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HomeMy WebLinkAbout1930-12-23city council minutesCOUNCIL OHAMBERB December 19, 1930 0:00 o'clock P,m. � i i I� i The Council met in adjourned session pursuant to law with Mayor r ionnel presiding, and'Councilmen loliman, Dickens, Gordon,. Johns, Leighty and Sandmeyer, present, Absent None. Owing to the absence of the City Clerk the B&eyor appointed Mi.' W6 0. Dyer Acting Clerk and announced that the Oounoil was in session for the consideration of any business dhioh might lawfully come before it. Er. W. 06 Tatum asked for street light on the Corner of 10th and Elgin Streets. Motion by Bollman seconded by Johns that a light be placed at. above corner and Clerk be inetruoted to notify the Idaho Power Company, Motion carried. Motion by Johns seconded by Sandmeyer that Council adjoursanto reconvene on Deoembgr 23rd, 1930. Motion oa ;ried. o ing e; APPROVEDs COUNCIL CHEERS December 23. 1930 6s00 O'olook'P.M: The Council met in adjourned session pursuant to adjournment'with Mayor MoConnel presiding, and Councilmen, Dickens, Gordon, Johns, and Leighty present. Absent, Oounoilmen Bollman and Sandmeyer. Owing to the absence 04 the City Clerk the Mayor appointed Mr. W. C. Dyer, Acting Clerk, and announced that the Council was in session for the consideration of any bueinese which might lawfully come before it. Mr. 'Aden Rude, Preeident of the Caldwell Chamber of Commeroe, Mr. B. 0. Pasley, representing the Cdddwell Retail,Merchants Association, and Mr. J. R. Brown, Manager of the Dairymen go-operative Creamery of Boise valley, appeared before the Ooanoil And urged that the Council create a local improve- ment district for the purpose of oonetruoting a sewer system.to.afford sewerage connections for the new creamery building under construction by the Mairymens Co-operative Creamery,`of Boise Valley. After considerable discussion of the project it was agreed by Mr. J. R. Brown, on behalf of the Dairymen Cc- operative Creamery, that if the City would organise the improvement district and cause suoh sewerage system to be construated, that the Dairymene Oc- opers- tive Creamery would purchase the bonds of the improvement district. Thereupon Councilmen Johns introduced the following resolution and moved its adoptions RESOLUTION $s. 57 BY ,JOHN®. A RESOLUTION DECLARING THE INTENTION OF THE CITY OF CREATE AND ESTABLISH LOCAL INPROVSJENT DISTRICT N0. 14, FOR .T1 SEPTIC hMM. AND ALL OTHER SEUP APPURTENANCES NECESSARY FOR THE PARTS OF THE CITY WHERE SUCH IMPROVM=T 18 TO BE MADE THE BIND AND CHARACTER OF THE PROBOSID IMPROVEEBENT, THE EBTIMATED COST OF 'ME SANE, 16 THAT SUCH COST I8 TO BE ASSESSED AGAINST AHD UPON THE EBUTTING, ADJOINING AND ADJACENT LOTS AND LANDS ON THE STREETS ALONG OR UPON WHICH OUCH IEROVZWTS ARE TO BE MADE AND UPON LOTS AND LANDS 323CLALIX BENEFITED BY SUCH IRPROUNENT AND INCLUDED IN THE 11MOVDIENT DISTRIO! 20r.n D, AND TEE 31ETUOD BY WHICH THE COST AND WENS'EB OF THE 112ROVE10VT WITHIN THE INTERSECTIONS IS TO BE PAID; FIXING TIM TIM WITHIN WHICH PROTESTS AGAINST SAID PROPOSED LHPROVEMENT MAY BE FILED IN THE OFFICE, OF THE CITY OLM AND FIXING TIM TI Z WITHIN WHICH PROTESTS WILL BE REARD AHD CONSIDERED BY TEE 0OUE01U. DECLARING THE INTENTION OF THE MAYOR AND COUNCIL TO PROVIDE POR'THE COST AID EXPENSES OF SUCH nBPROvEmENT1 PREBORIBING 'TRE URTHOD OF ;!BAKING ASSEBBIMSTS AND TAE PAYMENT THEREOF AND ISSUING BONDS OF ME SAID DISTRICT, AND DECLARING AN EBBERGENCY. WHEREAS, it is deemed advisable and to the beet interest of the City of Caldwell, that an enlarged local improvement district shall be established it the eel city including the property abutting, adjoining, contiguous and a$jaoent to each improvement and bam- efited thereby, as hereinafter 14 this resolution, epeoifioally set forth,and that there be constructed in said district suitable ditches, drains, conduits, and -channels. for sanitary and drainage purposes, or either or both thereof, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, and all other sewer appurtenances necessary for the comfort, convenience, health, and well- being of the.mumioipality, and that the costs of aafd improvements shall be levied and assessed against the lots and lends Included within said improvement district and benefited thereby as in the manner provided by law now, thereforey BE IT RESOLMM, by the Mayor and Connoil of the City of Caldwell, Idaho= Section 1. That itla hereby declared to be the intention of the Mayor and Council of the City of Caldwell,�in the County of Canyon, State of Idaho, to create and establish within said city an enlarged local improvement district to be known as Local Improvement District No. 14, for the City of Caldwell, Idaho. Bea. 8. That said proposed improvement is an original improvement and the general character of the improvement to be made in the said proposed local improvement district is ditches, drains, conduits and channels for sanitary and drainege purposes, or either or both thereof, with outlets, cesspools, manholes', catch basins, flue h tanks, ssptio. tanks, and all other sewer appurtenances necessa, for the oomfort, convenience, health, and well being of the municipality, to be oon- atiuoted of iron, Portland cement concrete, earth, sand,.grevel, stone, and such exoavation as may be- neoeseary,.all in accordance with the plans and specifications ' therefor to be hereafter adopted. by the Mayor and Council and plaoed on file in the - office of the City Clerk of the City of