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Home My WebLink About1973.09.18 CITY COUNCIL MINUTESMlNOTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO P STATE OF IDAHO, ) COUNTY OF MADISON, ( SS CITY OF REXBURG. ) Mayor: Henry Shirley Councilmen: Richard .Davis Glenn Peterson Albert Pieper Ruth Smith Warren Porter A special meeting of the City Council of the City of Rexburg, Madison County, State of Idaho, was held on the 18th day of September, 1973, , at the hour of 8 o'clock P. M. at the City Hall, being the regular meeting place of said Council, at which meeting there were present and answering. ro11 call the following who constituted three-fourth of the Council Membership:. Absent: Barton Jensen Also Present: City Attorney, Mary Smith City Clerk, Beulah Johnson City Engineer, Clayter Forsgren Thereupon the following proceedings were duly had and taken: The City Clerk notified the City Council that the Notice of Intention to cause certain streets and alleys and parts thereof within the corporate lip~its of the City. to be graded; graveled, prime coated, paved, curbed, guttered, surface drained, sidewalks, sewers and water lines constructed thereon, and to .create Local Improvement District No. 20 in Rexburg, Idaho, authorized by the Resolution adopted by the City Council on the 30th day of August, 1973, had been duly published in the Rexburg Standard on September 4,..1973, and that the publisher's affidavit of publishing said notice of intention was duly flied in her .office. The City Clerk stated that she had flied in her office her affidavit to the effect that on the 4th day of September, 1973, she deposited in the United Sta#es Mai1, postage prepaid, envelopes addressed to each owner of property if known, or said owner's agent, if known, within the limits of said proposed Local Improvement District No. 20, City of Rexburg, Idaho, addressed to such person at his post office address if known, or if unknown, to the post office in Rexburg, Idaho, and that in each of said envelopes was contained, when mailed, a true and correct copy of said Notice of Intention.. The City Clerk then presented her affidavit stating that four written protestes had been tiled against the construction of certain improvements in certain areas of the proposed improvement district; that such protests were received by her or in her office by 8 o'clock P. M. on September 18, 1973. The Mayor then stated that the Counci protests. would hear the written and oral PROTESTS That in support of a written protest signed by the following named people .residing on the 500 block of Maple Driue in Rexburg, Idaho, to-wit: Rosalie Goddard, Joe Goddard, Duane Newman; Marie Newman, Carol James, Lucille Poulton, Calvin Poulton, Steve Lewis, Deanna Lewis, David B. Hillier., Crystal S. Hillier, Dean Sorensen, Paula Sorensen, J, Vance Hendricks, Diane Hendricks, Edward E. Mahlstrom, Barbara Mahlstrom, ~~~'~F;f'I l.? I .;f}rlf.~1_~ ~ uF^~~7 i <~~ ° i c l P ;'}ncr~ 1 P~: ,i', 1 ( ~ ,e ~ hrr}~n un M ,n . A~ i T ~ ,+,° rG , ~t t,~~n ~~~~ L. Meyers and Bonnie Meyers, six of the signers there-of, to-wits Rosalie Goddard, Steve Lewis;, Dav i d B. Hi I I ier, (~~~n ~oreris~,r~, Ed'wa'rd C. Mah l tram ~~ and Miles T. Monson appeared. in person. They stated that they d1d not feel it fair that they should be charged .with the paving expense in the 500 block of the Mil'I Hollow road immediately East of their respective properties. After discussion, they stated that they thought they could. speak in behalf of the protesting property owners that they would not` object to being included in the district for the construction of curb and gutter only. The Council determined that it would not be necessary to constuc sewer and water lines for this particular area inasmuch as the 500 Block of Maple Drive had sewer and water service. After discussion and consideration, it was moved by Councilman Albert Pieper, seconded by Councilman Glenn Peterson, and unanimously carried, That the protest of said property owners against inclusion in the proposed district for the construction of paving, sewer and water lines be granted, and that their protest pertaining to inclusion in said proposed district for the construction of curb and gutter be denied and that their property be included in Improvement District No 20 ~~ for construction of curb and gutter. Darwin Mickelsen had filed a written protest protesting sidewalk construction on the West side of Block 55 between 3rd South and 4th South and Block 3 of the Parker Addition, and also the construction of sidewalk on the South side only between 2nd West and Ist West, which is bordered on the North by Block 5 of the Original Rexburg Townsite, and Block 8 of the South End Additon and on the SOUTH by Block 55 o.f the Original Rexburg Townsite and Block 9 of the South End Addition, and sidewalk on the East side between Ist North and 2nd North which is bordered on the East by Block 23 of the Original Rexburg Townsite. He did not appear in support of the