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HomeMy WebLinkAboutORD 536BILL NO 1 ` ORDINANCE No. 536 BY COUNCILIr -01 I ; °MIFOR ,. AN 0i3.DIlTP -NCE DECLARING THE NECESSITY POR TEL BUILD ING, COTYSTRUCTION, IrST ,LG-A'T'ION AND EQ;UIPhIENT OF CERTAIIT 8RIDGES ACROSS INDIAN CR:EEIz` WITIiIjT T °CIF CITY OF CALDWI;LL , Y CtQ'IYO.Cd COUNTY, IDkU."O; AND SU'BI11TTINICr TO 'T'EE QUt,IIF1ED :E.LLC- TORTS 01' TEE CITY OF CALDVELL, - CANYOR COUNTY, IDA':T0, Pi-lo, ARE TAXPA!'ER IN `T'II, SAID CITY OF CAL7 ITLETZ, CANYO N COUNTY, IDAHO, FOR Ti IR. DZTL ; 7 INATION, THE QUE8T'ION OF ISSUIITC, IN THE Iv;AN- N "LR P :OVIDED BY TF +_i' BOND L&W OF TEL S' -ATE OF IDAHO, I'!EGOT- CO 0A BOI']DS OF THE CITY OP C .LD'u'a'LTAL, CA.IvYOT'J CiOUllT- TY, ' IDAIIO , IN THE SUTl OF t45 TO ' PROVIDE MIDS TO BUILD, CONSTRUCT, INSTALL AND :EQ,UIP I ZGE'T BRIDGES COT°I' LE`T'S; ACROSS INDIAN CIRE K IN THE CITY OF CALfft"VELL, CANYON COUNTY, IDAHO, ' 011B RE THE Sk.ID I2kDIA:T C ` Ej.` :. IlN TL :Z»BC `T'S ' TI -III; STRBETS AND AVE - NUBS OF T111 CITY OF CALDS CiANY01i C ©WIC' �Tf IDAHO, AT TEE FOLL0 PLACE S, TO -NIT: AT THE INTE":Z6 ,C`T'ION OF SAID INDIAN CRL'!,' VJITT FOURTH AVT',AR SOUTH AND ARTHUR STREET; AT TT..I IT:T 'RSEC'TION OF SAID ITTJIAN CREED WITH FIFT.F.' AVT`KIlE SOUTH AND ARTHUR STREET; AT TEE INTERSECTION OF SAID "INDIA.." CREEK AND 4 ITHIUR STREET BETIAMEN BLOCKS` 2 AND 13 OF TfIE' ORIGINAL TO'i °jT`T OF CALE'I'3l"LL, 01,FYON COUNTY IDAHO, AND BETWEU° l FIFTE AND SIXTH A.VET'UBS SOUTH; AT THE INTERSECTION OF SAID INDIAN CREEK WITH BLAINE S'T'lZhh4_T AND SEVENTH A.VI NEE SOUTIi AT TIME INTERSECTION OF SAID INDIAN CREll`la ?ITT TE11TH AVEIvrTYL W,,UTIT lul TTiTR 1M BLAINE STREETS; AT THE Tl�T tSLPCT1CN OF SAID INDIAN CREEK WIT LL:,VT,taTH AVEtT'ML SOUTI; AND ARTHUR STREET; AT THE INTER- SECTION OF SidD INDIAN Ch: K NI`1H 4 LPT-1fl 4, JVENUL SOUTH BETiiTEEN ARTEUR Ia D 3 �f IN STRL{'ETS; AT TILL Ij,:TL RSLECTICN OF SAID INDIAN GREETS INITII Tl?f MTY ->a IRS)T AVENUE NOR "1'I'I BETWEEN N CI ICA' STREET AND THEUNION P.&CT,EI:C RAIM,01kD, EACH OF SAID BRIDGES" TO BE COMPLETE 1VITI.I ROADWAY AND +.-'I E'',VA.LKS, EXCEn TH.0 T TF-E TIvEvTY I IR` T A,V1 ;S':U.0 74'011T31 Bl IDGEI SHALL 13E WITH ROAD "i3WAY ONLY, TO BE CONSTRUCTED WITH PILING AND REINFORCED CONCRETE FOUIJDATIONS, KND RKYP'ORCED CONCR..s`.I "LE .iO3UTYENTS, AND STEEL AND TYEINTFOIZCED COKCRLTh OR Wv - IKATLD FLOORS ACCORDING TO THE P.I,,A!IIS SPEC IFICATIONS ADOPTED 13Y T111 1JA,YOI, AND COUNCIL OF THE CITY' OF CALD )dhLL, AND ON FILE IN THE OF'F'ICE OF THE CITY CLERK OF' SA 'Cl) CI1'1' O ' CALDWELL; BY PL �CIIASING THE T•IECESSA1'_�_'' I�m'!A'1'1:RIAT�S AND PUTTING THE SILME IN PLACE; PROVIDING A MAXINUY I TE OF INTEREST ON SAID BOND6, WHIM7 SHJkLI, NOrC EXCEED SIX (6) PER CENT PER ANEW; PROVIDING THAT THE ULTI.. -PE ':A`2URITK OF SAID BOND ISSUE, SHALL BE NOT LONGER THA.H T,,`JWl (20) 1' ILS FROL TJ E�' Di.TE OF ISSUE; T. A.I' ING PROVISIONS FOR THE' LEVY AND COLLEC- TION OF A WK NECES -S41RY TO PAY THE PRT''CIPAL OF AND THE' IN— TE.4ga:ST TO ACCRUE UPON SUCH DONDS, UPOV AN A,41R. 'L AKORTIZA`lION .. �, 5...; FiOVI.I3ED 1 SE 5..55,211 II)A IC} COi�E I1TTO IA,T D, A S AMENDED BY 0114P 'ER 38,, SESSION LAMS OF IDAIIO, .1933, AND AS AIVM dDED B" CI P TLlq 95, S SSMk.' L,A' 7S OF IDAI?.O, 1935, AND THE; 1 L- BOND LAW OF THE STATE OF IDABO PRESCRIBING THE FORT +i OF I'3OTICE TO BE GIVEN TO THE QUALIFIED EL'LsCTOHS OF TIIE CITY OF CA.LDWEILL, CANYOI:a COUNTY, IDAFO, 1WHO A.RE 'TAXPtIYERSOF THE SAID CITY OF C ,L17Mi'ML, CANYON COUNTY, IDAHO, OF THE HOLDING OF SUCH ELECTION AND rI I FORTJ OF BALLOT TO BE USED r ilh FIXING TILTE TIME AND PLACE FOR - HOLDING SUC I ELECTIGN, AND NA. `H `-t'HE 1+..CECTION OFFICEES TO SLRVE Ta �iMA,T. VVEERE'A,S, It is necessary for the best interests of the City of Cal.dtivell, Canyon County, Idaho, at large, that eight (8) bridges be built, constructed, installed and equipped ,2_ 1 �► s across Indian Creek within the city linits of the City of Caldwell, Canyon County, Idaho, at the following places, to- wit: At the intersection of said Indian Creek with Fourth Avenue South and Arthur 'Street; at the intersection of said Indian Creek with Fifth Avenue South and Arthur Street; at the intersection of said Indian