Caldwell. Sea. 8. That said Local Improvement District No. 14, shall constitute and include all of the lets andlands, abutting, adjoining and adjacent to the improvement as hereinafter defined in section 4 hereof, and all of the lots and lands benefited by such improvement within the following boundaries, to -wits Beginning at the intersection of the center line of Denver street with the center line of Boise Avenue, thence southeasterly* along the center line of Denver Street to its inter with the center line of Seventh Avenue, thence Southwesterly long the center line , Seventh Avenue to its ;right- ofiway,Pithenoe gouthweeterlsouthwesterly ide of the Oreg Short Line R ailroad Company, 8 mtheasterly along the southwesterly aide of amid railroad rightsof -way to its Intersection with the center line of Tenth Avenue, thence southwesterly along the 1 I 0 9 center line of Tenth Avenue., to its intersection vath the center line of Main Street, thence northwesterly along the center line of Main Street to its Intersection with the center line.of Fifth Avenae, thence northeasterly along the center line of Afth Avenue to its intersection with the northeasterly side line of the Oregon.'$hcrt• zinc :Railroad oompany,right.of -way, thence morthwesterly along the northeasterly side of the railroad right -of -way to its intersection with the oenter.lins of Fourth Avenue, thence northeasterly along the center line of Fourth Avenue, to US intersection with the center line of Chicago Street, thence northwesterly &long the center line of Ohioago Street to its inte "r4eotion with the center line of Boise Avenue, thence northeasterly along the centerline of Boise Avenue to the point of beginning. Seo. 4. That it is-Proposed to construct in said Local Improvement District par 14, the following described oeiginal improvement, to with= A sewer system and drainage and disposal works, consisting generally In .of ditches, drains, conduits, and channels for sanitary and drainage purposes, or either ar both thereof, with outlets, oesepools, manholes, catch basine, flush tanke,lseptic tanks, and all other sewer appurtenances neoeseary for,the comfort, oonvenienoe, health andwell -being of the munioipality, and particularly of an eighteen inch main line with eight inch lateral lines, oonstructed of- "table Sewerage and drainage piping material, having its point of beginning and general sour as and point of 'ending upon and along the following designated and described at-roots and alleys and other property, to -wits Beginning with the intersection of the alley.between Denver and Ohioago Streets with the west side of Boise Avenue, running thence Southeasterly along the center line of said e11ey to its intersection with the center line of Fifth Avenue, thence southwesterly along the oenter line cf fifth Avenue to its Intersection with the center line of Albany Street; also beginning�at a point at the intersection of the center line of Fifth Avenue with the center line of the alley between Belmont and Albany Streets, running thence Southeasterly along the center line of said alley to the center line Of Seventh Avenue. as fully provided and specified in the plane and specifications for said system of sewerage and drainage, which are now on file in the office of the City Engineer of the Oity of Caldwell, at the oit y $oil. a , $eo, 6- That the estimated cost of Said improvement herein provided for is the sum of #7726.00) Seo. 6. That a portion of the cost and expenses of Local Improvement District No. 14, and the oonstruotion of said improvement shall be assessed upon property iherein, lying beyond the limits of improvement distriots as described in Section b of Ohapter 887, of the laws of 1927, of the State of Idaho, in a000rd- once with the special benefits to such property, to be determined and by the when the district 16 created, the balance of the cost and expenses of the construction of said improvement shall be assessed upon the abutting, adjoin• ing, contiguous and adjacent lots and lands to such improvement and lands ^ benefited and included in the improvement district formed, an such streets and alleys where the proposed improvement is to be constructed as hereinbefore deeorib- ad, and said cost and expenses shall be assessed upon the abutting, adjoining, contiguous, and adjacent late and lands, in the improvement district formed, each parcel of lend being separately assessed for the debt thereof, in proportion to the number of square feet on such lots and lands, abutting, adjoining, oontiga- cus and adjacent thereto „ or included in the improvement district to the distance back from such streets, if platted in blooks, to the center of the block, if platted in lots, to the center of the lot, and if not platted to the distance cf one hundred twenty -five feet, and in proportion to the benefits derived to suoh property by Said improvements, sufficient to cover the total cost and expenses of the work, provided, that no property shall be included within each district or �J em seemed for such cost and expenses, situated more than 1 „200 feet from the�improvemante to be made, but that such outlying property so assessed shall be assessed in s000rdanoe with the special benefits to such- property as hareinbefors provided. The cost and expanses to be assessed as herein provided for shall include the contract price of the improvement, engineering, and clerical services, advertising, cost of inspection, coat of colleoting assessments, interest upon warrants if