Loading...
HomeMy WebLinkAbout1959-11-17city council minutesU There h no f„rthmr business to come before the Council it wes moved by Council Smith, seconded by "o:incilman Shorb that Council recess to meet at 5100 O'clock P. M, November 17 959. Motion carried. i n Np,—r, City Clerk. COUNCIL CHAMBrPS NOVr -MBFF? 17, 1959 5:00 P. M. The Council met pursuant to recess and acknowledgment of notice in the following form- CALL A U 4CSNOYILBDGPi-Y O? HO'IjCE We, the undersigned Pfiayor and Members of the City Council of the City of Caldwell, Idaho, do each hereby acknowledge notice of a special meeting of the said Citv Council, to be held Ft the Council Chambers in the City Hall in the City of Loaldwpll, Idaho, at the hour of 5:C0 o'clock P. M., on the 17th, day of Nov- ember, 1959, for the transaction of all business in connection with the following object: �Ursuant to recess of [iovember 16, 1959 and to take up the matter of the Beer License issued to James 3eatty. which object was presented to each of the inders1wred in writing. V17N SS our signatures this 17th, ria7 of November, 1959. i __ Mayor. n I it in. n Councilman ,J> �Counci ma Co ncilman Counc lma Councilman Mayor Ed Simmerman presiding. Upon Roll Call the following Councilmen answered pr ^sent: E, T., Vassar, N. E. "Coley" Smith, Max Luby, smile ohorb, L. ". 31dredge and Leland Finley. A.lsn present were Tom Shearer, President of the Colleen of 1—ho and James Natty. The Mayor informed the Council discussion re,+arding the peer License issued to James Beatty was in order. The following oninion of the City .Attorney was read: Mayor and City Council Caldwell, Idaho Gentlemen) November 17, 1959. bly opinion has been requested for an interoretatl.on of the meaning of Section 2 -3J14, Caldwell Code of 19L2, with resnect to the defini of the words, "grocnds o` any nn - school or - college ", as used in that section. 4s to be expected, there a -e very few judicial decisions actually ma'ing a definition of terms of t.hi.s character. From the decisio ns it ao�ears to me that the use to whd ch the proparty is nut is the '?etarmining factor in cases of this ]and. The Sunreme Court of .earvia, for examnle, has held that a tract of land on which a school building has been located until it was destroyed by a cyclone, mid not con- tinue to be a "school ground" rrithin the meaning of a statute restricting issuance of liquor licenses. Hailey v. Dailey, I SE.2nd 685; 199 Geor'aia 486 E%PENDITPIRF.S BY FGn'dD5 WATER RIND SUPPLIES 602 29.35 TRF,AT?MNT PLANT " 622 558.83 AIRPORT FUND " 702 3.1x2 FIRE FUND " 802 10.30 Park. FUND " 9 59.27 — I CMISTERY F1TND ^ 1102 8.13 STREET FUND 1302 I:�RT CATION FUND " 1502 1 F7.4i TOTAL SPECIAL FUND SUPPLIES N:1D+rNOV. '59°x1,187.09 There h no f„rthmr business to come before the Council it wes moved by Council Smith, seconded by "o:incilman Shorb that Council recess to meet at 5100 O'clock P. M, November 17 959. Motion carried. i n Np,—r, City Clerk. COUNCIL CHAMBrPS NOVr -MBFF? 17, 1959 5:00 P. M. The Council met pursuant to recess and acknowledgment of notice in the following form- CALL A U 4CSNOYILBDGPi-Y O? HO'IjCE We, the undersigned Pfiayor and Members of the City Council of the City of Caldwell, Idaho, do each hereby acknowledge notice of a special meeting of the said Citv Council, to be held Ft the Council Chambers in the City Hall in the City of Loaldwpll, Idaho, at the hour of 5:C0 o'clock P. M., on the 17th, day of Nov- ember, 1959, for the transaction of all business in connection with the following object: �Ursuant to recess of [iovember 16, 1959 and to take up the matter of the Beer License issued to James 3eatty. which object was presented to each of the inders1wred in writing. V17N SS our signatures this 17th, ria7 of November, 1959. i __ Mayor. n I it in. n Councilman ,J> �Counci ma Co ncilman Counc lma Councilman Mayor Ed Simmerman presiding. Upon Roll Call the following Councilmen answered pr ^sent: E, T., Vassar, N. E. "Coley" Smith, Max Luby, smile ohorb, L. ". 31dredge and Leland Finley. A.lsn present were Tom Shearer, President of the Colleen of 1—ho and James Natty. The Mayor informed the Council discussion re,+arding the peer License issued to James Beatty was in order. The following oninion of the City .Attorney was read: Mayor and City Council Caldwell, Idaho Gentlemen) November 17, 1959. bly opinion has been requested for an interoretatl.on of the meaning of Section 2 -3J14, Caldwell Code of 19L2, with resnect to the defini of the words, "grocnds o` any nn - school or - college ", as used in that section. 