Creek and Arthur Street be- tween Blocks 2 and 13 of the original town of Caldwell, Canyon County, Idaho, and between Fifth and Sixth Avenues South; at the intersection of said Indian Creep with Blaine Street and Seventh Avenue South; at the intersection'of said Indian Creek with Tenth Avenue South between Arthur and Blaine Streets; at the intersection of said Indian Creek with Eleventh Avenue South and Arthur Street; at the intersection of said Indian Creek with Twelfth Avenue South between Arthur and Plain Streets; at the intersection of said Indian Creek with Twenty- first Avenue North between Chicago Street and the Union Pacific Railroad; said bridges to be built, constructed, installed ped.;,with pi li ng-and-reinforced concrete foundations,, and reinforced concrete abutments, and steel and reinforced concrete or laminated floors, with roadways and sidewalks complete, except that the Twenty - first Avenue North bridge shall be with roadway only, according to the plans and speci- fications adopted by the Mayor and Council of the City of Caldwell, and on file in the office of the City Clerk of the said City of Caldwell, to which reference is hereby made for greater certainty, and WHEREk -S, It is contemplated that the cost of the build ink, construction, installation and equipment of said bridges be paid by the City of Caldwell at large out of the general funds of the said City of Caldwell, and - WEER ?,,S, The City of Caldwell, Canyon County, Idaho, is unable to provide the necessary funds for the building, construction, installation and equipment of the said bridges out of the general levy`of the City of Caldwell:, Canyon County, Idaho, and iHISREAS, It is deemed advisable to issue negotiable coupon bonds of the City of Caldwell, Canyon County,: Idaho, in the principal sum of X45,000.00 to provide funds with which to build, construct, install and equip said bridges, complete, with piling and reinforced concrete foundations, and with reinforced concrete abutments, and steel and reinforced con- crete or laminated floors, except that the 1 1%venty- first Avenue North bridge shall be with roadway only, according to the plans and specifications adopted by the I:layor and Council of the City of Caldwell, and on file in the office of the City Clerk of said City, of Caldwell, T Uff, THII,. EI OI`M, BE IT ORDA.1 By the Yayor and Council of the City of Caldwell., Canyon County,- Idaho: Section 1. That a special bond election be, and the same is, hereby= ordered and called to be held within the City of Caldwell, Canyon County, Idaho, at the voting places here - inagter designated and established, on the 30th day of July, 1036; the polls,for said. election shall be open at the hour of 0 o'clock A. Ty?'., and remain open continuously thereafter until closed, and close at the hour of 7 o'clock, P. Tt, on said day, for the purpose of submitting to the qualified electors of the City of Caldwell, Canyon County, Idaho, who are tax payers of said City of Caldwell, Canyon 'County, Idaho, for their determination, the following question, to -wit: Shall the City of Caldwell, Canyon County, Idaho, issue its negotiable amorti- sation coupon bonds for the said City of Caldwell, Canyon -4- County, Idaho, in the amount; of 1;145,000.00 to provide funds with which to build, construct, install and equip eight (6) bridges across Indian Creek at the several points and places, as follows, to -wit: At`the intersection of said Indian Creek with Fourth Avenue South and Arthur Street; at the intersec- tion of said Indian Creek with Fifth kvenue South and Arthur Street; at the intersection of said Indian Creek'with'Arthur Street between Blocks 2 and 13 of the original town of Cald- well, Canyon County, Idaho, and between Fifth and Sixth !',.venues South; at the intersection of said Indian Creek with Blaine Street and Seventh Avenue South; at the intersection of said Indian Creek with Tenth avenue South ;betwreen Arthur and Blaine Streets; at the intersection of said Indian Creek with Eleventh avenue South and Arthur Street; at the intersect- tion`of said Indian Creek with Twelfth ,Avenue ,South between Arthur and Tdfain Streets; at the intersection of said Indian Creek with Twenty -first avenue North, between Chicago