issued, and for legal services for preparing proceedings and advising in regard thereto. See. 7. That the cost and expenses of all improvements made,in the Spaces formed by the intersection and Junction of streets and avenues, and opposite alleys, in said district, shall be levied and assessed against, in p ;oportion to, and 4e borne by, the property within said district, in the same mapma r as in this resolution provided for other assessments, which last mentioned cost shall be a lien upon Said property, the same as any other assessment against said property in amid district. Sao. 8. That the Mayor and Council of the City of Caldwell shall assume and retain Yell and complete jurisdiction of all contraction work necessary to oonatraot said improvement and to do the same by contract as provided by law. That the Committee on Streets together with the City Engineer, shall, under the direction of the Mayor and Council, supervise said construction walk and see that the same is done in Strict accordance with the plane and specifications provided by the City Engineer and approved by the City Council, anal such oon- contracts as may, hereafter be entered into by said City and those to whom the contracts may be awarded after due notice for bids has been published as required by law. Sea. 9. That all property owners who may desire to protest against the making of said improvements, and against the creation of said enlarged improvement district may file such protests against said improvements and against the creation of said enlarged improvement dietriat in the office of the City Clerk at any time befor6 5;00 O'clock p.m., on the 18th day of Jarimaxy, 1931, and that the City Council of ssid City of Caldwell„ will meet on the 12th day of January, 1931, in the City Council Chambers, 'the authorised and usual meeting pleas to hear and pass upon such protests theretofore filed add determine whether or not to proceed with Said proposed improvement. Sao. 10, Shat the City Clerk is hereby authorised and directed to give flue and legal notice hereof and of the time within which protests against said proposed improvement or the creation of said district miF be filed, and the date when such pro- tests will be heard and considered by the Council; which notice shall demo-ribs the general character of the improvement proposed to be made and the estimated total cost thereof; and shall cause such notice to be published in two issues of the Caldwell News - Tribune, published at�Caldwell, Idaho. the official newspaper of said city, the last publication of which shall be at least five days proceeding the 12th day of January,' 1931, being the date fixed in this resolution within which protests may be filed; affi said City Clerk shall cause the Publisher's Affidavit of said publication to be filed in his office an or before the time herein fixed for the filing of Such protests; a copy of such notice shall be mailed to each owner of property ' if known, or his agent if knomm,within the limits of said improvement district, addressed to much person at his ; poet office address if known, or if unknown, to the post office of the City of 0aldwell, where such Wrovemant is to be made; and the said City Clerk must make mid file in his office an affidavit showing the mailing of Such notice. Sao. 11. That bonds of said district shall be issued for the payment of the � �J I 1. , 0008 a1 expenses inolnded in and for the construction of said improvement-. said bonds shall be a lien upon each parcel of land within said district and made sub — Ject to assessment for the said bonds and.the interest.00npone thereof. Assessments made and levied to pay the Goat and expenses of as id improvement shall comatitute a lien upon and against the property upon which such assessment or assessments are made and levied from and after the. date upon which the ordinance levying such assessment or assessments becomes effective, which Liam shall be superior to the lien of any mortgage or other incumbrances,.whether prior in time or not, sad shall constitute suoh lien until paid, subject to the extinguishment of my pooh lien by the Bale Of any property on account of non - payment of general taxes. such assess. meat shall be collected or the property in default aball be foreclosed and gold for Bush assessments and costs in a suit for that purpose by the city in the manner provided by law Sao. '12. That the construction of said improvement is necessary for'the Immediate preservation of the public peace, comfort, oonvenieaoe; health, safety' and welfare, and therefore an emergency exists and this resolution be in full force and effect from amd after its passage and approval* The motion for the adoption of said resolution was duly seconded by Dickens. The question being "shall the Resolution pass?" The Mayor directed the Clerk to call the roll which resulted ae follows :' Those voting in the affirmative: Dickens, Gordon, Johns and Deighty. Those voting in the negative: tons. Absent and not voting. Hollman and eamdmeyer. whereypon the Mayor'declared the motion carried and Resolution Do. 57 adopted and direated'the Clerk to record the same upon the journal of the proceedinge of ibe'Oodnoil as .'part of the minutes of this meeting. Thereupon the Mayor in open session of the Council duly signed and approved said resolution and the Clerk duly signed and attested the ewe. It was moved by Johns and eeconded by beighty that the Council adjoarn. Notion carried. oving 017 larx. APPROVED: Z yor.