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HomeMy WebLinkAbout1956-11-23city council minutesCOUNCIL rRA77p.7RS o *'flEp 21st, 1956, Brno P. if,. B The C- iuncll met purs•iant to call and acknowledgment of notice in the following foil:: CALL AND ACKNOKEDGP.TEPTf of NOTICE We, the undersigned Mayor and liembr.rs of the City Ccuncil of the City of Caldwell, Ida' do each I II hereby acknol ^. notice of a onecial meeting of said City Council to be held at the Council Chambers in the City Sall in the ity of Caldwell, I.':"o at the hour of 8:00 otcleck P. M. on the lhth day of November 1956, for the transaction of all business in connection with the following object: to discuss Provisions of the proposed gas franchise, which object t submitted to each of the undersigned in writing. n S"?TTPIESS our signaturzs this 27.5t day of November, 1956. F� �// - Mayor J ^n C. Smith presiding. U I Upon Roll Call the follo%s ng Councilmen answered present: Fran Plomqui.nt, L. E. Purrell, Geo I Clevelznd, Emile Shorb, L. P. Eldredge and J. M. Bettis. I Provisions of the proposed gas ordinance was aga'n discussed. The City Attorney informed the Council final draft of ':he franchise would be complete by November also 23rdf the franchiW held by the Caldwell Cooperative Gas Assoc, had been declared unconstitutional by the Idaho Supreme Court. It was brought to the attention of the Council Intermountain Gas Co, would pay- the e- tpense of �I publishing the ordinance granting franchise and salary for engineer to inspect gas lines. There being no further business to come before the Council it was moved by Councilman Bettis, seconded by �'ouncilman Eldredge that Council adjourn to meet November 23rd, 1956 at 8:00 o'clock P. W. at the Council Chambers in the p ity Hall. Motion carried. i I II -ti / Mayor, j City Clerk. COUNCIL CRAh1PERS NOVE17BER 23rd, 1 ?56 8:00 P. M. Pursuant to adjournment of November 21st, the City Council met in the Council Rooms of the City li Hall with the Mayor Jason C. Smith presiding. Upon Roll Call the following Council -.en answered present; L. E. Burrell, Goo Cleveland, Emile I Shorby Fraa Blomquist.and J. M. Bettis. Ahsent: L. P. Eldredge. 'I The following letter was read and ordered spread on the h4i nutes; i i November 15 1956 Intermountain Gas Company 905 Main Street] Boise, Idaho I Dear Sirs: s This is to advise that the Council of the City of Caldwell met at a special session at 5: - '0 o'clock P. M. on November 15, 1956, at the Council Chambers in the City- Hall. At that time the matter of a franchise for the distribution of natural ,III gas within the corporate limits of the City of Caldwell by your company was discussed. At that meeting a motion was made and carried placing the Council on record of its intent to grant a franchise to your company providing that terms agreeable to your company and the Council can be agreed upon. As soon as a proposed franchise is submitted by your company to the Council and the same has been examined and passed upon by the City Attorney and the City Engineer, the same will be immed4 ^*.ely considered by the Council at a special meeting and if satisfactory, an ordinance granting the franchise will be passed. Ve t:�J2 youra, /a7Jason C, Smith Mayor. �7 Thereupon Councilman Blomquist introduced Bill No 12, entitled: j AN ORDINANCE OF THE CITY OF CALD`.',ELL, IDAHO, GRANTING TO INTERVOUNTAIN GAS COMPANY A THIRTY (30) -- YEAR FRANCHISE TO CONS "'RUCT, MAINTAIN, AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING p FOR THE USE OF STREETS AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL PUNERS OF THE CITY; SETTING FORTH THE RULES COVERNING °,PAIRS AND RECONSTRUCTION OF THE STREET; PROVIDING FOR THE RIGHT OF IN» SPECTION BY THE CITY OF GRANTEEIS PLANS, ACCOUNTS, AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; i II SETTING FORTH THE ANNUAL PAYMENT TO THE CITY, AND THE FILING OF ANNUAL REPORTS WITH THE CITY; REQUIRING GRANTEE TD INDEMNIFY CITY, AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; I� SETTING TIME IN ?NCH TO COMPLY ' ":'ITH FRANCHISE; PROVIDING FOR PAYMENT OF INSPECTION COSTS, SETTING FORTH AN AGREE'ME'NT NOT TO COMPETE, RESERVING P010lER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; I GRANTING RIGHT TO SALVAGE AFTER POSTING BOND; REQUIRING 'WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE, I ASSIGNMENT OR LEASE; SETTING FORTH CITYIS RIGHT TO ADDITIONAL PAYMENTS; PROVIDING FOR THE PURCHASE BY THE CITY AT ITS ELECTION OF THE GRANTEE'S OAS SYSTEM, ',+iORKS PLANT AND PROPERTY IN ITS ENTIRETY VdITHIN THE CORPORATE LI'dITS OF CALa,.E:LL, IDAHO, AND RIGHT OF TRANSMISSION LINE USE, WITH THE EXCEPTION OF PROPERTY NEITHER USED ^'OR USEFUL IN THE PUBLIC SERVICE, CASH ON HAND OR IN BANKS, NOTES, BONDS, SHARES OF STOCK, OR OTHER SECURITIES, AND ANY ACCOUNTS RECEIVABLE OTHER THAN CUSTOMERS ACCOUNTS RECEIVABLE LESS THAN SIXTY (6G) DAYS OLD, THE 'MANNER, MET','OD, TERMS, AND CONDITIONS THEREOF, AND FOR THE RELEASE OF PROPERTY SO PUR- CHASED FROM IORTCkGES, TRUST DEEDS AND OTHER ENCUMBRANCES; PROVID NG FOR THE INVENTORY AND DETERMINATION OF THE FAIR W LUATION OF THE GRANTEEIS PROPERTY TO BE SO PURCHASED BY THE CITY OTHER THAN ACCOUNTS RECEIV- ABLE AND UNBILLED REVENUE, THE DATE THEREOF AND FOR THE PAY OF EXPENSES THEREFOR, AND FOR THE APPOIN% ,ENT OF A BOARD OF THREE (3) APPRAISERS TO 'PAID; SUCH INVENTORY AND VALUATION, AND THEIR QUALIFICATIONS, FO:ff:RS, AND DUTIES; PROVIDING FOR THE DETERMINATION OF THE PURCHASE PRICE TO BE =AID BY THE CITY, THE PAYMENT THE EOF, AND THE CONVEYANCE ,AND DELIVERY OF POSSESSION OF THE PROPERTY $O FUCHASED AND THE TEREURATION DF THIS AND ALL OTHER FRANCHISES HELD BY GRANTEE FROM CALU:ELL UPON FINAL CONSU':8+4ATION OF SUC- SgLE, DELIVERY I OF POSSESSION TO THE CITY AND PAYMENT OF THE FULL PURCHASE PRICE; PROVIDING THAT NOTHING IE Thra ORDINANCE BE CONSTRUED AS PREVENTING THE SALE TO THE CITY OF GRANTEEIS GAS SYSTEM, PdORKS, PLANT AND PROPERTY BY i VOLUNTARY AND MUTUAL AGREE':_NTS BETWEEN THE CITY AND THE GRANTEE; PROVIDING FOR PAYF.'T:NT OF PUBLICATION COSTS; PROVIDING FOR CrTYiS CONSENT TO GAS STORA'E FACILITIES, SETTING FORTH PE!ALTIES AND FORFEITURES, SEPARABILII�f, AND REPEAL. which was read for the fiat time and the CourciI proceeded to a consideration of Bill No. 12. It was moved by Councilman Blomquist, seconded by Councilman Burrell that the rules requiring that the reading of �I! a Bill on three separate days be suspended and Hill No 12, be read the second time by title and the third time in full section by section and placed on the final passage. The Mayor directed the Clerk to call the t Roll on the above motion with the following result: Those voting in the affirmative were: Blomquist, Burrell, Cleveland, Shorb, and Bettis. Negative: None. .Absent and not voting: Eldredge. The Mayor declared the motion had passed by the necessary three - fourths majority and directed the Clerk to read Bill A No 12, the second time by title and the third time in full section by section. The Clerk read the Bill as directed. The question being "Shall Bill No 12 pass ?" The Mayor direoj�ed the Clerk to call the roll on the above question which resulted as follows: Those voting in the affir native were: Blcmquist, Burrell, , Cleveland, Shorb and Bettis. Negative: None. Absent and not voting: Eldredge. Thereupon the Mayor declared Bill No 12, had passed and the Mayor in open session of the Council 11 duly signed and approved the Bill, and the Clerk duly signed and attested the same which became Ordinance No. 893. The Mayor directed the Clerk to Hake proper entry of the same and to cause Ordinance N ®. 893, to be,published in the News - Tribune the official news apex of the City of Caldwell, Idaho. Application for Beer License was r.ad from The Tavern, the fee accompanying the application. Moved by Cleveland, seconded by Blomquist that this License be granted. Upoa Roll Call it appeared the motion eras unanimously carried. Application for Liquor License was read from The Tavern, the fee accompanying the application. Moved by Cleveland, seconded by Blomquist that this License be granted.I' Upon Roll Call it appeared the motion was unanimously carried. Councilman Bettie discussed the pro -posed Freeway through Boise Valley. Mr. Bettis informed the i Council a joint meeting of the Chambers of Commerce of Na.:pa and Caldwell would be held in the near future to discuss the proposed ropte. The Mayor informed the Council, Al Garber, Director of the College of Idaho, has presented a plan, for Council consideration, of a proposed community base ball field. This field to be located east of Twenty- second