Street and the Union Pacific Railroad; to be constructed with piling and reinforced concrete foundations, reinforced concrete abutments, and steel and reinforced concrete or laminated, floors, according to the plans and specifications adopted by the ttilayor and Council of the City of Caldwell, and on file in the office of the City Clerk of said City of Caldwell, and as provided for and described in Ordinance Tao. 536, passed by the Council and approved by the Mayor the 24th day of June, D., 1936. Sec. 2. That the said election shall be held in the said 'City of Caldwell, Canyon County, Idaho, and a vote upon said election shall be taken in said City, and the designated voting places in the said City for the said election are as follows: '.yard No. 1: Canyon County Courthouse, iri Block 62, -5- original town of Caldwell, Canyon County, Idaho; "lard No. 2: the High School building in Block, 35, Dormans Addition to the 'City of Caldwell, 'Canyon County, Idaho; Ward No. 3: 'Me City Hall of the City of Caldwell., Canyon County, Idaho Sec. 3. That all persons who at the time of said elec- tion are the qualified electors of the City of Caldwell, Can- yen County, Idaho, and who are taxpayers of the said City of Caldwell, Canyon County, Idaho, shall be, qualified to vote at said election, upon the question to be submitted to them, as aforesaid; that the voting shall be by ballot, and the ballot shall be in substantially the following fonii, to -wit: OFFICIA BALLOT SPECIAL ElUNICIPAL ELECTION City of Caldwell, Canyon. County, State of Idaho. July 30th, 1936. IIsTS'1 The voter shall make a cross (X) in the appropriate space opposite the words which express his choice on the following; question submitted: Shall the City of Caldwell, "Canyon County, Idaho, issue its amortization negotiable coupon: bonds in the amount of y)45,000. +:O with which to provide funds to build, construct, install and equip eight (s) bridges across Indian Creek where said Indian Creek intersects the following; streets and avenues at the places indicated, to -wit: At the intersection of said Indian Creek with Fourth Avenue South and Arthur Street; at the `intersection of said Indian Creek with Fifth A.venve South and Arthur Street; at the intersection of said Indian Creek and Arthur Street between Blocks 2 and 13 of the original -6- town of Caldwell, Canyon. County, Idaho, and between Fifth and Sixth ,venues South; at the intersection of said Indian Creek with 'Blaine Street and Seventh Avenue South; at the intersection of said Indian Creek with T ilvenue South between 1Lrthur and Blaine Streets; at the intersection of said Indian Creek with Eleventh lWenue South and Arthur Street; at the intersection of said Indian Creek with Twelfth Avenue South between Arthur and Main Streets; at the inter- section of said Indian Creek with `Twenty -first 4venue North, between Chicago Street and the Union Pacific railroad; to be constructed with piling and reinforced concrete founda- tions, aeinforced concrete abutments, and steel and - reinforced concrete or laminated floors; by purchasing the necessary materials for building, constructing, installing and equip- ing said bridges, with abutments, supports and concrete or laminated floors, and driveways and sidewalks extending to the property line on either side, except that the Twenty - first :venue North bridge shall be with roadway only, in sub- stantial accordance and eomnliance with the plans and speci- fications heretofore adopted therefor, on file in the office of the City Clerk of the said City of Caldwell, and as is described in Ordinance No. 536, passed by the Council and approved by the Mayor the 24th day of June, A. D., 1936. , In favor of. issuing; bonds in the amount of ',45,000.00 for the purpose stated in said Ordinance No. 536 ( ) Arninat issuin- bonds in the amount of G45,000.00 for the See. 4. That the Clerk of the said City of Caldwell, Canon County, Idaho, shall give thirty days notice of the time and place of such election by causing; the some to be published for a period of thirty clays previous to said elec tion in the Caldwell News - Tribune, a newspaper printed and published in the City of Caldwell, Canyon County, Idaho, and the official newspaper of said City, and by posting notices in three of the most public places in each of the three wards of the said City of Caldwell, C County, Idaho, where the said election _is authorized to be hold one of said notices at each of the voting places hereinabove provided for, and where the election is authorized to be held, and the other two at two of the most public and suitable places in each of the wards of the said City, which said notices, to be so pub- lished and posted, shall be substantially in the following for,,n p to-wit: NOTICE OF SPLCI L TiUIVICIPA 'BOND EI,.