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HomeMy WebLinkAbout1973.11.21 CITY COUNCIL MINUTES~~ ~' JOINT WATER & 5EWER REVENUE ~ONt~ st 2nd YES 253 393 N0 100 106 GENERAL OBLIGATION WATER BOND 1st 2nd YES 248 382 NO 99 II2 VOTING TOTAL 3rd TOTAL 557 1187 117 328 There was a total of 1670 voting, with 78 spoiled ballots. Meeting adjourned at {1:00 P. M. _,~ • ~ G ~ ~-` .~„ 1{ lit-~-Q-t~-~~ City Clerk, Unanimously carried or MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO Minutes of the regular meeting of the City Council of the City of Rexburg, Idaho, held November 21, 1973, at the City Hall. Mayor Henry Shirley was present and presided. The following council members were present: Barton Jensen, Warren Porter, Richard Davis, and Glenn Peterson. Absent were Albert Pieper and Ruth Smith. In the excused absence of City Clerk Beulah Johnson, the Mayor asked Mary Smith to take the Minutes. 2E: MINUTES APPROVED Minutes of the regu-ar meeting held November 7th 1973, were read and on motion of Richard Davis, seconded by Barton Jensen and unanimously carried, the same were approved. tE: BILLS APPROVED Bills in the amount of $129,734.89 were read. On motion of Barton Jensen, seconded by Glenn Peterson and unanimously carried, the same were approved and ordered paid. ;E: CHRISTMAS DECORATIONS DISCUSSED, EMPLOYEES TO GET. A TURKEY Barton Jensen brought up the matter of Christmas decorations for the streets. The matter .was discussed. The Mayor suggested that instead of having a Christmas party for the city employees, that each city employee be given a turkey. Warren Porter moved that each city employee be given a turkey rather than having a Christmas party, seconded by Barton Jensen and unanimously carried. E: CITY TO RETAIN PARKING METER HEADS The Mayor stated that since the Johnny Carson show, he had had requests from people wanting to get parking meter heads in order to make banks out. of them. The matter was discussed. It was moved by Warren Porter, seconded by Richard Davis and unanimously carried, that the City retain the parking meter heads. E: BOY SCOUTS GIVEN PERMISSION TO SELL CHRISTMAS TREES LICENSE FEE WAfVED The Mayor reported that the Boy Scouts wanted to sell Christmas trees on a vacant lot at 52 South 2nd West and asked that the license fee be waived. It was moved by Barton Jensen, seconded by Glenn Peterson and unanimously carried that the license fee far selling the Christmas trees by the Boy Scouts be warted and that .t hey be permitted to sell Christmas trees in the vacant lat at 52 South 2nd West. RE: w~ IMPROVEMENT DISTRICT ASSESSMENT TO BE PRORATED ON BELL PROPER~`Y •' ~.~~ " `~„I 4 i Richard Davis stated that Lamont and Garen Beil had divided. between themselves a certain piece of property in the City of Rexburg which was in Improvement District 19, and that they would like to pro-rate the improvement district assessment to each piece of property so divided. He therefore moved that the improvement district assessment be pro-rated. on said property which was divided between Lamont Bell and Garen Bell. Seconded by Barton Jensen..- Unanimously Carried CITY TO PAY $1721.00 FOR COMPRENSIVE PLANS FOR PLANNING The Mayor stated that there was a balance due of $1721.00 on the ~..-.; Comprensive Plans. He suggested that the City pay this amount and try to get the county to include the same in the next year's. budget and re-imburse the City. He stated that the College would not pay any more as they had already made some payments. The matter was discussed. It was moved by Richard Davis, seconded by Warren Porter and unanimously carried that the City pay $1721.00 which was the remainder of the bill for printing the Comprehensive Plan and that the City make every effort to get remuneration from the County and have the County include this item in its next year's budget. RE: NECESSARY TO ISSUE A TAX ANTICIPATION NOTE The Mayor explained that it was necessary to issue a tax anticipation note to defray the City expenses as the Certificate of Deposit which the City had in'the amount of $100,000.00 would not be payable until the last of January, 1974, and if it were cashed now the City would lose the interest, the certificate drawing in excess of eight per cent interest. The matter was discussed. Glenn Peterson presented the following Resolution: R RESOLUTION Be it resolved by the City Council of the City of Rexburg, Madison County, State of Idaho, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho, and a taxing district within the meaning of Seciton 63-3101, Idaho. Code, in