Avenue and paralle' -ing the Union Pacific Railroad right-of This property is owned by 'I the College of Idaho and will be deeded to the City for this purpose. No action was taken on this proposal, a' Designating Blaine Street as a one way street was discussed, also, the junction of Blaine Street II, with Highway 30. There being no further business to come before the Council it was moved by Councilman Bettis, seconded by Councilman Cleveland that Council adjourn. Motion carried. G� City Clerk, CO'INCIL CHAIMERS DECE24BER 3, 1956 8:00 P. M. Mayor. The Regular Monthly Meeting of the City Council met in the Council Rooms of the City Hall with the Mayor Jason C. Smith presiding. lTpon Roll Call the following Councilman ansivered pr =sent: L. E. Burrell, George Cleveland, Emile Shorb, L. P. Eldredge and J. M. Bettis. Absent: Fran Blomquist. The Mayor informed the Council this was the time set by notice for hearing protests to the Assess - meet Roll of Local Improvement District No. 40, of the City of Caldwell, Idaho. There were no objections or protests filed. Thereupon the following order was made and entered by unanimous vote of the Council. ORDER AN ORDER CONFIRMING AND APPROVING THE ASSESSMENT ROLL IN LOCAL IIAPROVEMBNT DISTRICT NO. 40 OF THE CITY OF CALTWELL, IDAHO. The Committee on Streets of the City of Caldwell, together with the City Engineer of said City of Caldwell, has heretofore certified and submitted to the Mayor and Council, the Assessment Roll of Local it Improvement District No. 40, of the Cit,: of Caldwell, Idaho, and it appearing that the assessment roll was received in the Office of the City Clerk of the City of Caldwell, at 5:00 o'clock P. M., on the 5th day of November, 1956; and that said Assessment Roll is 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 �I Mayor and Council, held in the City Hall of said City, on the 5th day of November, 1956, passed a resolutions ordering said assessment roll to be place on file in the Office of the City Clerk of the City of Caldwell, 'Q and fixing the 3rd day of December, 1956 at 8:00 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 Rolla sand directing the City Clerk of the said City to give dud and legal notice in compliance with the provisions -of law, of the filing of said Assessment Roll in his office, the date of filing the same and the time and place at which the Council would hear and consider objections to said Assessment poll by parties aggrieved by such assessments and the persons by whom and the time within which said objections should b e filed, and Q ,further directing that said notice be published in three successive issues of The News - Tribune, a daily paper, 'Printed and nublished in the Citv of Cald-11, Idaho, and the official newspaper of the City of Caldwell; all of which more fully appears in said resolution; And it further appearing appearing that the City Clerk of the said City gave notice of the receipt of said Assessment Roll and of the time and place fixed for hearing protests the - eto, directing the time, II II .lace and manner of filing said objections; all of which more fully appears by said notice, dLted the 5th day of November, 1956, and now on file in the office of the City Clerk of the Cite of Caldwell; and it further appearing that said notice was published as directed in the said resolution above mentioned, in � The News - Tribune, the official newspaper of said City, in the issues of November 19, 1956, November 20, 1956 and November 21, 1956, as more fully appears by the affidavit of publication of said notice on file in the office of the City Clerk of said City of C and it further appearing that notice was duly and regular-1 ly given in all respects as 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, and the f time fixed and appointed for hearing and consirering such object and and protests having arrived and it further appearing that no objections or protests whatsoever have been filed in said matter; and said Assess- ii •ment Roll having come on regularly for hearing and donsideration and the same having been fully and duly considered by the fayor and Council of the City of Caldwell, Idaho, and said Assessment Rol, together with q all proceedings in making such assessments having by said Mayor and Ccunci been found regular, valid, correct,