�, Pursuant to the'laws of the State of Idaho, and to Ordinance No. 536 of the City of Caldwell, Canyon County, Idaho, public notice is hereby given that a special election will be held in the City of Caldwell, Canyon County, Idaho, at the voting places hereafter designated, on the 30th day of July, A. D., 1936, beginning at the hour of 9 o'clock A. 1'Vi., and closinv at the hour of 7 "o'clock P. Y. of said day, for the purpose of taking a vote of the qualified electors of the City of Caldwell, Canyon County, Idaho, who are taxpayers of the said City of Caldwell, Canyon 'County, Idaho, on the fol- lowing 'question, to -wit; -8- c Shall the City of Caldwell, Canyon County, Idaho, issue, in the manner provided by" the Diu.nicipal Bond '"Ia.w of the State of Idaho, amortization negotiable couy)on bonds of the City of Caldwell, Canyon County, Idaho, in the amount of ;45,000.00 to provide funds with which to build, construct, install and equip eight (8) bridges across Indian Creek within the City of Caldwell, Canyon County, Idaho, where said Indian Creek intersects the following streets and avenues, at the follow- ing. enlaces, toy -wit; At the intersection of said Indian Creek with Fourth Avenue South and Arthur Street; at the intersec- tion of said Indian Creek with Fifth Avenue South and Arthur Street; at the intersection of said Indian Creek and Arthur Street between Blocks 2 and 13 of the original town of Cald- well, Canyon Count;*, Idaho, and between ?Fifth and Sixth Avenues South; at the intersection of said Indian Creek with Blaine Street and Seventh Avenue South: at the intersection Indian Creek with Tenth Avenue South between Arthur and Blaine Streets,; at the intersection of said Indian Creek with Eleventh avenue South and Arthur Street; at the i.ntersee- tion of said Indian Creek with Twelfth Avenue South between .rthur and Main Streets; at the intersection of said Indian Creek with Twenty-first Avenue North", between Chicago Street and the Union Pacific Railroad; to be constructed with.piling and reinforced concrete foundations, reinforced concrete abut- ments, steel and reinforced concrete or laminated floors; by purchasing the necessary materials for building, constructing, installing and equipping said bridges, with abutments, sup ports and concrete or laminated floors, driveways, and side- walks extending, to the property line on either side, except that the Twenty -first Avenue North bridge shall be with roadway only, in accordance with the plans and specifications -9- heretofore adopted and now on file in the office of the City Clerk, and as is described in Ordinance No. 536 of the City of Caldwell, passed by the Council and approved by the Mayor on the 24th day of June, A. D., 1936.` Said election shall be held in the City of Caldwell, Canyon County, Idaho,, and a vote upon said question taken within the said City of Caldwell, and the'designated places for holding said election and where said votes shall be cast are as follows: a "hard No. l,; At the Canyon County Courthouse, in Block 62, original town of the City of Caldwell, Canyon County, Idaho; Ward No. 2: At the High School Building in Bloch 35, Dormans Addition to the City of Caldwell Canyon County, Idaho; Ward No. 3: At the City Hall in the City of Caldwell, Canyon County, Idaho. NOTICE 18 FUR'T -Eha GIVEN: That each and every person, in order to vote at said election, is required, to register, as provided by the Statutesof the State of Idaho; and that O. B. Fritts, the City Clerk of the City of Caldwell, Canyon County, Idaho, whose office and place of business is at the City Hall in the City of Caldwell, Canyon County, Idaho, is the ex- officio registrar of the said City