regular meeting assembled: I. That the City of Rexburg borrow money in the sum of $125,000.00, and issue as evidence of such debt, a tax anticipation note, bearing interest at the rate of 4.75 per cent per annum from the date thereof until paid, which said .note shall mature January 31, (974; that said sum be borrowed from, and said note be issued to the First Security Bank of Idaho, a National Banking Corporation, Rexburg, Idaho, with its office and place of business in Rexburg, Idaho; such money to be used for general expenses of the City In anticipation of the taxes levied for the year 1973 far general purposes, and take as additional security for the payment of .said amount that certain Time Certificate of Deposit dated the 24th day of October, 1973, in the amount of $100,000.00 and due and payable January 2, 1974. 2. That the tax levy for the 1973 fiscal year has been completed; that the amount of taxes levi"ed for general purposes exclusive of taxes levied for outstanding bonded indebtedness and special purposes during 1973 is 21 mills on the dollar of assessed valuation, which Ussessed valuation for the year 1973 was $6,721,775.00 making the total amount of taxes levied. for said fiscal year, exclusive of those levied for outstanding bonded indebtedness and special purposes, the sum of $140,000.00, of which sum none has yet been collected; that this proposed .tax anticipation note, together with said Time Certificate of Deposit in the amount of $100,000.00 does not exceed 75 per cent of the taxes levied by-said taxing district in the year 1973, and the proceeds therefrom have not yet been paid to the City of Rexburg. 3. That such tax antic-ipatton note shall be a negotiable instrument,. and shall pledge the full faith, credit a"nd resources of the City for the payment of tha same, :and shall be substantially in the following form: United States of America State of Idaho County of Madison ~`~~ $125,000.00 4.75 ' TAX ANTICIPATION NEGOTIABLE NOTE Rexburg, Madison County, Idaho November 21, 1973 ~ r i fi_,,. ~'~ For value received, the City of Rexburg, Madison County, State of Idaho, promises to pay to the First Security, N.A., a National Banking Corporation, with its office and place of business at Rexburg, Idaho, or its order, on the 31st day of January, 1974, the sum of One Hundred Twenty-Five Thousand (125,000.00) Dollars, lawful. money of the United Stated os America, with .interest from the date of this Hate at the rate of four and seventy-five hundredths percentum (4.75) per annum until paid. This note is issued in pursuance of a Resolution duly adopted by the City of Rexburg, Madison County, State of Idaho, on the 21st day of November, 1973. It is hereby certified and recited that each and every act, condition and thing required to_be done, to have happened, and to be performed percedent to and in the issuance hereof has been performed in full and strict compliance with the Constitution of the State of Idaho and the provisions of Chapter 31, Title 63, Idaho Code, and amendments thereof; that the amount of this note, together with said Time Certificate of Deposit in the amount of $IOOy000.00, is not in excess of 75 per cent of the taxes levied by said taxing district in 1973, and not yet collected, and that the tax levy for 1973 has been completed but the entire proceeds therefrom have not yet been paid to the Gity of Rexburg by Madison County; that the assessed valuation and the tax levy is based on the 1973 assessed valuation and and 1973 tax levy; that the full faith,_credit and resources of the said City are hereby pledged for the payment of this note, according to its terms; that there remains to be collected, all of the taxes levied for 1973 and said Time Certificate of Deposit in the amount $100,000.00 due January 2, 1974; that there are no outstanding warrants heretofore drawn upon such levy, ant `there is a tax anticipation note outstanding in the amount of $42,400.00 to be paid from the uncollected portion of the taxes levied for the 1973 fiscal year, and said $100,000.00 Time Certificate of Deposit. /s/ Henry Shirley Henry Shirley, Mayor ATTEST: /s/ Beulah Johnson Beulah Johnson, City Clerk 4. That such tax anticipation note be sold at private sale to the First Security Bank of Idaho, N. A., Rexburg, Idaho, aforesaid, by the Mayor of the City forthwith, and that he be hereby authorized to make such sale and to receive the proceeds therefrom and deposit them to the credit of said city. 5. To provide for the payment of said tax anticipation note at