4s to be expected, there a -e very few judicial decisions actually ma'ing a definition of terms of t.hi.s character. From the decisio ns it ao�ears to me that the use to whd ch the proparty is nut is the '?etarmining factor in cases of this ]and. The Sunreme Court of .earvia, for examnle, has held that a tract of land on which a school building has been located until it was destroyed by a cyclone, mid not con- tinue to be a "school ground" rrithin the meaning of a statute restricting issuance of liquor licenses. Hailey v. Dailey, I SE.2nd 685; 199 Geor'aia 486 t The S,ipreme `hurt of Colorado, in determining that lands or grounds, came within an exemption for tax ourcoses of school lots or vrounds, in a case involving a ranch school, held that the extent of the exemption is right- fully determined by the use made of the lots or .rounds. Some school institut- ions might require but little for their ❑articular ournoses, while others would require a large acreage. In this particular � , 1.h00 acres used ror ridin rn,rnoses held to be within the exemntion as a part of the sdhool grounds because they were used as a - 'part of the entire school unit and were necessary for the use adapted. Horton v. Fo =.intain Valley School of Colorado, 5c; P.2d 933 The distinction between the words, "school ground.", and other terms such as "school lands ", and "school nrooerty" is clearly obvious, the latter two terms having a much broader meaning than the words, "schO4 grounds ". I can only conclude, therefore, that the term, "school grounds"-as used in Our ordinance, means the grounds, lands or buildings used by the school for the puroose of accomplishing theeducational curooses of the school. To illustrate my point, it has been held that where a school list -ict ac- quired a residence and rented it to the principal of the school, such a struct- ure was not a "school house or ; School District v. Armstrong County, 56 Atl.2nd 692 (Pa. It would further appear to me that the questioc must ultimately he decided noon the use or intended use of the property in question. IV its use, or its intended us =-, is for the eureose of the educational program of the school or college, that is to say, used in furthering the purposes o£ the school, then the license should not issue. If, on the other hand, the use, or intended use, of the property is some- thing not incidental or necessary to the operation of the school, or for its educational purposes, then the license should probably issue. R.=.soectfplly submitted, Isl Dean Miller City Attorney, City of Caldwell, Idaho Councilman Smith: The previous administration did not consider the College of Idaho ero,mds, now in question, in conflict with City ordinances or they would not have issued a license to a business which is operating at the present tine and is in the came vicinity. Councilman Finley: If we cancel Mr. Beatty's license we will be compelled to cancel the license issued to the Bamboo Room. Councilman Vassar. As far s I can see this is a technical problem and we are not compelled to cancel this license. President Shearer: We are trying to keep dispensing of alcoholic ueverages as far away from the College as possible. Moved by Smith, see nded by Eldredge noon proper presentation to the `'ouncil of the cancelled lease between Mr. Beatty and Mr. McCluskey the beer license issued to Mr. Beatty be deldared null and void and the fee be rerunded. Unon Roll CaLl it aooeared the motion was unanimously carried. ., AnpL cation for Liouor License was read from Elk's Club, the fee accompanying the anollcation. Moved by Luby, seconded by Finley this license be granted. Upon Roll Call it appeared the motion was unanimously carried. Application for Beer License was read from Elk's Club, the fee accompanying the aonlication. Moved by Luby, seconded by Finley this License be granted. Upon Roll Call it appeared the motion a *as unanimously carried. F The Mayor appointed the - following Committee: City Attorn -y, City Engineer, Councilmen Vassar, Eldredge and Shorb to work out a tentative ordinance controlling sewer lines from buildings to the main sewer lines. There being no further business to come before the Council it was moved by Councilman Smith, seconded by Councilman Eldredge that Council adjourn. Motion carried. Mayor. Cit,s Clerk.