That the act:of the City Attorney and M. H. Eustace, as council for the City of Caldwell, in executing said stipulation, be and the dame hereby approved, ratified and confirmed as the act of said City of Caldwell ". Motion was made by McConnel, seconded by Hoffman, that Resolution No. 28 be approved. On the question as put by the Mayor, "Shell Resolution No. 28 be approved "? The Clerk was directed to call the roll with the following result: AYES: DAVIS DUTTON, HOP -1UN, JACMSON, MCCONITEL AND JUjFoRD. NAYES: NONE. The Mayer declared the motion carried and Resolution No. 28 approved. The Ueyor and Clerk signed and approved said Resolution No. 28. The following is a copy of the Stipulation above mentioned. IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OD THE STATE OF IDAHO, IN AND FOR CANYON COUNTY THE CITY OF CALDWELL, e E municipal corporation, eto., 1 Plaintiff, STIPULATION - 46 - BOISE AND INTERURBAN RAILWAY COMPANY, Limited, a oorp- ) oration, at al., Defendants. 1 ! � The parties hereto having reached an amicable adjustment and settlement of the controversitiee between them involved in this cause, hereby STIPULATE and AGREE as follows: 1. That the entitled cause shell be dismissed and the re- straining order or injunction heretofore issued herein dissolved forthwith and that the Court may make and enter its order to that effect, and the same to be with prejudice so far as the City of Caldwell is concerned. 2. That the defendant John L. Porter, who is now the caner i of all the franchises heretofore held by the Boise Valley Traction Company, has surrendered the same to the City of Caldwell in ac- cordance with the release and surrender attached hereto and said City of Caldwell does hereby accept the surrender thereof and releasea the said John L. Porter, his heirs, administrators, ex- ecutors and assigns, of and from all and every of the obligations of said franchises, or any of them, the intention hereof being that both the ogid plaintiff and said defendant shall be relieved and released of all obligations under and by virtue of said fran- chisee, or any of them. 3. That said John L. Porter shall pay to the County of Canyon all general State, County, City and District taxes due it for the years 1926 and 1927: and for 1928, as may be deter- mined by stipulation or otherwise in that certain case now pending between John L. Porter and the Tax Collector and Sheriff of Canyon County in the District Court of the a United States for the �9 District of Idaho, Southern Division. 4. That said John L. Porter has delivered to the City of Cald- well a bill of sale to the bridge adjacent to the northerly boundary of said City, a copy of which bill of sale is attached hereto, and said City of Caldwell hoes hereby relapse and remise unto said John L. Porter and his successors and resigns all of its right, title and Interest in and to the rails, poles, wire and other property former- ly owned by the Boise Valley Traction Company in said City of Cald- well with the right in said John L. Porter and his successors and so- signs to remove the same; it being understood and agreed that this shall be without pre7udioe to whatever rights the bondholders of Im- provement District vo. 2 shall have with respect to said property with- such Improvement District. 5. it is oleo understood and agreed that all rails now laid in the pavement in said City of Caldwell shall be the property of said City of Caldwell, with the right inlaid City to use them as a binder in pgving or to cover them over in the event of the resurfacing or remove them or make any other use of the s.nme that may seem convenient or advantageous to the City, the said John L. Porter herby waiving all right, title and interest to the same. 6. That the said John L. Porter shell on demand by said City of Cnld'. give a ccnvr.ynnce by bargain and S. ^le Deed to all their r!Zht title and Ipterst'in and to the right of way formerly held by the Boise Valley Traction company from Third Street in Caldwell North to the Fast side of Curtis Park. Dated November 16, 1928. Hugh n, Caldwell M. H. Eustaoe Attorneys for tFe cit o Caldwell Richards & Ra a Attorneys for Jo L. Porter, The Perry, Buxton, Doane Com- pany and Ueorge B. Doane, Jr. SURRENDER OF FRANCHISES KNOW ALL 2214 BY THESE PRESENTS, That for and in consideration of the settlement and adjustment made between John L. Porter and the City of Caldwell in connection with that certain case entitled: The City of Caldwell, a municipal corporation, etc., veraus Boise and Interurban Railway Company, Limited, a corporation, at al, pending in the District Court of the Seventh Judicial District of the State of Idaho, in and for Canyon County, 'the said John L. Porter, R. G. Jennings end Gerald Ronon, as the bondholders committee representing the deposited bonds of the Boise and Interurban Railway Company Lim- ited, by end through Oliver 0. Haga, of 3oise, Idaho, their attorney - in -feet, do hereby release, remise and surrender Into the 'City of Caldwell all and every of the franchises and franchise rights for- merly owned and held by the Boise Valley Traction Company, a corp- } El n 41 H111 {.l 1!1 oration, including but not expressly limited to the following: (a) Franchise Ordinance No. 75, granting a franchise to the Boise and Interurban Railway Company, Limited, over.bettain street$ in the City of Caldwell; (b) Franchise Ordinance No. 100, granting a franchise to the Boise and Interurban Railway Company, Limited, upon certain streets in the City of Caldwell; (c) Franchise Ordinance No. 101, granting to the Boise and Interurban Railway Company, Limited, certain rights in certain streets and sidewalks in the City of Caldwell; (d) Franchise Ordinance No. 107, granting to the Boise and Interurban Railway Company, Limited, the right to cross certain streets and sidewalks in the City of Caldwell; (e) Franchise Ordinance No. 203, granting to William Mainland a franchise to usa certein streets and alleys in the City of Caldwell; (f) Resolution of November 20, 1911, relative to the use of certain streets and alleys in the City of Caldwell by William = inland; (g) And such franchise rights as may have been formerly owned and held by said Boise Palley Traction Company in said City of Caldwell; (h) Franchise Ordinance No. 221 consenting to lease by Idaho Railway Light and Power Company to Idaho Traction Company of certain rights in the'City of Caldwell. This surrender is made persunnt to the stipulation above mentioned and upon a mutdal release of all rights and obligations by the undersigned and said City of Caldwell shell be relieved and released of all rights and obligatipne under and by virtue of said franchises, or any of them. It being also understood that the undersigned does also waive any right; title and interest that it may have in said City of Caldwell in and to all rails now in place in any pavement within the boundries of said City: It being understood and agreed that this instrument shall be without prejudice to whatever rights the Bondholders of Improve- ment District No. 2 shall have with respect to the property in such improvement district. IN WITNESS WHEREOF, the said parties have caused these presents to be executed by and through their.attorney- infaot thereunto duly authorized. JOHN L. PORTER, R. G. JENNINGS .and GERALD RONON, Bondholders Protective Committee representing the deposited bonds of the Boise and Interurban Railway Company, Limited, BY OLIVER 0. HAGA. T e r A t orney -in ac . Mayor Dunlap retired from the meeting, and President Mumford presiding. It was'voted 00 motion of Jackson, seconded by Hoffman, that Councilmen MoOonnel not as o committee to confer with the Pioneer Irrigation District with regard to the enforcement of the contract to drain Memorial Park. It was voted on motion of McConnel, seconded by Jackson, that Council adjourn to November 19, 1928, at 6:0®, P. 11. A ?P ROVED •Lifer l C le r k.