maturity, a special fund is hereby created to be known as TAX ANTICIPATION BOND OR NOTE REDEMPTION FUND, and it is hereby provided that all taxes hereafter collected or received from the general tax levy for the year 1973 shall be placed immediately in such fund until such time as the funds accumulated therein shall be sufficient to pay the hereinabove mentioned tax anticipation note, together with interest thereon at maturity, and the funds so accumulated in the said fund are hereby appropriated and set apart for such purpose only and shall be used for no other purpose; providing, however, that this shall not limit the payment of said note to the said taxes collected, and said $100,000.00 Time Certificate of Deposit, but such note shall be the direct and general obligation of the City of Rexburg, It was moved by Barton Jensen, and seconded by Warren Porter that such Resolution be adopted, and the proper officers directed to proceed .accordingly, and that the Resolution be spread on the minutes, Upon call for question, the vote .was taken as: For 4, Against 0. Whereupon the Ma-yor declared the Resolution duly adopted and directed that the .:proper papers be executed and that .the Mayor proceed to negotiate the loan, as authorized in the Resolution and directed the Clerk to spread the Resolution upon"the minutes of tfie Council. Il ~~ t 1 ~ ~'~~ I_ At 8:40 P. M. it was moved by Glenn Peterson, seconded and unanimously carried, that the meeting adjourn. Mayo City Cler MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF REXBURG, IDAHO Special mee-iing December 13, 1973, at 3:30 P. M. at City Hall. Present & presiding Mayor Henry Shirley. Council present Ruth Smith, Glenn Peterson, Richard Davis and Warren Porter, also Chief of Police Blair Siepert. ~ RE B. J. BAR REQUESTS DECIS-ON ON BEER LICENSE Mrs. Jo Summers and Brent Church, manager of the B. J. Bar, appeared and requested transfer of 1973 Beer license from Randy Luke to Mrs. Jo Summers. Mrs. Summers also requested a decision on her•appiica- tion for a beer license for 1974. Action on this license had been i~ostponed at the December 5 council meeting pending investigation of complaints aboui- the operation and the possibility that the B. J. Bar was possibly operation 1n violation of the Beer .Ordinance. RE: CHIEF SIEPERT R~PQRTS ON B J BA, COMPLAINTS, BAR CLOSED Chief Siepert reported as follows:' The B. J. Bar does have an arrangement with .Rasmussen Real Estate for an emergency exit through their offices and opening onto main street. On two or three occasions the police had been called to the place to stop a fight. This had happened both inside and on the outside of the establishment. Complaints had been received of excessive noise from a juke box after the business had closed up for the night. Police had gone there and required them to lower the volume. Just recently a Rexburg Officer had apprehended a youth of age 18 drinking beer in the B. J. Bar. Chief Siepert said that the bartender stated that he had not sold the beer to the youth, and it was assumed that some one else had purchased it and passed it to the youth. The youth was charged but there was no case against the bartender. Chief Siepert at this time observed that the Beer License was in the name of Randy Luke. On December 12, 1973, Chief. Siepert and a State Liquor Law Enforcement Officer, Jim Mason, went to Randy Luke and advised him that he would be held responsible for any law violations that occurred in the operation of said bar. Randy Luke informed them that he had turned the Bar back to Mrs. Jo Summers in June of 1973. He then accompanied Chief Siepert and Jim Mason to the Bar and he (Randy Luke) removed the License from the. wall. Chief Siepert and Jim Mason then informed the Barmaid that no beer was to be sold until a license was obtained. Mr. Church closed the establishment and intends to stay closed until proper licenses are obtained. ~E COUNCILMEN QUESTION MR CHURCH ABOUT MUSIC PLAYING AFTER HOURS Mr. Church was asked why there needed to be music after closing time. He explained that the help liked to have the music while they cleaned up but that he would see that they kept the volume low. One councilman asked mr. Church if he would be willing, in case another complaint was received, to give orders that no music be played after closing time. Mr. Church agreed to this suggestion. ZE: BEER LICENSE TRANSFERRED FROM RANDY LUKE TO MRS. JO SUMMERS Mrs. Jo Summers stated that she had supposed that Randy Luke had, had the Beer Licenses transferred to her.