same. After discussion and consideration it was moved by Councilman Albert Pieper, seconded by Councilwoman Ruth Smith, and unanimously carried, that his protest be denied and that said property be included in Improvement District No. 20. Ray Hall, Chairman of the Madison Soil and Water Conservation District, filed a written protest against the inclusion of its property in Local improvement District No. 20 for the construction of sidewalks on Ist West between Ist and Znd North. He did not appear in person to support the same. After discussion and consideration, it was moved by Councilman Glenn Peterson, seconded by Councilman Albert Pieper, and unanimously carried, that his protest be denied and said property be included in Improvement District no. 20. Grant R. Bowen filed a written protest protesting the construction of the proposed sidewalk improvement on his property on West 3rd South located in Lot 2, Block 9. He did not appear in person to support the same. After discussion and consideration, it was moved by Councilwoman Ruth Smith, seconded by Councilman Albert Pieper, and unanimously carried, that his protest be granted and that his said property be eliminated from the proposed Improvement District No. 20. There being no further business to come before the meeting, on motion duly made,. seconded and carried, the meeting adjourned. M yor ATTEST: l '- City Clerk STATE OF IDAHO, ) COUNTY OF MADISON (SS CITY OF REXBURG ) f I, BEULAH JOHNSON, the duly chosen, qualified and acting Clerk of the City of Rexburg, County of Madison, State of Idaho, do hereby certify that that the foregoing pages numbered 14 to 17, both inclusive, are true, perfect and complete copies of the record of the proceedings of the City Council of Rexburg, 'had and taken at a:lawful meeting of said Council held at-the City Halt in said .City on Tuesday, the 18th day of September, 1973, at the hour of 8 o'clock P. M., as recorded in the regular official book of records of the proceedings of said Council kept in my office, and .that said proceedings were duly had and taken as therein shown, that the meeting therein shown was duly held, that the persons therein named as present at said meeting were present as shown --- ----. ~ fr w. ~ 2~ by said minutes, and that all ! fied of said meeting. WITNESS my hand and the seal September, 1973. fSeal) ~ ~ „ ~ !'' i the members cif the C i t'y~ Caunc~ i 1 were du 1'~ n, t i - ~" of the City of Rexburg, this 18th day of i y C erk i MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CFTY OF REXBURG, IDAHO 4 Regular meeting of Rexburg City Council held September 19, 1973, at ~ City HaII at 7:30. Present and presiding Mayor Henry Shriley. Council present Albert ~ Pieper, Glenn Peterson, Ruth Smith, Barton Jensen, Richard L. Davis i and Warren Porter arriving at 9:25 P. M. Others present City attorney Mary Smith, City Clerk and Treasurer Beulah. Johnson, Mike Green and Roger Porter news reporters. RE: JERRY BRIAN AWARDED CERTIFICATE ~~ Jerry Brian from Waterworks Department was present. Mayor Shirley awarded him his certificate from State Department of Health designating him a Third Class Waterworks and Sewage plant operator, from his completion of a recent school he attended. All present expressed their congradulations to Mr. Brian. RE: MINUTES OF SEPTEMBER 5, 1973 Minutes of September 5, 1973 were read. be passed. Seconded by Pieper. RE: MINUTES OF SPECIAL MEETING Motioned by Davis that same Unanimously carried Minutes of Special meeting held September 18 at 8:00 were read by Mary Smith. RE: ORDINANCE 539 AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT N0. 20 IN REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING CERTAIN STREETS AND ALLEYS AND PARTS TEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY, TO BE GRADED, GRAVLED, PRIME COATED, PAVED, CURBED, .GUTTERED, SURFACE DRAINED, SIDEWALKS, SEWERS AND WATER LINES CONSTRUCTED THEREON WITHIN SAID DISTRICT: PROVIDING FOR Tt~Jn LEVY OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITED BY SUCH IMPROVEMENI`~; STATING TNF~ BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE PRE~ARAT.IfJa~l. ~F. A a. NT ROLL: REPEALING ALL ORDINANCES i N CONFL f C~, HEREWITH ~41~DECLAR 1 ``n:,PN EMERGENCY. A motion was made by Barton Jensen, seconded by Ruth Smith to suspend the rules and have. said Ordinance placed upon its final passage. The Mayor ordered the roll call of the Council called, and the roll being called by the City Clerk for the suspension of the rules was as follows: Those voting "AYE" Albert Pieper Glenn Peterson Ruth Smith Barton.Jensen Richard L. Davis 1 --~.; i ~ ~ The roll being called and aII Councilmen present voting "AYE" carried. The Mayor then called for the voting for final passage of the .Ordinance,. the motion was made by Glenn Peterson seconded by Barton Jensen. The Mayor ordered the roll call of the council called, and the roll being called by the .City Clerk for the final passage of the Ordinance was as follows: Thane Voting "AYE'" ~~~. _~ ~