of Caldwell., Canyon County, Idaho. Persons may register on any day between 9 o'clock 4. li. and 5 o'clock P. Li.', beginning with the day that the notice of election is given, and each day thereafter until the Saturday next preceding the election, provided that on Thursday, Friday and Saturday next,preceding,the election, registration may be made between the hours of 7 o'clock P. LA. and 9 otclock P. Y. The voting at said election shall be by ballot, the ballot to be supplied to the voters for their use in said election shall be in the form set out in said Ordinance No. 536. Dated at Caldwell., Canyon County, Idaho, this 24th day of June, 1936. 0. E. FRITTS, -10- City Clerk Sec. 5. That the following named persons are hereby des- gnated and appointed to act as judges at said election to be held in the City of Caldwell, Canyon County, Idaho, to- wit; 'ffard Tao. 1: Edna `L(larshall,,Gertrude aostlethwaite, and Clara Dimple. '!lard No. 2; Agnes Howard, Ethel P. ".Ward and Nao Tuni son _ _ Ward No. 3: Luella Sartenbawer, Margaret Yeller and Alberta Riddle. ;Sec. 6. In ease the issuance of said bonds, for the purposes'Mentioned in said Ordinance, shall be approved by the said electors and by virtue and pursuant to the laws of the State of Idaho in such cases made and provided, there shall be issued the amortization negotiable coupon bonds of the City of Caldwell, Canyon County,, Idaho, in the sum of `;;45,000.00 for the purposes determined by the said electors, and kiereinabove mentioned. Said bonds shall bear interest at the mate not to exceed six (6) per cent per annum; and the said bonds, if any issued, shall mature within a.- period of twenty (20) ,years, and no'bonds, if any issued, shall run for a longer terra than twenty (20), years froiti the date of the issue thereof, and said bonds, shall be payable upon an annual amortization plan; the first annual amortization grin - c i pal pa )Taent shall mature and be payable at the expiration of two years from and after the day and date of the issuance; and various annual maturities thereafter shall, as nearly as practical., be in such principal amounts as well, together with the accrued interest on all outstanding bonds of such issue, be met and paid by an equal annual tax levy for the . payment of'the principal of said bonds and the interest thereon, dur- ing the term for which such bonds shall be issued, in accord- ante with Section -55 -211 of the Idaho Code annotated, as -11- amended b7, Chapter 38 of the General Laws of the State of Idaho, passed at the Twenty - second Session of the State Legislature (1933),' and`'as`amendpd by Chapter 95 of the O- eneral 'maws of the State of Idaho, passed at the Twenty- third Session of the State Legislature (1935); and the annual bond maturities of said bonds shall be amortized and payable in accordance with the provisions of the municipal Bond Law of the State of Idaho There shall be levied in each of the years, 1938, to, and including, 1956, a tax upon all taxable property within the City of 'Caldwell, Canyon County, Idaho, sufficient levies to pay and discharge the principal and :interest on all bonds falling due in each of said years, respectively, and upon an annual amortization plan, asset forth and provided in Section 55 -211 of the .Idaho Code Annotated., as amended by Chapter 38 of the General. "Saws of the ;gate of Idaho,, passed at the Twenty- second Session of the State Legislature (1933), and as amended by Chapter 95 of the General Laws of the State of Idaho, passed at the Twenty -third Session of the State Legislature (1035)., and the municipal Bond .Latins of the State of Idaho. Said tapes shall be assessed, levied and collected i in the same manner as other taxes for general municipal pur- poses are assessed,, levied and collected, and the proper of- ficer or officers of the City of Caldwell, Canyon Count,,, Idaho, shall coo all things rea17isite and necessary to carry out the provisions hereof with respect to the levy and collection of such taxes. Sec. 7. This Qrd_,:naiice ` shall be in full force .and effect from and after its passage, - approval and due publica- tion, as required by law, and shall be irrepealable during the life of the said bonds issued pursuant hereto. -2- i -7.�-